Office of Public Sector Information
SCHEDULE 1 continued PART I continued
(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”.
39 In Schedule 4 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (rates of benefit, &c.)—
(a) in Part I (contributory periodical benefits), omit paragraph 3; and
(b) in Part IV (increases for dependants), in paragraph 1 omit “or sickness” and sub-paragraphs (c) and (d).
40 In Schedule 5 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (increase of pension where entitlement is deferred), in paragraph 7(1)(a) for “under section 150(1)(e)” substitute “by virtue of section 150(1)(e)”.
41 (1) Schedule 7 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (industrial injuries benefits) is amended as follows.
(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”.
(3) In paragraph 13(10) (retirement allowance: meaning of “day of interruption of employment”) omit “, sickness benefit or invalidity benefit”.
42 In Part I of Schedule 8 to the [1992 c. 4.] Social 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 [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (circumstances in which entitlement to statutory sick pay does not arise) is amended as follows.
(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 [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (relationship of statutory sick pay with benefits and other payments, &c.) is amended as follows.
(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—
5 Paragraph 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 [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (relationship between statutory maternity pay and other benefits) is amended as follows.
(2) For paragraph 1 (the general principle) substitute—
“1 xcept as may be prescribed, a day which falls within the maternity pay period shall not be treated for the purposes of this Act—
(a) as a day of unemployment for the purpose of determining whether it forms part of a period of interruption of work, or
(b) as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.”.
(3) For paragraph 2 (invalidity) substitute—
2 (1) Regulations may provide that in prescribed circumstances a day which falls within the maternity pay period shall be treated as a day of incapacity for work for the purpose of determining 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.”.
46 In section 20(1) of the Social Security Administration Act 1992 (questions to be submitted to adjudication officer), for paragraph (c) (disqualification) substitute—
“(c) any question whether, if he otherwise had a right to it, a person would be disqualified under or by virtue of any provision of the Contributions and Benefits Act for receiving a benefit to which this section applies.”.
47 In section 25(1)(e) of the Social Security Administration Act 1992 (review of decisions) for “57(4) or (5)” substitute “25A(4) or (5)”.
48 In section 27(2) of the Social Security Administration Act 1992 (supplementary provisions as to review: payments not to be affected), in paragraph (a) for “invalidity pension” substitute “incapacity benefit”.
49 In 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;”.
50 In 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”.
51 In 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”.
52 In section 191 of the Social Security Administration Act 1992 (interpretation: general), omit the definition of “invalidity benefit”.
53 In 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”.
54 In paragraph 4(1)(b) of Schedule 3 to the Employment Protection (Consolidation) Act 1978 (rights of employee in period of notice: sickness or industrial injury benefit), for “sickness benefit” substitute “short-term incapacity benefit”.
55 In 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.
(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).
57 In 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”.
58 In 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”.
Social Security (Incapacity for Work) Act 1994