Section 171F — Social Security Contributions and Benefits Act 1992: Incapacity for work: work as councillor to be disregarded.

Incapacity for work: work as councillor to be disregarded. 171F 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 or county borough 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).