An Act to provide for incapacity benefit in place of sickness benefit and invalidity benefit; to make provision as to the test of incapacity for work for the purposes of that benefit and other social security purposes; to make provision as to the rate of statutory sick pay; to make other amendments as to certain allowances payable to a person who is or has been incapable of work; and for connected purposes.
[5th July 1994]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Extent Information
E1Ss. 14, 16(1)(2)(4) extend to Northern Ireland, but otherwise Act does not extend there: see s. 16(4).
Modifications etc. (not altering text)
C1Act: excluded (13.4.1995) by S.I. 1995/310, reg. 16
Act: modified (E.W.S.) (8.9.1998) by 1998 c. 14, s. 2(1)(2)(e); S.I. 1998/2209, art. 2(a), Sch. Pt. I
Act: power to amend conferred (2.12.1999) by 1998 c. 47, s. 87(6)(h); S.I. 1999/3209, art. 2, Sch.
Commencement Information
I1Act partly in force at Royal Assent see s. 16(2)(3).
(1)In Part II of the M1Social Security Contributions and Benefits Act 1992 (contributory benefits), after section 30 insert—
(1)Subject to the following provisions of this section, a person who satisfies either of the following conditions is entitled to short-term incapacity benefit in respect of any day of incapacity for work which forms part of a period of incapacity for work.
(2)The conditions are that—
(a)he is under pensionable age on the day in question and satisfies the contribution conditions specified for short-term incapacity benefit in Schedule 3, Part I, paragraph 2; or
(b)on that day he is over pensionable age but not more than 5 years over that age, the period of incapacity for work began before he attained pensionable age, and—
(i)he would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below, or
(ii)he would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.
(3)A person is not entitled to short-term incapacity benefit for the first 3 days of any period of incapacity for work.
(4)In any period of incapacity for work a person is not entitled to short-term incapacity benefit for more than 364 days.
(5)Where a person ceases by virtue of subsection (4) above to be entitled to short-term incapacity benefit, he is entitled to long-term incapacity benefit in respect of any subsequent day of incapacity for work in the same period of incapacity for work on which he is not over pensionable age.”.
(2)In Schedule 3 to the M2Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to benefit), in the heading before paragraph 2 and in sub-paragraph (1) of that paragraph for “sickness benefit" substitute “ short-term incapacity benefit ”.
(1)In Part II of the M3Social Security Contributions and Benefits Act 1992, after section 30A (inserted by section 1 above), insert—
(1)The amount payable by way of incapacity benefit in respect of any day is 1/7th of the appropriate weekly rate.
(2)Subject to the following provisions of this section, the weekly rate of short-term incapacity benefit is the lower or higher rate specified in Schedule 4, Part I, paragraph 2.
The benefit is payable at the lower rate so specified for the first 196 days of entitlement in any period of incapacity for work and at the higher rate so specified thereafter.
(3)In the case of a person over pensionable age the weekly rate of short-term incapacity benefit is, subject to subsection (4) below, that at which the relevant retirement pension referred to in section 30A(2)(b) above would have been payable.
But in determining that rate any increase of the following descriptions shall be disregarded—
(a)any increase (for married women) under section 53(2) below or (for deferred retirement) under Schedule 5 to this Act;
(b)any increase (for dependants) under section 80, 83 or 85 below; and
(c)any increase (for Category A or Category B pensioners) under section 150 of the Administration Act (annual up-rating) of the sums mentioned in subsection (1)(e) of that section.
(4)In the case of a person who has been entitled to short-term incapacity benefit for 196 days or more in any period of incapacity for work and—
(a)is terminally ill, or
(b)he is entitled to the highest rate of the care component of disability living allowance,
the weekly rate of short-term incapacity benefit payable, if greater than the rate otherwise payable to him under subsection (2) or (3) above, shall be equal to the rate at which long-term incapacity benefit under section 30A above would be payable to him if he were entitled to it.
For the purposes of this subsection a person is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.
(5)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable to any person who has been entitled to that benefit for 196 days or more in a period of incapacity for work, notwithstanding that the rate of benefit is determined in accordance with subsection (3) or (4) above.
(6)Subject as follows, the weekly rate of long-term incapacity benefit under section 30A above is that specified in Schedule 4, Part I, paragraph 2A.
(7)Regulations may provide that if a person is, on the qualifying date in relation to a period of incapacity for work, under such age as may be prescribed, the rate of long-term incapacity benefit under section 30A above payable to him in respect of any day in that period shall be increased by such amount as may be prescribed.
For this purpose “the qualifying date” means the first day of the period of incapacity for work or such earlier day as may be prescribed.”.
(2)In Part I of Schedule 4 to the M4Social Security Contributions and Benefits Act 1992 (rates of benefit, &c.: contributory periodical benefits), for paragraph 2 (sickness benefit) substitute—
“2Short-term incapacity benefit.
(a)lower rate.................... £43.45
(b)higher rate.................... £52.50”;
and after that paragraph insert—
Long-term incapacity benefit.
.................... £57.60”.
(3)In section 150 of the M5Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (1) (sums to be reviewed) after paragraph (a) insert—
“(aa)specified in regulations under section 30B(7) of that Act;”;
and in subsection (3) (sums subject to mandatory up-rating), after “(a)(ii) or (iii)," insert “ (aa), ”.
(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)After section 86 of the M6Social Security Contributions and Benefits Act 1992 insert—
(1)The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3).
(2)Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.”.
(6)In Part IV of Schedule 4 to the M7Social Security Contributions and Benefits Act 1992 (rates of benefit, &c.: increases for dependants), after paragraph 1 insert—
| “1A. Short-term incapacity benefit— | ||
| (a) where the beneficiary is under pensionable age | 11.00 | 26.90 |
| (b) where the beneficiary is over pensionable age | 11.00 | 33.10” |
and for paragraph 2 substitute—
| “2. Long-term incapacity benefit | 11.00 | 34.50”. |
(7)Any order under section 150 of the Social Security Administration Act 1992 (up-rating orders) made by the Secretary of State before the commencement of this section shall include provision—
(a)making such increase (if any) in the sum specified in the provision inserted by subsection (2) above as the amount of short-term incapacity benefit at the higher rate as is necessary to make that sum equal to the higher rate or, if there is only one such rate, to the rate of statutory sick pay payable after the order comes into force; and
(b)making such increases in the other sums specified in the provisions inserted by subsections (2) and (6) above in Schedule 4 to the Social Security Contributions and Benefits Act 1992 as would have been required if the provisions in question had been in force at all material times.
Textual Amendments
F1S. 2(4) repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (subject to savings and transitional provisions in arts 3, 4)
Commencement Information
I2S. 2 wholly in force at 13.4.1995; s. 2 not in force at Royal Assent see s. 16(2)(3); s. 2(3)(7) in force at 18.11.1994 and s. 2(1)(5) in force for certain purposes at 18.11.1994 and in force insofar as not already in force at 13.4.1995 and s. 2(2)(4)(6) in force at 13.4.1995 by S.I. 1994/2926, art. 2(1)(2)(4)
Marginal Citations
(1)In Part II of the M8Social Security Contributions and Benefits Act 1992, after section 30B (inserted by section 2(1) above) insert—
(1)For the purposes of any provisions of this Act relating to incapacity benefit, subject to the following provisions and save as otherwise expressly provided—
(a)a day of incapacity for work means a day on which a person is incapable of work;
(b)a period of incapacity for work means a period of 4 or more consecutive days, each of which is a day of incapacity for work; and
(c)any two such periods not separated by a period of more than 8 weeks shall be treated as one period of incapacity for work.
(2)Any day which falls within the maternity allowance period (as defined in section 35(2) below) shall be treated for the purposes of any provision of this Act relating to incapacity benefit as a day of incapacity for work unless the woman is disqualified for receiving a maternity allowance for that day by virtue of regulations under section 35(3)(a) below.
(3)Regulations may make provision (subject to the preceding provisions of this section) as to the days which are or are not to be treated as days of incapacity for work for the purposes of any provision of this Act relating to incapacity benefit.
(4)The Secretary of State may by regulations provide—
(a)that paragraph (b) of subsection (1) above shall have effect as if the reference there to 4 consecutive days were to such lesser number of days, whether consecutive or not, within such period of consecutive days as may be prescribed; and
(b)that paragraph (c) of that subsection shall have effect as if for the reference to 8 weeks there were substituted a reference to such larger number of weeks as may be prescribed.
(5)Where—
(a)a person who is engaged and normally engaged in remunerative work ceases to be so engaged, and
(b)he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged, and
(c)he qualified for a disability working allowance for that week by virtue of the higher rate of short-term incapacity benefit, or long-term incapacity benefit under section 30A above, having been payable to him, and
(d)the first day after he ceases to be engaged as mentioned in paragraph (a) above is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such benefit,
any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for such benefit for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day of incapacity for work.
(6)Where—
(a)a person becomes engaged in training for work, and
(b)he was entitled to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit under section 30A above, for one or more of the 56 days immediately before he became so engaged, and
(c)the first day after he ceases to be so engaged is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such benefit,
any day since that day in which he was engaged in training for work shall be treated for the purposes of any claim for such benefit for a period commencing after he ceases to be so engaged as having been a day of incapacity for work.
In this subsection “training for work” means training for work in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or training of such other description as may be prescribed.
(7)For the purposes of this section “week” means any period of 7 days.
(1)The following provisions have effect in calculating for the purposes of—
(a)section 30A(4) above (length of entitlement to short-term incapacity benefit),
(b)section 30B(2) above (period after which short-term incapacity benefit is payable at higher rate),
(c)section 30B(4) above (period after which incapacity benefit is payable at long-term rate in case of terminal illness), and
(d)section 30B(5) above (construction of references to short-term incapacity benefit at the higher rate),
the number of days for which a person has been entitled to short-term incapacity benefit.
(2)There shall be included—
(a)the first three days of the period of incapacity for work, and
(b)in the case of a woman, any days for which she was entitled to maternity allowance.
(3)There shall also be included such days as may be prescribed in respect of which a person was entitled to statutory sick pay, and on the first of which he satisfied the contribution conditions for short-term incapacity benefit.
(4)There shall be excluded any days in respect of which a person was disqualified for receiving incapacity benefit.
(1)Where the net amount of councillor’s allowance to which a person is entitled in respect of any week exceeds such amount as may be prescribed, an amount equal to the excess shall be deducted from the amount of any incapacity benefit to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.
(2)In this section “councillor’s allowance” means—
(a)in England or Wales, an allowance under or by virtue of—
(i)section 173 or 177 of the Local Government Act 1972, or
(ii)a scheme made by virtue of section 18 of the Local Government and Housing Act 1989,
other than such an allowance as is mentioned in section 173(4) of the Local Government Act 1972, or
(b)in Scotland, an allowance under or by virtue of section 49 of the Local Government (Scotland) Act 1973 or a scheme made by virtue of section 18 of the Local Government and Housing Act 1989;
and where any such allowance is paid otherwise than weekly, an amount calculated or estimated in accordance with regulations shall be regarded as the weekly amount of the allowance.
(3)In subsection (1) above “net amount”, in relation to any councillor’s allowance to which a person is entitled, means the aggregate amount of the councillor’s allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question.”.
(2)In Schedule 3 to the M9Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to benefit), at the end of paragraph 2 (conditions for entitlement to short-term incapacity benefit) add—
“(7)Where a person makes a claim for incapacity benefit and does not satisfy the second contribution condition (specified in sub-paragraph (3) above) and, in a later benefit year in which he would satisfy that condition had no such claim been made, he makes a further claim for incapacity benefit, the previous claim shall be disregarded.”.
Commencement Information
I3S. 3 wholly in force at 13.4.1995; s. 3 not in force at Royal Assent see s. 16(2)(3); s. 3(1) in force at 18.11.1994 for certain purposes and insofar as not already in force at 13.4.1995 and s. 3(2) in force at 13.4.1995 by S.I. 1994/2926, art. 2(2)(4)
Marginal Citations
(1)The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient for the purposes of, or in connection with, the transition to incapacity benefit from sickness benefit and invalidity benefit.
Nothing in the following provisions of this section shall be construed as restricting the generality of that power.
(2)In this section—
“commencement” means the commencement of sections 1 to 3 above and the consequent repeal of the provisions of the M10Social Security Contributions and Benefits Act 1992 relating to sickness benefit and invalidity benefit; and
“prescribed” means prescribed by regulations under this section.
(3)Regulations under this section may provide that where a person was entitled to sickness benefit or invalidity benefit immediately before commencement any award of sickness benefit or invalidity benefit shall have effect after commencement, in accordance with the regulations and subject to such modifications as may be prescribed, as an award of incapacity benefit.
In the following provisions of this section such awards are referred to as “transitional awards” of incapacity benefit.
(4)The reference in subsection (3) above to a person who was entitled to sickness benefit or invalidity benefit includes a person who would have been so entitled but for being disqualified by virtue of regulations under section 32 or 59 of the M11Social Security Contributions and Benefits Act 1992; and regulations under this section may provide that any such disqualification shall have such corresponding effect as may be prescribed in relation to the transitional award.
(5)Regulations under this section may provide that a person’s entitlement under a transitional award of incapacity benefit shall, except as may be prescribed, be subject to satisfying the conditions of entitlement to incapacity benefit, and may in particular provide—
(a)for the determination in accordance with Part XIIA of the M12Social Security Contributions and Benefits Act 1992 of the question whether that person is incapable of work; and
(b)for the termination of his entitlement on his attaining pensionable age.
Excepted cases may be defined, in particular, by reference to the age of the person on commencement and whether he was receiving invalidity benefit on 1st December 1993 (the date of the announcement of the new scheme).
(6)Regulations under this section may provide—
(a)that days before commencement which were days of incapacity for work for the purposes of sickness benefit or invalidity benefit, and such other days as may be prescribed, shall be treated as having been days of incapacity for work for the purposes of incapacity benefit, and
(b)that days of entitlement to sickness benefit or invalidity benefit, and such other days as may be prescribed, shall be treated as having been days of entitlement to incapacity benefit.
Such provision may be made for the purposes of a transitional award of incapacity benefit or of enabling a claim for incapacity benefit to be made after commencement on the basis that a day of incapacity for work after commencement forms part of a period of incapacity for work beginning before commencement; and such cases are referred to in the following provisions of this section as “transitional cases”.
(7)Regulations under this section may provide—
(a)for the rate of short-term incapacity benefit under a transitional award to be increased, in such cases as may be prescribed, as if that benefit were sickness benefit and the provisions of Part IV of the M13Social Security Contributions and Benefits Act 1992 (increases for dependants) continued to apply to that benefit; and
(b)for the payment in transitional cases, in such circumstances as may be prescribed, of long-term incapacity benefit to persons over pensionable age.
(8)Regulations under this section may provide that in transitional cases the rate of short-term incapacity benefit at the higher rate or of long-term incapacity benefit shall be calculated—
(a)by reference to the rate of invalidity benefit, and of any relevant related allowance, addition or increase, paid or payable immediately before commencement, with such up-rating (if any) as may be provided for in accordance with the regulations (whether by applying the provisions of section 150 of the M14Social Security Administration Act 1992 or otherwise), and
(b)without any increase or addition which would otherwise be payable with incapacity benefit.
(9)If regulations make provision of the kind mentioned in subsection (8) above they may also make with respect to any additional pension element of incapacity benefit provision corresponding to any of the provisions in force before commencement with respect to the additional pension element of invalidity pension.
(10)Regulations under this section may provide, in relation to transitional cases where the rate of incapacity benefit falls to be calculated by reference to the rate of dependency allowance paid or payable before commencement, that any old saving provisions shall have effect subject to the regulations or shall cease to have effect in accordance with the regulations.
For the purposes of this subsection—
“dependency allowance” means an allowance of the kind provided for in Part IV of the M15Social Security Contributions and Benefits Act 1992, and
“old saving provisions” means provisions of any description, including administrative provisions, in connection with a previous change affecting entitlement to or the amount of dependency allowances, preserving a person’s position in any respect.
(11)Section 175(2) to (4) of the M16Social Security Contributions and Benefits Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by subsection (1) above as they apply in relation to a power conferred by that Act to make regulations.
(12)For the period of four years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
(13)A statutory instrument—
(a)which contains (whether alone or with other provisions) any regulations made under this section, and
(b)which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Marginal Citations
In the M17Social Security Contributions and Benefits Act 1992 (general provisions), after section 171 insert—
(1)For the purposes of this Act, save as otherwise expressly provided, whether a person is capable or incapable of work shall be determined in accordance with the provisions of this Part of this Act.
(2)Regulations may make provision as to—
(a)the information or evidence required for the purpose of determining whether a person is capable or incapable of work, and
(b)the manner in which that information or evidence is to be provided,
and may provide that if a person without good cause fails to provide that information or evidence, or to do so in the manner required, he shall be treated as capable of work.
(3)Regulations may provide that in any case where a question arises as to whether a person is capable of work—
(a)he may be called to attend for such medical examination as may be required in accordance with regulations, and
(b)if he fails without good cause to attend for or submit himself to such examination, he shall be treated as capable of work.
(4)Regulations may prescribe for the purposes of this section—
(a)matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission, or
(b)circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.
(1)Where a person has been engaged in remunerative work for more than 8 weeks in the 21 weeks immediately preceding the day with respect to which it falls to be determined whether he is or was incapable of work, the test applicable is the own occupation test.
(2)The own occupation test is whether he is incapable by reason of some specific disease or bodily or mental disablement of doing work which he could reasonably be expected to do in the course of the occupation in which he was so engaged.
(3)Where for any purpose of this Act it is determined in relation to a person—
(a)that the test applicable with respect to any day is the own occupation test, and
(b)that he is on that test incapable of work,
that test remains applicable in his case until the end of the spell of incapacity beginning with that day or, as the case may be, in which that day falls, or until the 197th day of incapacity for work in that spell, whichever is the earlier.
For this purpose a “spell of incapacity” means a series of 4 or more consecutive days of incapacity for work; and any two such spells not separated by a period of more than 8 weeks shall be treated as one spell of incapacity.
(4)For the purposes of subsection (3) above a day of incapacity for work means a day—
(a)with respect to which it has been determined for any purpose of this Act that the person in question was incapable of work, or
(b)in respect of which he was entitled to statutory sick pay, or
(c)in the case of a woman, which falls within the maternity allowance period, or
(d)which in accordance with regulations is to be treated for those purposes as a day of incapacity for work.
(5)Any provision of this Act apart from subsection (4) above under or by virtue of which a day is or is not to be treated for any purpose as a day of incapacity for work shall be disregarded for the purposes of this section.
(6)Provision may be made by regulations defining for the purposes of this section what is meant by “remunerative work".
The regulations may, in particular, provide—
(a)for “remunerative work" to be defined by reference to the number of hours worked per week; and
(b)for training of any prescribed description to be treated as if it were remunerative work.
(7)Provision may be made by regulations as to the application of this section in cases where a person engages in more than one occupation or in different kinds of work.
(8)The Secretary of State may by regulations provide that subsection (3) above shall have effect as if—
(a)the reference there to 4 consecutive days were to such lesser number of days, whether consecutive or not, within such period of consecutive days as may be prescribed; and
(b)for the reference to 8 weeks there were substituted a reference to such larger number of weeks as may be prescribed.
(1)Where in any case the own occupation test is not applicable, or has ceased to apply, the test applicable is the all work test.
(2)Provision shall be made by regulations—
(a)defining the all work test by reference to the extent of a person’s incapacity by reason of some specific disease or bodily or mental disablement to perform such activities as may be prescribed, and
(b)as to the manner of assessing whether the all work test is satisfied.
(3)Regulations may provide that where the all work test applies the test shall, if the prescribed conditions are met, be treated as satisfied until the person has been assessed or he falls to be treated as capable of work in accordance with regulations under section 171A(2) or (3) above or section 171E below.
The prescribed conditions may include the condition that it has not previously been determined, within such period as may be prescribed, that the person in question is or is to be treated as capable of work.”.
Commencement Information
I4S. 5 wholly in force at 13.4.1995; s. 5 not in force at Royal Assent see s. 16(2)(3); s. 5 in force for certain purposes at 18.11.1994 and insofar as not already in force at 13.4.1995 by S.I. 1994/2926, art. 2(2)
Marginal Citations
(1)In the M18Social Security Contributions and Benefits Act 1992, after the sections inserted by section 5 above, insert—
(1)Regulations may provide that a person shall be treated as capable of work, or as incapable of work, in such cases or circumstances as may be prescribed.
(2)Regulations may, in particular, provide that a person shall be treated as capable of work if he does work of a prescribed description, or more than the prescribed amount of work of a prescribed description.
Accordingly regulations may provide that a person shall not be treated as capable of work by reason only of his doing such work as may be prescribed, or no more than the prescribed amount of work of a prescribed description.
(1)Regulations may provide for disqualifying a person for receiving any benefit, allowance or other advantage under any provision for the purposes of which this Part of this Act applies, or, in such cases as may be prescribed, provide that a person shall be treated as capable of work, if—
(a)he has become incapable of work through his own misconduct;
(b)he fails without good cause to attend for or submit himself to such medical or other treatment as may be required in accordance with the regulations; or
(c)he fails without good cause to observe any prescribed rules of behaviour.
(2)Regulations shall provide that any such disqualification shall be, or as the case may be that the person shall be treated as capable of work, for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act.
(3)Regulations may prescribe for the purposes of this section—
(a)matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission, or
(b)circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission.
(1)In determining whether a person is capable or incapable of work, there shall be disregarded any work which that person has undertaken as a councillor.
(2)For this purpose “councillor” means—
(a)in relation to England and Wales, a member of a London borough council, a county council, a district council, a parish or community council, the Common Council of the City of London or the Council of the Isles of Scilly; and
(b)in relation to Scotland, a member of a regional, islands or district council.
(3)The reference in subsection (1) above to the work which a person undertakes as a councillor shall be taken to include any work which he undertakes as a member of any of the bodies referred to in section 177(1) of the Local Government Act 1972, or section 49(1) or (1A) of the Local Government (Scotland) Act 1973, of which he is a member by virtue of his being a councillor.
(4)In making any such determination as is mentioned in subsection (1) above a person shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which—
(a)would have been treated as a day on which he was so incapable, were there disregarded any work which he undertook (or was capable of undertaking) as a councillor; but
(b)would not have been so treated apart from this subsection.
The “pre-commencement period” means the period beginning with 11th May 1987 and ending immediately before 9th October 1989 (the coming into force of paragraph 2 of Schedule 8 to the Social Security Act 1989 which made provision corresponding to the provision made by this section).
(1)The provisions of this Part of this Act do not apply—
(a)for the purposes of Part V of this Act (benefit for industrial injuries: see section 94(6) above);
(b)for the purposes of Part XI of this Act (statutory sick pay: see section 151(4) above); or
(c)for such other purposes as may be prescribed.
(2)In this Part of this Act—
“prescribed” means specified in or determined in accordance with regulations; and
“week” means any period of 7 days.”.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the period of four years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations made under any of the following provisions shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House—
(a)in the M19Social Security Contributions and Benefits Act 1992—
section 171A(2), (3), or (4),
section 171B(4)(d), (6), (7) or (8),
section 171C(2) or (3),
section 171D,
section 171E(1), (2) or (3), or
section 171G(1)(c);
(b)in the M20Social Security Administration Act 1992, section 61A(2), (3) or (4).
Textual Amendments
F2S. 6(2) repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. (subject to transitional provisions in Schs. 21-23)
Commencement Information
I5S. 6 wholly in force at 13.4.1995; s. 6 not in force at Royal Assent see s. 16(2)(3); s. 6 in force for certain purposes at 18.11.1994 and insofar as not already in force at 13.4.1995 by S.I. 1994/2926, art. 2(2)
Marginal Citations
(1)The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient for the purposes of, or in connection with, the transition to the test of incapacity for work provided for by sections 5 and 6 above.
Nothing in the following provisions of this section shall be construed as restricting the generality of that power.
(2)In this section—
“commencement” means the commencement of those sections; and
“prescribed” means prescribed by regulations under this section.
(3)Regulations under this section may provide—
(a)that days of incapacity for work before commencement, and such other days as may be prescribed, shall be taken into account for the purposes of section 171B(3) of the M21Social Security Contributions and Benefits Act 1992 (period after which the all work test applies);
(b)that a person’s continued enjoyment after commencement of any allowance or other advantage under any provision for the purposes of which Part XIIA of the Social Security Contributions and Benefits Act 1992 applies shall, except as may be prescribed, be subject to satisfying the test of incapacity for work under that Part; and
(c)for the determination in accordance with that Part of the question whether the person is incapable of work.
(4)Section 175(2) to (4) of the Social Security Contributions and Benefits Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by subsection (1) above as they apply in relation to a power conferred by that Act to make regulations.
(5)For the period of four years from Royal Assent a statutory instrument which contains (whether alone or with other provisions) any regulations under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
(6)A statutory instrument—
(a)which contains (whether alone or with other provisions) any regulations made under this section, and
(b)which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)In section 157(1) of the Social Security Contributions and Benefits Act 1992 (statutory sick pay: rates of payment), for the words following “at the weekly rate of" substitute “ £52.50 ”.
(2)Any order under section 150 of the M22Social Security Administration Act 1992 (up-rating orders) made by the Secretary of State before the commencement of this section shall include provision making such increase (if any) in the sum specified in the amendment made by subsection (1) above as the amount of statutory sick pay as is necessary to make that sum equal to the higher rate of statutory sick pay payable after the order comes into force.
(3)In subsection (2) of section 157 of the Social Security Contributions and Benefits Act 1992 (power to make provision by order as to rates of payment, &c.), for paragraph (a) substitute—
“(a)amend subsection (1) above so as to substitute different provision as to the weekly rate or rates of statutory sick pay; and”.
(4)In sections 155(4) and 158(2)(b) of that Act for “the appropriate weekly rate set out in" substitute “ the weekly rate applicable in accordance with ”.
Commencement Information
I6S. 8 wholly in force at 6.4.1995; s. 8 not in force at Royal Assent see s. 16(2)(3); S. 8(2) in force at 18.11.1994 and s. 8(1)(3)(4) in force at 6.4.1995 by S.I. 1994/2926, art. 2(1)(3)
Marginal Citations
F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In section 150 of the M23Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (3) (sums subject to mandatory up-rating), in paragraph (a) for “paragraph 1, 2, 4, 5 or 6 of Part III" substitute “ paragraphs 1 to 6 of Part III ”.
Textual Amendments
F3S. 9(1)-(3) repealed (3.11.2000 for specified purposes, otherwise 6.4.2001) by 1999 c. 30, s. 88, Sch. 13 Pt. IV; S.I. 2000/2958, arts. 2(3)(g)(4)(5) (with art. 4)
Commencement Information
I7S. 9 wholly in force at 13.4.1995; s. 9 not in force at Royal Assent see s. 16(2)(3); s. 9(4) in force at 18.11.1994 and s. 9(1)(2)(3) in force for certain purposes at 18.11.1994 and insofar as not already in force at (13.4.1994) by S.I. 1994/2926, art. 2(1)
Marginal Citations
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 10 repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (subject to savings and transitional provisions in arts 3, 4)
(1)The enactments mentioned in Schedule 1 have effect subject to the amendments specified there which are consequential on the provisions of this Act.
Part I contains amendments of the M24Social Security Contributions and Benefits Act 1992; and
Part II contains amendments of the M25Social Security Administration Act 1992 and certain other enactments.
(2)The enactments mentioned in Schedule 2 are repealed to the extent specified.
Modifications etc. (not altering text)
C2S. 11 restricted (13.4.1995) by S.I. 1995/310, reg. 23
Marginal Citations
(1)The Secretary of State may by regulations make such transitional provision, and such consequential provision or savings, as appear to him to be necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.
(2)The power conferred by subsection (1) above is not exercisable in respect of any matter for which provision may be made under section 4 (power to provide for transition to incapacity benefit) or section 7 (power to provide for the transition to new test of incapacity for work).
(3)Section 175(2) to (4) of the M26Social Security Contributions and Benefits Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by subsection (1) above as they apply in relation to a power conferred by that Act to make regulations.
(4)A statutory instrument—
(a)which contains (whether alone or with other provisions) any regulations made under this section, and
(b)which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)The amendments of the M27Social Security Contributions and Benefits Act 1992 made by this Act shall be treated as repealing and re-enacting with modifications the provisions of that Act relating to incapacity for work, so that, subject to any amendment, repeal or revocation—
(a)any reference in any enactment to any such provision shall be construed as a reference to the corresponding new provision or, as the case may be, to the provision as amended by this Act; and
(b)subordinate legislation made under any such provision—
(i)shall continue in force and have effect as if made under the corresponding new provision or, as the case may be, the provision as amended by this Act, and
(ii)shall be construed as if originally so made.
(2)In any enactment, subject to any amendment—
(a)any reference to sickness benefit shall be construed as a reference to short-term incapacity benefit at the lower rate, and
(b)any reference to invalidity benefit or invalidity pension shall be construed as a reference to short-term incapacity benefit at the higher rate or long-term incapacity benefit.
(3)In this section “enactment” includes an enactment contained in subordinate legislation, and “subordinate legislation” has the meaning given by section 21(1) of the M28Interpretation Act 1978.
Modifications etc. (not altering text)
C3S. 13(2) excluded (13.4.1995) by S.I. 1995/829, reg. 25
Marginal Citations
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M29Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Marginal Citations
There shall be paid out of money provided by Parliament—
(a)any expenses incurred by a Minister of the Crown in consequence of this Act; and
(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(1)This Act may be cited as the Social Security (Incapacity for Work) Act 1994.
(2)The following provisions of this Act come into force on Royal Assent—
section 14 (corresponding provision for Northern Ireland),
section 15 (expenses), and
this section.
(3)The other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions and for different purposes.
(4)Section 14 above, subsections (1) and (2) above and this subsection extend to Northern Ireland, but otherwise this Act does not extend there.
Extent Information
E2S. 16(1)(2)(4) extend to Northern Ireland; s. 16(3) does not extend there: see s. 16(4).
Subordinate Legislation Made
P1S. 16(3) power partly exercised (17.11.1994): different dates appointed for specified provisions by S.I. 1994/2926, art. 2
Section 11(1).
1E+W+SIn section 4 of the M30Social Security Contributions and Benefits Act 1992 (payments treated as remuneration and earnings), in subsection (3) (meaning of “sickness payment") omit the words “within the meaning of section 57 below".
2(1)Section 20 of the M31Social Security Contributions and Benefits Act 1992 (descriptions of contributory benefits) is amended as follows.E+W+S
(2)In subsection (1) (list of benefits), for paragraphs (b) and (c) substitute—
“(b)incapacity benefit, comprising—
(i)short-term incapacity benefit, and
(ii)long-term incapacity benefit;”.
(3)In subsection (2)—
(a)in the definition of “long-term benefit" for paragraph (a) substitute—
“(a)long-term incapacity benefit;”;
(b)in the definition of “short-term benefit" for paragraph (b) substitute—
“(b)short-term incapacity benefit; and”.
3(1)Section 21 of the M32Social Security Contributions and Benefits Act 1992 (contribution conditions) is amended as follows.E+W+S
(2)In subsection (1) (benefits which are subject to contribution conditions being satisfied) for “other than invalidity benefit" substitute “ other than long-term incapacity benefit under section 30A below or short-term or long-term incapacity benefit under section 40 or 41 below ”.
(3)In subsection (2), in the first part of the table (classes of contributions relevant in relation to benefits), for “Sickness benefit" substitute “ Short-term incapacity benefit under section 30A below ”.
F54E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1 para. 4 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F65E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 1 para. 5 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F76E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 1 para. 6 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
7E+W+SOmit sections 31 to 34 of the M33Social Security Contributions and Benefits Act 1992 (sickness benefit and invalidity benefit).
8E+W+SFor section 40 of the M34Social Security Contributions and Benefits Act 1992 (invalidity pension for widows) substitute—
(1)Subject to subsection (2) below, this section applies to a woman who—
(a)on her late husband’s death is not entitled to a widowed mother’s allowance or subsequently ceases to be entitled to such an allowance;
(b)is incapable of work at the time when he dies or when she subsequently ceases to be so entitled;
(c)either—
(i)would have been entitled to a widow’s pension if she had been over the age of 45 when her husband died or when she ceased to be entitled to a widowed mother’s allowance; or
(ii)is entitled to such a pension with a reduction under section 39(4) above; and
(d)is not entitled to incapacity benefit apart from this section.
(2)This section does not apply to a woman unless—
(a)her husband died after 5th April 1979; or
(b)she ceased to be entitled to a widowed mother’s allowance after that date (whenever her husband died).
(3)A woman to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(4)A woman to whom this section applies who is not entitled to long-term incapacity benefit under subsection (3) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance, and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a woman is terminally ill if she suffers from a progressive disease and her death in consequence of that disease can reasonably be expected within 6 months.
(5)The weekly rate of incapacity benefit payable under this section is—
(a)if the woman is not entitled to a widow’s pension, that which would apply if she were entitled to long-term incapacity benefit under section 30A above; and
(b)if she is entitled to a widow’s pension with a reduction under section 39(4) above, the difference between the weekly rate of that pension and the weekly rate referred to in paragraph (a) above.
(6)A woman is not entitled to incapacity benefit under this section if she is over pensionable age; but if she has attained pensionable age and the period of incapacity for work mentioned in subsection (3)(a) or (4)(a) above did not terminate before she attained that age—
(a)she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension, and
(b)the weekly rate of the Category A retirement pension to which she is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(7)Where a woman entitled to short-term incapacity benefit under subsection (4) above attains pensionable age and defers her entitlement to a Category A pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(8)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (4) above.”.
9E+W+SFor section 41 of the M35Social Security Contributions and Benefits Act 1992 (invalidity pension for widowers) substitute—
(1)This section applies to a man whose wife has died on or after 6th April 1979 and who either—
(a)was incapable of work at the time when she died, or
(b)becomes incapable of work within the prescribed period after that time,
and is not entitled to incapacity benefit apart from this section.
(2)A man to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time, and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(3)A man to whom this section applies who is not entitled to long-term incapacity benefit under subsection (2) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time, and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a man is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.
(4)The weekly rate of incapacity benefit payable under this section is that which would apply if he were entitled to long-term incapacity benefit under section 30A above.
(5)A man is not entitled to incapacity benefit under this section if he is over pensionable age; but if he has attained pensionable age, and the period of incapacity for work mentioned in subsection (2)(a) or (3)(a) above did not terminate before he attained that age—
(a)he shall, if not otherwise entitled to a Category A retirement pension and also not entitled to a Category B retirement pension by virtue of section 51 below, be entitled to a Category A retirement pension; and
(b)the weekly rate of the Category A retirement pension to which he is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(6)Where a man entitled to short-term incapacity benefit under subsection (3) above attains pensionable age and defers his entitlement to a Category A pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(7)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (3) above.”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F811E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 1 para. 11 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)
12E+W+SIn section 46 of the M37Social Security Contributions and Benefits Act 1992 (modifications of section 45 for calculating additional pension in certain cases), omit—
(a)subsection (1); and
(b)in subsection (2), the words “or 41(4)".
13E+W+SIn section 47 of the M38Social Security Contributions and Benefits Act 1992 (increase of Category A retirement pension for invalidity), in subsections (1) and (5) for “invalidity allowance" substitute “ age addition to long-term incapacity benefit by virtue of regulations under section 30B(7) above ”.
Modifications etc. (not altering text)
C4Sch. 1 para. 13 restricted (13.4.1995) by S.I. 1995/310, reg. 23
Marginal Citations
14E+W+SOmit section 57 of the M39Social Security Contributions and Benefits Act 1992 (determination of days for which benefit is payable).
15E+W+SOmit section 58 of the M40Social Security Contributions and Benefits Act 1992 (incapacity for work: work as councillor to be disregarded).
16E+W+SOmit section 59 of the M41Social Security Contributions and Benefits Act 1992 (invalidity benefit: disqualifications, &c.).
17(1)Section 61 of the M42Social Security Contributions and Benefits Act 1992 (exclusion of increase of benefit in case of failure to satisfy contribution conditions) is amended as follows.E+W+S
(2)In subsection (2) for paragraph (b) substitute—
“(b)to short-term incapacity benefit at a rate determined under section 30B(3) above.”.
(3)In the same subsection omit—
(a)paragraph (c) and the word “or" preceding it; and
(b)the words “or invalidity pension" (twice).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
Textual Amendments
F9Sch. 1 para. 18 repealed (3.11.2000 for specified purposes, otherwise 6.4.2001) by 1999 c. 30, s. 88, Sch. 13 Pt. IV; S.I. 2000/2958, art. arts. 2(3)(g)(4)(5) (with art. 4)
F1019E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 1 para. 19 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F1120E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 1 para. 20 repealed (19.7.1995 with effect on or after 6.4.2010 in accordance with Sch. 4 paras. 19, 20 of the repealing Act) by 1995 c. 26, ss. 177, 126, Sch. 7 Pt. II Note; and Sch. 1 para. 20 also expressed to be repealed (26.9.2007 with effect on 6.4.2010 in accordance with s. 27(4)(b) of the repealing Act) by Pensions Act 2007 (c. 22), ss. 27(2), 30(3), Sch. 7 Pt. 2 (with s. 4(5))
F1221E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 1 para. 21 repealed (19.7.1995 with effect on or after 6.4.2010 in accordance with Sch. 4 paras. 19, 20 of the repealing Act) by 1995 c. 26, s. 177, Sch. 7 Pt. II Note; and Sch. 1 para. 21 also expressed to be repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
22E+W+SF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 1 para. 20 repealed (26.9.2007 with effect on 6.4.2010 in accordance with s. 27(4)(b) of the repealing Act) by Pensions Act 2007 (c. 22), ss. 27(2), 30, Sch. 7 Pt. 2 (with s. 4(5))
23E+W+SOmit section 86 of the M43Social Security Contributions and Benefits Act 1992 (increase of wife’s invalidity pension for dependent husband).
24(1)Section 87 of the M44Social Security Contributions and Benefits Act 1992 (rate of increase where associated retirement pension is attributable to reduced contributions) is amended as follows.E+W+S
F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the words in subsection (1) following paragraph (b) substitute— “ the amount of any increase of the benefit attributable to sections 82 to 86A above shall be determined in accordance with regulations under this section. ”.
Textual Amendments
F14Sch. 1 para. 24(2)(3) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
25E+W+SFor section 88 of the M45Social Security Contributions and Benefits Act 1992 (pension increases to be in respect of only one adult dependant) substitute—
A person shall not under or by virtue of sections 83 to 86A above be entitled for the same period to an increase of benefit in respect of more than one person.”.
26E+W+SIn section 89 of the M46Social Security Contributions and Benefits Act 1992 (references to earnings to include occupational and personal pensions) for “sections 82 to 86 above" substitute “ sections 82 to 86A above, and in regulations under section 86A above, ”.
27E+W+SIn section 91(1) of the M47Social Security Contributions and Benefits Act 1992 (effect of trade disputes on entitlement to increases: increases to which section applies), in paragraph (a) for “under sections 82 to 88 above" substitute “ under or by virtue of sections 82 to 88 above ”.
28E+W+SIn section 93 of the M48Social Security Contributions and Benefits Act 1992 (dependency increases on termination of employment after period of entitlement to disability working allowance)—
(a)for paragraph (a) substitute—
“(a)a person becomes entitled—
(i)to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above, or
(ii)to severe disablement allowance by virtue of section 68(10) or (10A) above; and”;
(b)in paragraph (b) and the closing words for “pension or" (four times) substitute “ benefit or ”.
29E+W+SOmit section 102 of the M49Social Security Contributions and Benefits Act 1992 (sickness benefit in respect of industrial injury).
F1530E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 1 para. 30 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
31E+W+SIn section 126(1) of the M50Social Security Contributions and Benefits Act 1992 (income support: trade disputes), in the closing words, omit “by reason of disease or bodily or mental disablement".
32E+W+SF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 1 para. 32 repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (subject to savings and transitional provisions in arts 3, 4)
33E+W+SIn section 150(1) of the M51Social Security Contributions and Benefits Act 1992 (qualifying benefits for purposes of Christmas bonus for pensioners), for paragraph (b) substitute—
“(b)long-term incapacity benefit;”.
34E+W+SIn section 151(4) of the M52Social Security Contributions and Benefits Act 1992 (employer’s liability to pay statutory sick pay: days to be treated as days of incapacity for work), for the words from “a day shall not be treated as a day" to “unless on that day" substitute “ a day of incapacity for work in relation to a contract of service means a day on which ”.
F1735E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 1 para. 35 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F1836E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 1 para. 36 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F1937E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 1 para. 37 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
38(1)Schedule 3 to the M53Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to benefit) is amended as follows.E+W+S
(2)In paragraph 2(6)(b) (meaning of “relevant benefit year" for purposes of contribution conditions for short-term incapacity benefit), for “period of interruption of employment" substitute “ period of incapacity for work ”.
(3)In paragraph 5(6) (widowed mother’s allowance, widow’s pension and Category A and B retirement pensions), for “an invalidity pension" substitute “ long-term incapacity benefit ”.
(4)In paragraph 8 (persons deemed to satisfy contribution conditions by virtue of entitlement to another short-term benefit) for “sickness benefit" (twice) substitute “ short-term incapacity benefit ”.
39E+W+SIn Schedule 4 to the M54Social Security Contributions and Benefits Act 1992 (rates of benefit, &c.)—
(a)in Part I (contributory periodical benefits), omit paragraph 3; and
F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 1 para. 39(b) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
40E+W+SF21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 1 para. 40 repealed (6.4.2012) by Pensions Act 2011 (c. 19), ss. 2(6), 38(4), Sch. 2 para. 4(a) (with s. 2(8)); S.I. 2011/3034, art. 4(c)(e)(f)(iv)
41(1)Schedule 7 to the M55Social Security Contributions and Benefits Act 1992 (industrial injuries benefits) is amended as follows.E+W+S
(2)In paragraph 3 (restriction on increase of unemployability supplement)—
(a)in sub-paragraph (2) omit “or an invalidity pension"; and
(b)in sub-paragraph (3) omit “or invalidity pension".
F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 1 para. 41(3) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
42E+W+SIn Part I of Schedule 8 to the M56Social Security Contributions and Benefits Act 1992 (workmen’s compensation and industrial diseases benefit in respect of employment before 5th July 1948: nature and amount of benefit under industrial diseases benefit schemes), in paragraph 6(4)(d)—
(a)for “section 82" substitute “ section 86A ”; and
(b)for “sickness benefit" substitute “ short-term incapacity benefit ”.
43(1)Schedule 11 to the M57Social Security Contributions and Benefits Act 1992 (circumstances in which entitlement to statutory sick pay does not arise) is amended as follows.E+W+S
(2)In paragraph 2, for sub-paragraphs (d) and (e) substitute—
“(d)in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—
(i)he was entitled to incapacity benefit (or would have been so entitled had he satisfied the contribution conditions mentioned in section 30A(2)(a) above), or
(ii)she was entitled to a maternity allowance, or
(iii)he was entitled to a severe disablement allowance;”.
(3)Omit paragraph 5.
44(1)Schedule 12 to the M58Social Security Contributions and Benefits Act 1992 (relationship of statutory sick pay with benefits and other payments, &c.) is amended as follows.E+W+S
(2)In paragraph 1 (day of entitlement to statutory sick pay not to count as day of incapacity for work for certain purposes), after “period of interruption of employment" insert “ for the purposes of unemployment benefit or a period of incapacity for work for the purposes of incapacity benefit ”.
(3)For paragraphs 3 and 4 (sickness benefit) substitute—
3(1)This paragraph and paragraph 4 below have effect to exclude, where a period of entitlement as between an employee and an employer of his comes to an end, the provisions by virtue of which short-term incapacity benefit is not paid for the first three days.
(2)If the first day immediately following the day on which the period of entitlement came to an end—
(a)is a day of incapacity for work in relation to that employee, and
(b)is not a day in relation to which paragraph 1 above applies by reason of any entitlement as between the employee and another employer,
that day shall, except in prescribed cases, be or form part of a period of incapacity for work notwithstanding section 30C(1)(b) above (by virtue of which a period of incapacity for work must be at least 4 days long).
(3)Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day to which paragraphs (a) and (b) of sub-paragraph (2) above apply, that sub-paragraph has effect in relation to the second day or, as the case may be, in relation to the second and third days, as it has effect in relation to the first.
4(1)Where a period of entitlement as between an employee and an employer of his comes to an end, section 30A(3) above (exclusion of benefit for first 3 days of period) does not apply in relation to any day which—
(a)is or forms part of a period of incapacity for work (whether by virtue of paragraph 3 above or otherwise), and
(b)falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.
(2)Where sub-paragraph (1) above applies in relation to a day, section 30A(3) above does not apply in relation to any later day in the same period of incapacity for work.”.
(4)For paragraph 5 substitute—
5Paragraph 1 above does not apply for the purpose of determining whether the conditions specified in section 40(3) or (4) or section 41(2) or (3) above are satisfied.”.
45(1)Schedule 13 to the M59Social Security Contributions and Benefits Act 1992 (relationship between statutory maternity pay and other benefits) is amended as follows.E+W+S
F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For paragraph 2 (invalidity) substitute—
2(1)Regulations may provide that in prescribed circumstances a day which falls within the ma ternity pay period shall be treated as a day of incapacity for work for the purpose of determin ing entitlement to the higher rate of short-term incapacity benefit or to long-term incapacity benefit.
(2)Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from any such benefit in respect of the same period and a woman shall be entitled to such benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.”.
Textual Amendments
F23Sch. 1 para. 45(2) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
F2446E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 1 para. 46 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)
F2547E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Sch. 1 para. 47 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3 and expressed to be repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)
F2648E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 1 para. 48 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)
49E+W+SIn section 130 of the Social Security Administration Act 1992 (duties of employers: statutory sick pay and claims for other benefits), in subsection (1) (claims for purposes of which information may be required)—
(a)for paragraph (a) substitute—
“(a)short-term incapacity benefit;”; and
(b)for paragraph (c) substitute—
“(c) long-term incapacity benefit;”.
50E+W+SIn section 132 of the Social Security Administration Act 1992 (duties of employers: statutory maternity pay and claims for other benefits), in subsection (1) (claims for purposes of which information may be required)—
(a)in paragraph (b) for “sickness benefit" substitute “ short-term incapacity benefit ”; and
(b)in paragraph (c) for “invalidity pension under section 33" substitute “ long-term incapacity benefit under section 30A ”.
51E+W+SIn section 170 of the Social Security Administration Act 1992 (Social Security Advisory Committee) in the definition of “relevant enactments" in subsection (5), for “and this Act" substitute “ , this Act and the Social Security (Incapacity for Work) Act 1994 ”.
52E+W+SIn section 191 of the Social Security Administration Act 1992 (interpretation: general), omit the definition of “invalidity benefit".
53E+W+SIn Schedule 2 to the Social Security Administration Act 1992 (supplementary provisions with respect to tribunals, &c.), in paragraph 7(2) (persons to whom remuneration and travelling and other allowances may be paid), after paragraph (a) insert—
“(aa)a person appointed as medical assessor to a social security appeal tribunal under regulations under section 61A(4) above; and”.
F2754E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 1 Pt. II para. 54 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
55E+W+SIn section 24(4) of the Criminal Justice Act 1991 (recovery of fines, &c. by deduction from income support: interpretation), in the definition of “income support" for “sickness or invalidity" substitute “or incapacity".
56(1)Section 46 of the Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pensions on payment of social security benefits) is amended as follows.E+W+S
(2)In subsection (1), for “, a widow’s pension or a widower’s invalidity pension" substitute “ or a widow’s pension ”.
(3)Omit subsection (2).
(4)For subsection (3) substitute—
“(3)Where for any period—
(a)a person is entitled to one or more guaranteed minimum pensions; and
(b)he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits Act 1992,
for that period an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions shall be deducted from any increase payable under regulations under section 30B(7) of that Act and he shall be entitled to such an increase only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.”.
(5)In subsection (6), omit paragraph (b)(i).
(6)In subsection (8), omit paragraph (a) and the word “and" immediately following it.
(7)Omit subsection (9).
57E+W+SIn section 47(1) of the Pension Schemes Act 1993 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 46), omit the words from “in any case" to “construed".
58E+W+SIn section 48(2) of the Pension Schemes Act 1993 (reduced benefits where minimum payments or minimum contributions paid), for “sections 34(4) and" substitute “ section ”.
Section 11(2).
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1992 c. 4. | Social Security Contributions and Benefits Act 1992. | In section 4(3), the words “within the meaning of section 57 below". |
| Sections 31 to 34. | ||
| In section 46— | ||
| (a) subsection (1); | ||
| (b) in subsection (2) the words “or 41(4)" | ||
| Sections 57 to 59. | ||
| In section 61(2)— | ||
| (a) paragraph (c) and the word “or" preceding it; | ||
| (b) the words “or invalidity pension" (twice). | ||
| F28. . . | ||
| 1992 c. 4—cont. | Social Security Contributions and Benefits Act 1992—cont. | In section 82(1) and (2)(a), the words “or sickness benefit". |
| Section 83(1)(b). | ||
| Section 85(1)(c). | ||
| Section 86. | ||
| In section 87— | ||
| (a) in subsection (1)(a), sub-paragraph (iii); | ||
| (b) in subsection (1)(b), the words immediately following subsection (1)(b) and subsection (2), the words “or invalidity pension". | ||
| Section 102. | ||
| In section 126(1), in the closing words, the words “by reason of disease or bodily or mental disablement". | ||
| In section 163(1), in the definition of “period of interruption of employment", the words “sickness benefit and invalidity benefit". | ||
| In section 176(1)— | ||
| (a) in paragraph (a), the words “section 32(2)" and “section 59(2)"; | ||
| (b) in paragraph (c), the words “section 57(8)". | ||
| In Schedule 4, in Part I, paragraph 3. | ||
| In Schedule 4, in Part IV, in paragraph 1— | ||
| (a) the words “or sickness"; | ||
| (b) sub-paragraphs (c) and (d). | ||
| In Schedule 7— | ||
| (a) in paragraph 3(2), the words “or an invalidity pension"; | ||
| (b) in paragraph 3(3), the words “or invalidity pension"; | ||
| (c) in paragraph 13(10), the words “, sickness benefit or invalidity benefit". | ||
| In Schedule 11, paragraph 5. | ||
| 1992 c. 5. | Social Security Administration Act 1992. | In section 191, the definition of “invalidity benefit". |
| 1993 c. 48. | Pension Schemes Act 1993. | In section 46— |
| (a) subsection (2); | ||
| (b) subsection 6(b)(i); | ||
| (c) subsection 8(a) and the word “and" immediately following it; | ||
| (d) subsection (9). | ||
| In section 47(1), the words from “in any case" to “construed". |
Textual Amendments
F28Sch. 2: entry repealed (3.11.2000 for specified purposes, otherwise 6.4.2001) by 1999 c. 30, s. 88, Sch. 13 Pt. IV; S.I. 2000/2958, art. 2(3)(g)(4)(5) (with art. 4)