The Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment (No. 2) Regulations 1988

• Citation: S.I. 1988/1674
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment (No. 2) Regulations 1988 and shall come into force on 7th November 1988.

(2) In these Regulations,“the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .

Section 2 Amendment of regulation 5 of the principal Regulations

In regulation 5(1) of the principal Regulations for the word“unemployment” where it appears for the second time there shall be substituted the word“employment”.

Section 3 Amendment of regulation 7 of the principal Regulations

(1) Regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work) shall be amended in accordance with the following paragraphs of this regulation.

(2) For sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph—

(b) a day shall not be treated as a day of unemployment in relation to a person if it is a day in respect of which that person—

(i) is disqualified for receiving unemployment benefit; or

(ii) has made no claim for unemployment benefit; or

(iii) has made a claim for unemployment benefit but not within the prescribed time and good cause for the delay is not shown; or

(iv) as made a claim for unemployment benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 165A(2) of the Act (no entitlement to benefit in respect of any period more than 12 months before the date on which a claim is made);

(3) For sub-paragraph (c) of paragraph (1) there shall be substituted the following sub-paragraph—

(c) a day shall not be treated as a day of incapacity for work in relation to a person if it is a day in respect of which that person—

(i) is disqualified for receiving sickness or invalidity benefit; or

(ii) as made no claim for sickness or invalidity benefit; or

(iii) as made a claim for sickness or invalidity benefit but not within the prescribed time and good cause for the delay is not shown; or

(iv) as made a claim for sickness or invalidity benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 165A(2) of the Act;

(4) In head (iii) of paragraph (1)(k), before the words“an amount specified” there shall be inserted the words“subject to paragraph (4)”.

(5) After paragraph (3) there shall be added the following paragraph—

(4) Head (iii) of paragraph (1)(k) shall not apply to any person in respect of a day for which a compensatory award within the meaning of section 72(b) of the Employment Protection (Consolidation) Act 1978 is payable to him where such award is not actually paid to him and his former employer is insolvent within the meaning of section 127 of the said Act.

Section 4 Amendment of regulation 32 of the principal Regulations

At the end of regulation 32 of the principal Regulations (invalidity pension—restriction on entitlement) there shall be added the following words—

or has, since the beginning of that period, satisfied the conditions for entitlement to sickness benefit otherwise than by virtue of the provisions of section 50A.