The Social Security (Incapacity Benefit) Regulations 1994

[F1 Age Exception—Persons aged 20 and under 25 E+W+S

15.— (1) For the purposes of subsection (2A)(b) of section 30A of the Contributions and Benefits Act (prescribed cases in relation to persons aged under 25 and above the age 20 limit), a person falls within a prescribed case if he satisfies the conditions specified in the following paragraphs.

(2) The conditions referred to in paragraph (1) are that, he is a person who—

(a) registered on a course of—

(i) full-time advanced or secondary education, or

(ii) vocational or work-based training,

at least 3 months before he attained the age of 20 years; and

(b) not more than one academic term immediately after registration under sub-paragraph (a), attended one or more such courses of education or training as are mentioned in that sub-paragraph [F2 in respect of a period] referred to in paragraph (3).

(3) The period mentioned in paragraph (2)(b) is a period which—

(a) began on or before a day at least 3 months before the day he attained the age of 20 years, and

[F3 (b) ended no earlier than the beginning of the last two complete tax years before the benefit year which would have governed a claim for incapacity benefit under section 30A(1)(a) of the Contributions and Benefits Act had he been eligible for it.]

(4) For the purposes of this regulation a person is attending a course of education or training on any day on which the course or training is interrupted by an illness or domestic emergency.

(5) For the purposes of this regulation—

• “advanced education” means full-time education for the purposes of—

  (a)

  a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council, or a teaching qualification; or

  (b)

  any other course which is of a standard above ordinary national diploma, a diploma of the Business and Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of Sixth Year Studies;

• “course of education” means a course of advanced education or secondary education;

• “full-time” includes part-time where the disability from which a person suffers prevents him from attending a full-time course;

• “relevant day” has the same meaning as in section 30A(1) of the Contributions and Benefits Act, that is to say, the day—

  (a)

  in respect of which a person is entitled to claim incapacity benefit;

  (b)

  which falls on any day immediately after a period of 196 consecutive days of incapacity for work; and

  (c)

  which forms part of a period of incapacity for work;

• “secondary education” means a full-time course of education below a course of advanced education—

  (a)

  by attendance at a recognised educational establishment within the meaning of section 147(1) of the Contributions and Benefits Act, or

  (b)

  elsewhere than at a recognised educational establishment, where the Secretary of State is satisfied that the education is equivalent to that given in a recognised educational establishment;

• “training” has the same meaning as vocational training or work-based training;

• “vocational training” means training for work as defined for the purposes of section 30C(6) of the Contributions and Benefits Act and in regulation 3, and includes any training, instruction or tuition (of which the primary purpose is the teaching of occupational or vocational skills) received on a course provided, for persons suffering mental or physical disability, by a person recognised by the Secretary of State; and

• “work-based training” means vocational training undertaken on the premises of an employer.]

Textual Amendments

F1 Pt. 4, 5 inserted (6.4.2001) by The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000 (S.I. 2000/3120), regs. 1, 2(5) (with reg. 6)

F2 Words in reg. 15(2)(b) substituted (25.4.2001) by The Social Security (Incapacity Benefit) Amendment Regulations 2001 (S.I. 2001/1305), regs. 1, 2(3)(a)

F3 Words in reg. 15(3)(b) substituted (25.4.2001) by The Social Security (Incapacity Benefit) Amendment Regulations 2001 (S.I. 2001/1305), regs. 1, 2(3)(b)