The Social Security (Incapacity Benefit) Regulations 1994 No. 2946

PART II E+W+S Entitlement to incapacity benefit: Supplementary provisions

[F1 Inclusion of days of sickness absence from duty before discharge from Her Majesty’s forces in calculating days of entitlement to incapacity benefit E+W+S

7C.— (1) For the purpose of section 30D(3A) of the Contributions and Benefits Act (days to be included in respect of person discharged from Her Majesty’s forces after 3rd May 2003 when calculating the number of days for which the person has been entitled to short-term incapacity benefit) there is prescribed any day which falls within a period—

(a) of 4 or more consecutive days each of which is a day which is recorded by the Secretary of State for Defence as a day on which the person was on sickness absence from duty; and

(b) which ends not more than 8 weeks before the first day of the period to which the claim for incapacity benefit relates.

(2) For the purpose of paragraph (1)(a) any two such periods not separated by a period of more than 8 weeks shall be treated as one period.]

Textual Amendments

F1 Reg. 7C inserted (5.5.2003) by The Social Security (Incapacity Benefit) (Her Majestys Forces) (Amendment) Regulations 2003 (S.I. 2003/1068), regs. 1, 2