The Social Security Contributions and Benefits Act 1992 (Modifications for Her Majesty’s Forces and Incapacity Benefit) Regulations 2003

• Citation: S.I. 2003/737
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Social Security Contributions and Benefits Act 1992 (Modifications for Her Majesty’s Forces and Incapacity Benefit) Regulations 2003 and shall come into force for the purposes of this regulation and regulation 3 on 6 th April 2003 and for all other purposes on 5th May 2003.

Section 2 Modification of section 30A of the Social Security Contributions and Benefits Act 1992

Section 30A of the Social Security Contributions and Benefits Act 1992 (entitlement to incapacity benefit) shall be modified, in respect of persons who have been members of Her Majesty’s forces, as if—

(a) at the beginning of subsection (3), there were inserted “Subject to subsection (3A),”, and

(b) after subsection (3), there were inserted—

(3A) Subsection (3) does not apply to a person—

(a) who is discharged from Her Majesty’s forces, and

(b) for whom days of sickness absence from duty, which are recorded by the Secretary of State for Defence, are included in calculating the number of days for which the person has been entitled to short-term incapacity benefit.

Section 3 Modification of section 30D of the Social Security Contributions and Benefits Act 1992

Section 30D of the Social Security Contributions and Benefits Act 1992 (calculating days of entitlement to incapacity benefit) shall be modified, in respect of persons who have been members of Her Majesty’s forces, as if, after subsection (3), there were inserted—

(3A) In respect of a person who is discharged from Her Majesty’s forces after 3rd May 2003, there shall also be included such days as may be prescribed .

Section 4 Modification of paragraph 2(6) of Schedule 3 to the Social Security Contributions and Benefits Act 1992

Paragraph 2(6) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to incapacity benefit) shall be modified, in respect of persons who have been members of Her Majesty’s forces, as if—

(a) after “is” in paragraph (b) (meaning of “the relevant benefit year”) , there were inserted “, subject to paragraph (c),”, and

(b) at the end, there were added—

(c) in the case of a person who is discharged from Her Majesty’s forces, and for whom days of sickness absence from duty recorded by the Secretary of State for Defence are included in calculating the number of days for which the person has been entitled to short-term incapacity benefit, “the relevant benefit year” is the benefit year in which there falls the beginning of the period to which the claim for incapacity benefit relates.