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5. For regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994(1) (limit of earnings from councillor’s allowance) substitute—
“8.—(1) For the purpose of section 30E(1) of the Contributions and Benefits Act (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16 x National Minimum Wage, subject to paragraph (3).
(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).
(3) Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of–
(a)less than 50p, that amount shall be rounded up to the nearest 50p; or
(b)less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.
S.I. 1994/2946. Regulation 8 was most recently amended by regulation 3 of S.I. 2010/2126.
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