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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Social Security (Incapacity Benefit) (Her Majesty's Forces) (Amendment) Regulations 2003 No. 1068 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031068.html

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" Inclusion of days of sickness absence from duty before discharge from Her Majesty's forces in calculating days of entitlement to incapacity benefit
     7C.  - (1) For the purpose of section 30D(3A) of the Contributions and Benefits Act (days to be included in respect of person discharged from Her Majesty's forces after 3rd May 2003 when calculating the number of days for which the person has been entitled to short-term incapacity benefit) there is prescribed any day which falls within a period - 


(a) of 4 or more consecutive days each of which is a day which is recorded by the Secretary of State for Defence as a day on which the person was on sickness absence from duty; and

(b) which ends not more than 8 weeks before the first day of the period to which the claim for incapacity benefit relates.



    (2) For the purpose of paragraph (1)(a) any two such periods not separated by a period of more than 8 weeks shall be treated as one period.".

Signed by authority of the Secretary of State for Work and Pensions.


Malcolm Wicks
Parliamentary Under-Secretary of State, Department for Work and Pensions

10th April 2003

[2] See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).back

[3] S.I. 1994/2946. Relevant amending instrument is S.I. 2002/2690.back

 

© Crown copyright 2003

Prepared 14 April 2003