The Social Security (Incapacity Benefit) Regulations 1994

Days not to be treated as days of incapacity for work

4.—(1) For the purposes of incapacity benefit a day shall not be treated as a day of incapacity for work if it is–

(a) a day in respect of which a person–

(i) has made no claim for incapacity benefit;

(ii) has made a claim for incapacity benefit but not within the prescribed time and good cause for the delay is not shown; or

(iii) has made a claim for incapacity benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 1(2) of the Administration Act (which provides for a 12 month limit on claims for incapacity benefit);

(b) a day on which a person is disqualified for receiving incapacity benefit during a period of absence from Great Britain or imprisonment or detention in legal custody, if that disqualification is for more than 6 weeks; or

(c) subject to paragraph (2), a day on which a person attends a training course in respect of which he is paid a training allowance pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973(1) or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990(2).

(2) Paragraph (1)(c) shall not apply–

(a) for the purposes of any claim for incapacity benefit for a period commencing after a person ceased attending such a training course; or

(b) in calculating a period of continuous incapacity for work for the purposes of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 1975(3).

(1)

1973 c. 50.

(2)

1990 c. 35.

(3)

S.I. 1975/563. The relevant amending instrument is S.I. 1990/40.