Section 30A — Social Security Contributions and Benefits Act 1992: Incapacity benefit: entitlement.

Incapacity benefit: entitlement. 30A 1 Subject to the following provisions of this section, a person who satisfies a either of the conditions mentioned in subsection (2) below; or b if he satisfies neither of those conditions, each of the conditions mentioned in subsection (2A) below, is entitled to short-term incapacity benefit in respect of any day of incapacity for work (“ the relevant day ”) which forms part of a period of incapacity for work.

2 The conditions mentioned in subsection (1)(a) above are that—

a he is under pensionable age on the relevant day 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 or deceased civil partner , but for any such deferment or election. 2A The conditions mentioned in subsection (1)(b) above are that—

a he is aged 16 or over on the relevant day;

b he is under the age of 20 or, in prescribed cases, 25 on a day which forms part of the period of incapacity for work;

c he was incapable of work throughout a period of 196 consecutive days immediately preceding the relevant day, or an earlier day in the period of incapacity for work on which he was aged 16 or over;

d on the relevant day he satisfies the prescribed conditions as to residence in Great Britain, or as to presence there;

and e he is not, on that day, a person who is receiving full-time education.

3 A person is not entitled to short-term incapacity benefit under subsection (1)(a) above 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.

6 Regulations may provide that persons who have previously been entitled to incapacity benefit shall, in prescribed circumstances, be entitled to short-term incapacity benefit under subsection (1)(b) above notwithstanding that they do not satisfy the condition set out in paragraph (b) of subsection (2A) above.

7 Regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of paragraph (e) of that subsection.