Days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance
7.—[F1(1) Subject to paragraph (3), for the purposes of severe disablement allowance a person shall not be treated as incapable of work for any day which is not to be treated as a day of incapacity for work under regulation 4(1)(c) (Persons attending training courses) of the Social Security (Incapacity Benefit) Regulations 1994.]
[F2(1A) Regulation 5 (night workers) of the Social Security (Incapacity Benefit) Regulations 1994 shall apply for the purposes of severe disablement allowance as it applies for the purposes of incapacity benefit.]
[F3(1B) For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total for which he makes a claim for severe disablement allowance, beginning within a linking term and ending on a day not later than 13 weeks from the end of that linking term in respect of which he has been determined to be a person who is a welfare to work beneficiary; and in this paragraph “linking term” and “welfare to work beneficiary” have the meanings given in regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 (welfare to work beneficiary).]
[F4(1C) For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day where he is treated as incapable of work under regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in approved work to be treated as incapable of work).]
[F5(2) In determining for the purposes of section 68(2) or (3) of the Contributions and Benefits Act whether a person has been incapable of work for a period of not less than 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if that day was a day on which he was undergoing imprisonment or detention in legal custody and which was part of a period of imprisonment or detention of more than 6 weeks.]
(3) A person who was incapable of work—
(a)for not less than 196 consecutive days commencing on or before he attained the age of 20, and
(b)for not less than 196 consecutive days immediately preceding the relevant day,
but who was capable of work for a period which does not, or for periods which in the aggregate do not, exceed 182 days where that period or those periods occurred
(i)after the 196 days mentioned in sub-paragraph (a) but before the 196 days mentioned in sub-paragraph (b), and
(ii)after he attained the age of 15 years 24 weeks,
shall be treated for the purposes of section 36(2)(b) of the Act, and for that purpose only, as incapable of work on each day within that period or those periods.
Textual Amendments
F1Reg. 7(1) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)
F2Reg. 7(1A) inserted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)
F3Reg. 7(1B) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 5(2)
F4Reg. 7(1C) inserted (3.4.2000) by The Social Security (Approved Work) Regulations 2000 (S.I. 2000/678), regs. 1, 7
F5Reg. 7(2) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)
Modifications etc. (not altering text)
C1Subsections 2, 3 and 4 of s. 36 of the Social Security Act 1975 (c.14) were repealed and re-enacted (1.7.1992) as respectively, subsections 2, 3 and 4 of the Social Security Contributions and Benefits Act 1992 (c. 4)
C2Subsections 2, 3 and 4 of s. 36 of the Social Security Act 1975 (c.14) were repealed and re-enacted (1.7.1992) as respectively, subsections 2, 3 and 4 of the Social Security Contributions and Benefits Act 1992 (c. 4)