F1PART IIASEVERE DISABLEMENT ALLOWANCE: AGE RELATED ADDITION

Annotations:
Amendments (Textual)

Circumstances in which a person is to be treated as having qualified for severe disablement allowanceF210A

1

A person shall be treated for the purposes of section 36A of the Act (which applies an age related addition to a severe disablement allowance) as having qualified for severe disablement allowance–

a

where he is a person to whom regulation 20 (persons formerly entitled to non-contributory invalidity pension) applies, on the first day of incapacity for work in a period of not less than 196 consecutive days of incapacity for work which immediately preceded the day he was first entitled to a non-contributory invalidity pension;

b

where he is a person who qualified for severe disablement allowance by virtue of subsection (3)(b) of section 36 of the Act and was incapable of work on each day in a period which immediately preceded the period of not less than 196 consecutive days mentioned in that subsection, on the first day of incapacity for work in the period first mentioned;

c

where he is a person to whom regulation 6 (modification of section 36(2) and (3) of the Actetc) applies, on the first day of incapacity for work in a period of not less than 196 consecutive days of incapacity which immediately preceded the first day on which he was previously entitled to a severe disablement allowance.

2

Where in any particular case a person satisfies the requirements of two or more subparagraphs in paragraph (1), then he shall be treated as having qualified for severe disablement allowance in accordance with that sub-paragraph which produces the earlier or earliest day in his case.

Circumstances in which days are to be treated as days of incapacity for work10B

Where a person is treated as incapable of work for the purposes of section 36(2)(b) of the Act because regulation 7(3) (days for which persons are to be regarded as incapable of work etc.) applies to him, the days on which he was treated as incapable of work under regulation 7(3), shall be treated as days of incapacity for work for the purpose of determining the day on which he qualified for severe disablement allowance under section 36A of the Act.