Social Security Contributions and Benefits Act 1992 (c. 4)

(The document as of February, 2008)

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(c) subject to sub-paragraphs (4) and (5) below, an allowance in respect of any period such as is mentioned in sub-paragraph (8)(b) below (in this paragraph referred to as a "lesser incapacity allowance");

and a major incapacity allowance or lesser incapacity allowance in respect of any period shall be payable whether or not a basic allowance is also payable in respect of that period.

(4) A lesser incapacity allowance--

(a) shall not be payable to any person in respect of any period unless there is or may be expected to be (or, but for the cesser at a time after 1st March 1966 of that person's entitlement to workmen's compensation, would or might be expected to have been) payable to that person in respect of that period either a weekly payment by way of basic allowance or a weekly payment by way of workmen's compensation which is not a notional payment;

(b) except to a person who immediately before 1st March 1966 was receiving an allowance under a scheme made under the [1951 c. 22.] Workmen's Compensation (Supplementation) Act 1951, shall not be payable if the relevant accident happened after 31st December 1923 and the claimant's entitlement to workmen's compensation in consequence of it ceased before 1st March 1966.

(5) For the purposes of a lesser incapacity allowance, a weekly payment by way of workmen's compensation shall be treated as a notional payment if awarded or paid for the purpose of safeguarding a potential entitlement to compensation and not related to any existing loss of earnings; and a scheme under sub-paragraph (1) above may provide that--

(a) in such circumstances or cases as may be specified in the scheme; and

(b) in particular, in cases where weekly payments by way of such compensation are being paid to a person to whom such payments were not made, or were made at a lower rate, during the period of 12 months immediately preceding such date not earlier than 30th November 1965 as may be specified in the scheme,

a weekly payment by way of such compensation shall be deemed to be a notional payment unless the contrary is proved.

(6) The weekly rate--

(a) of a basic allowance shall not exceed £2 less the amount of the recipient's workmen's compensation and, in respect of a period such as is mentioned in sub-paragraph (8)(b) below which is a period of partial incapacity only, shall also not exceed the difference between 2/3rds of the amount representing his weekly loss of earnings determined in accordance with a scheme under sub-paragraph (1) above and the amount of his workmen's compensation;

(b) of a major incapacity allowance shall be the corresponding disablement pension rate;

(7) Sub-paragraph (6)(b) above shall have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of Parts I to VI of this Act, for so long as he continues to be treated as retired for those purposes, as if at the end of the paragraph there were added the words "less the amount of the recipient's workmen's compensation and less the amount of his basic allowance, if any".

(8) The periods referred to in sub-paragraph (3) above are--

(a) any period during which the person claiming or receiving an allowance under this paragraph--

(i) being or having been entitled to his workmen's compensation in respect of any injury or disease other than pneumoconiosis or byssinosis, is as a result of that injury or disease totally incapable of work and likely to remain so incapable for a considerable period; or

(ii) being or having been entitled to his workmen's compensation in respect of pneumoconiosis, is certified under a scheme made under the [1918 c. 14.] Workmen's Compensation (Silicosis) Act 1918 (as originally enacted or as extended by the [1934 c. 41.] Workmen's Compensation (Silicosis) Act 1924 or under section 47 of the [1925 c. 84.] Workmen's Compensation Act 1925 (as originally enacted or as extended by any subsequent enactment), or is determined in accordance with a scheme under sub-paragraph (1) above, to be totally disabled; or

(iii) is, or but for the determination of his right would be, entitled to his workmen's compensation in respect of byssinosis; or

(iv) being or having been entitled to his workmen's compensation in respect of two or more injuries or diseases such as are mentioned in sub-paragraphs (i) to (iii) above, is as the joint result of those injuries or diseases totally incapable of work and likely to remain so incapable for a considerable period;

(b) any period which, not being a period such as is mentioned in paragraph (a) above, is a period of total or partial incapacity for work resulting from the relevant injury or disease.

Provisions supplementary to paragraph 2

3 (1) For the purposes of paragraph 2 above--

(a) the expressions "relevant accident" and "relevant injury or disease" mean the accident in consequence of which or, as the case may be, the injury or disease in respect of which, an entitlement to weekly payments by way of workmen's compensation arose;

(b) any reference to the happening of an accident shall, in relation to a case of disease, be construed in the same way as for the purposes of the Workmen's Compensation Acts;

(i) under the Workmen's Compensation (War Addition) Acts 1917 and 1919; or

(ii) under the [1940 c. 47.] Workmen's Compensation (Supplementary Allowances) Act 1940 as amended by the [1943 c. 49.] Workmen's Compensation (Temporary Increases) Act 1943,

shall be treated as a weekly payment by way of workmen's compensation.

(2) For the purposes of paragraph 2(1) above, a person shall be deemed to be or have been entitled to weekly payments by way of workmen's compensation at any time if he would be or, as the case may be, have been so entitled at that time if--

(a) the amount of any payment, allowance or benefit received by him otherwise than by way of workmen's compensation; or

(b) where the relevant accident happened before 1st January 1924, either that amount, or the amount he is earning or able to earn in some suitable employment or business, or both those amounts,

were sufficiently reduced.

(3) Subject to sub-paragraph (7) below, for the purpose of the reference in paragraph 2(8)(b) above to a period of total incapacity for work resulting from the relevant injury or disease, a person who is or has been unable to obtain employment shall be treated as subject to such an incapacity if he is treated as being so for the purposes of his workmen's compensation in respect of the relevant injury or disease and in such other circumstances as may be provided by a scheme under paragraph 2 above.

(4) Any reference in paragraph 2 above or this paragraph to the amount of a person's workmen's compensation shall (subject to sub-paragraphs (5) to (7) below) be taken as referring to the amount, if any, of the weekly payments to which for the time being he is, or would but for the determination of his right be, entitled in respect of the relevant injury or disease except that--

(a) where in fixing the amount of those weekly payments under the provisions relating to them regard was had to any payment, allowance or benefit which he might receive during the period of his incapacity from the person liable for the compensation, and the amount is shown to have been reduced in consequence, the amount of those weekly payments shall for the purposes of this sub-paragraph be taken to be the reduced amount so fixed with the addition of the amount of the reduction; and

(b) where the amount of those weekly payments has not been fixed under the said provisions, it shall be fixed for the purposes of this sub-paragraph without regard to any such payment, allowance or benefit.

(5) A scheme under paragraph 2 above may include provision that, in such special circumstances or cases and for such purposes as may be specified in the scheme, any reference in paragraph 2 above or this paragraph to the amount of a person's workmen's compensation shall be taken as referring to such amount as it may be determined in manner provided by the scheme ought reasonably and properly to have been the amount of the weekly payments referred to in sub-paragraph (4) above.

(6) Where a person is, or has at any time after 20th March 1951 been, entitled to payments under the enactments referred to in sub-paragraph (1)(c)(i) or (ii) above but ceased before 21st March 1951 to be entitled to any other weekly payments by way of workmen's compensation in respect of the relevant injury or disease, the amount of his workmen's compensation shall for the purposes of paragraph 2 above be calculated as if he had not ceased to be entitled to such other payments.

(7) A scheme under paragraph 2 above may provide for modifying the operation of sub-paragraphs (3) to (5) above in relation to a person whose workmen's compensation is or was compensation under a contracting-out scheme in such manner as appears to the Secretary of State to be proper having regard to the provisions of the contracting-out scheme.

Industrial diseases benefit schemes

4 (1) The Secretary of State may, by scheme made with the consent of the Treasury, provide for the payment of allowances or other benefits-

(a) to persons who, having been employed in Great Britain before 5th July 1948 in any occupation prescribed in relation to a disease to which this paragraph applies, are at the commencement of the scheme, or thereafter become, disabled by that disease;

(b) to any person who, as the joint result of--

(i) a disease to which this paragraph applies in respect of which he is, or has at any time after 4th July 1956 been, entitled to weekly payments by way of an allowance by virtue of paragraph (a) above or by virtue of section 1(1)(a) of the [1951 c. 4 (15 & 16 Geo.6 & 1 Eliz.2).] Pneumoconiosis and Byssinosis Benefit Act 1951 or section 5(1)(a) of the Old Cases Act; and

(ii) one or more other diseases or injuries in respect of each of which he is, or has at any such time been, entitled to weekly payments by way either of such an allowance or of workmen's compensation or of an allowance under paragraph 2 above or under the [1951 c. 22.] Workmen's Compensation (Supplementation) Act 1951 or section 2 of the Old Cases Act,

is totally incapable of work and likely to remain so incapable for a considerable period;

(c) to the dependants of persons who, having been so employed, died, or have at any time, after 31st December 1949 died, as a result of the disease in question, so however, that in relation to such a disease as is mentioned in sub-paragraph (2)(d) below this paragraph shall have effect as if for the reference to 31st December 1949 there were substituted a reference to 27th July 1967.

(2) The diseases to which this paragraph applies are--

(a) pneumoconiosis;

(b) byssinosis;

(c) any disease in respect of which compensation was payable under the [1925 c. 84.] Workmen's Compensation Act 1925 by virtue of section 43 of that Act;

(d) any other disease which is a malignant or potentially malignant neoplasm and is for the time being prescribed for the purposes of Part V of this Act;

but a scheme under this paragraph shall not provide for the payment of benefit in respect of such a disease as is mentioned in paragraph (c) or (d) above unless the Secretary of State is satisfied that the disease is of such a nature that there are likely to be cases where--

(i) a person suffers from it and it is due to the nature of his employment; but

(ii) it does not manifest itself until more than 12 months after he has ceased to be engaged in the employment.

(3) Subject to the provisions of this Schedule, the right to benefit in pursuance of a scheme under this paragraph shall be subject to such conditions as may be provided by the scheme, and the rate or amount of any such benefit shall be such as may be so provided.

(4) A scheme under this paragraph may make provision as to the circumstances in which any benefit payable to a person in pursuance of the scheme may be paid to another person on his behalf.

Restrictions on scope of schemes under paragraph 4

5 (1) A scheme under paragraph 4 above shall not provide for the payment of benefit to or in respect of a person disabled or dying as a result of a disease to which that paragraph applies--

(a) if he or any other person is or has been entitled to benefit under Part V of this Act in respect of the disablement or death;

(b) if he or any member of his family within the meaning of the Workmen's Compensation Act 1925 has received or is entitled to compensation in respect of the disablement or death under the Workmen's Compensation Acts or by virtue of a scheme made or certified under those Acts or by virtue of any scheme or law in force in any country or territory outside Great Britain providing for compensation in respect of that disease;

(c) if he would have received or would be entitled to such compensation by virtue of any scheme so made or certified under the Workmen's Compensation Acts but for the fact that he was or is entitled to receive compensation in respect of disablement from any other disease or in respect of an injury by accident;

(d) if he or his personal representative or any of his relatives has recovered any sum by way of damages in respect of the disablement or death, whether at common law or under the [1976 c. 30.] Fatal Accidents Act 1976 or section 1 of the [1934 c. 41.] Law Reform (Miscellaneous Provisions) Act 1934 ;

(e) if throughout the employment mentioned in paragraph 4(1)(a) above he was employed otherwise than as a workman within the meaning of the [1925 c. 84.] Workmen's Compensation Act 1925 .

(2) A scheme under paragraph 4 above shall not provide for the payment of benefit to a person disabled as a result of the disease of byssinosis unless it is determined in accordance with the scheme that the disablement is likely to be permanent.

(3) Sub-paragraphs (1) and (2) above shall be without prejudice to any other restrictions which may be imposed by a scheme under paragraph 4 above in respect of the persons to or in respect of whom benefit is payable under the scheme; and those other restrictions shall include restrictions relating to the nature or degree of disablement.

(4) For the avoidance of doubt, the benefits in relation to which restrictions are or may be imposed by virtue of this paragraph shall not include an allowance by virtue of paragraph 4(1)(b) above.

(5) Notwithstanding anything in this paragraph the [S.I.1983/136.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 and any further scheme under paragraph 4 above may contain any provision which the Secretary of State considers corresponds to a provision which was required by paragraph 2 or authorised by paragraph 3 of Schedule 1 to the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977.

Nature and amount of benefit under paragraph 4

6 (1) The benefit payable to any person in pursuance of a scheme under paragraph 4 above by virtue of sub-paragraph (1)(a) or (b) of that paragraph shall be by way of a weekly allowance.

(2) Subject to the provisions of this Schedule and to any provisions of the scheme for the adjustment of benefit under it by reference to pensions, allowances or other benefits payable out of public funds, the weekly rate--

(a) of an allowance by virtue of paragraph 4(1)(a) above in respect of total disablement shall be the corresponding disablement pension rate;

(b) of an allowance by virtue of paragraph 4(1)(a) above in respect of disablement which is not total shall be £32.55;

(3) Sub-paragraph (2)(c) above shall have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of Parts I to VI above, for so long as he continues to be treated as retired for those purposes, as if at the end of the paragraph there were added the words "less the amount of any weekly payments by way of workmen's compensation payable to the recipient in consequence of any of the diseases or injuries in consequence of which the allowance is payable".

(4) The weekly rate of an allowance such as is mentioned in sub-paragraph (2)(a) or (b) above shall be increased, in such circumstances and subject to such conditions as may be prescribed by the scheme (in accordance, for the purposes of paragraph (b) of this paragraph, with any regulations in force under paragraph 8 of Schedule 6 to this Act)--

(a) in any case, by an amount equal to the unemployability supplement which would be payable under paragraph 2 of Schedule 7 to this Act or, as the case may be, paragraphs 2 and 3 of that Schedule if the person entitled to the allowance were entitled to a disablement pension;

(b) where the person requires constant attendance as the result of the disablement, by an amount equal to any increases which would be payable under section 104 or 105 above if he were entitled to a disablement pension in respect of an assessment of 100 per cent.;

(c) where the person is entitled to child benefit in respect of a child or children, and is in receipt of an allowance which comprises such an increase as is mentioned in paragraph (a) above, by an amount equal to any increase which would be payable under paragraph 4 of Schedule 7 to this Act in respect of that child or those children if he were entitled to disablement pension plus unemployability supplement;

(d) where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under section 82 above in respect of the spouse if the person were entitled to sickness benefit).

(5) Where under this paragraph an allowance comprises such an increase as is mentioned in paragraph (a) of sub-paragraph (4) above, that sub-paragraph shall have effect as if for paragraph (d) there were substituted the following paragraph--

" (d) where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under paragraph 6 of Schedule 7 to this Act in respect of the spouse if the person were entitled to disablement pension plus unemployability supplement). " .

(6) The benefit payable in pursuance of such a scheme in respect of the death of any person shall be payable to or for the benefit of such persons as may be prescribed by the scheme (being members of the deceased's family within the meaning of the [1925 c. 84.] Workmen's Compensation Act 1925 ); and subject to the provisions of this Schedule such benefit shall be a capital sum or sums of an amount or aggregate amount not exceeding £300.

Part II Regulations providing for benefit

7 (1) This paragraph applies to any person who is or has been at any time after 4th July 1948--

(a) entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, or under any contracting-out scheme duly certified under those Acts; or

(b) entitled to payments on account of an injury pension under or by virtue of any enactment in respect of an injury received or disease contracted by him before 5th July 1948 or in respect of his retirement in consequence of such an injury or disease.

(2) Regulations may provide--

(a) for conferring on persons to whom this paragraph applies who as a result of the injury or disease in question are, or could for the purpose of the provisions of this Act relating to unemployability supplement and any provisions of the Administration Act, so far as they so relate, be treated as being, incapable of work and likely to remain permanently so incapable--

(i) the like right to payments under Schedule 7 to this Act by way of unemployability supplement; and

(ii) the like right to payments under Schedule 7 to this Act in respect of a child or adult dependant,

as if the injury or disease were one in respect of which a disablement pension were for the time being payable;

(b) for conferring on persons to whom this paragraph applies who as a result of the injury or disease in question require constant attendance--

(i) the like right to payments under this Act in respect of the need for constant attendance; and

(ii) the like right to an increase for exceptionally severe disablement,

as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.;

(c) for applying in relation to payments under this paragraph the provisions of this Act relating to industrial injuries benefit, in so far as those provisions apply in relation to--

(i) an unemployability supplement;

(ii) an increase of a disablement pension in respect of a child or adult dependant; or

(iii) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,

(as the case may be) subject to any additions or modifications.

Part III Interpretation

8 (1) In this Schedule, except where the context otherwise requires--

"corresponding disablement pension rate" means the weekly rate for the time being of a disablement pension in respect of an assessment of 100 per cent.;
"the 1967 Act" means the [1967 c. 34.] Industrial Injuries and Diseases (Old Cases) Act 1967;
"injury pension" includes any pension or similar benefit payable in respect of a person's employment or former employment, being a pension or benefit which would not be payable or would be payable at a less rate but for an injury or disease referable to that employment;
"the original Industrial Injuries Act" means the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946;
"prescribed", in relation to an occupation and a disease to which paragraph 4 above applies, means any occupation in the case of which, by virtue of regulations under section 108 of this Act that disease is prescribed in relation to earners employed in employed earners' employment;
"workmen's compensation" means compensation under any of the Workmen's Compensation Acts or under any contracting-out scheme duly certified under any of those Acts;
"the Workmen's Compensation Acts" means the [1925 c. 84.] Workmen's Compensation Acts 1925 to 1945, or the enactments repealed by the Workmen's Compensation Act 1925, or the enactments repealed by the [1906 c. 58.] Workmen's Compensation Act 1906 .

(2) Without prejudice to sub-paragraph (3) below, in the case of a person who suffers from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis may be treated, for the purposes of any scheme under paragraph 2 or 4 above, as if they were effects of the pneumoconiosis.

(3) In the case of a person the extent of whose disablement resulting from pneumoconiosis, or from pneumoconiosis accompanied by tuberculosis, would if his physical condition were otherwise normal, be determined in accordance with a scheme under paragraph 2 or 4 above to be of a gravity comparable to an assessment at not less than 50 per cent., and the pneumoconiosis is accompanied or, as the case may be, further accompanied by emphysema or chronic bronchitis, the effects of the emphysema or chronic bronchitis may be treated for the purposes of any such scheme as if they were effects of the pneumoconiosis.

(4) In sub-paragraph (1) above, in the definition of "prescribed", the reference to regulations shall be construed, in relation to any scheme under paragraph 4 above, as a reference to the regulations in force at the commencement of the scheme or at such time thereafter as may be prescribed by the scheme, whether regulations under section 76 of the 1975 Act, section 56 of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 or section 108 above.

(5) For the purposes of this Schedule--

(a) a period shall be treated as considerable if it lasts or can be expected to last for not less than 13 weeks;

(b) a person may be treated as being, as the result of an injury or disease or as the joint result of two or more injuries or diseases, totally incapable of work and likely to remain so incapable for a considerable period notwithstanding that the disability resulting from the injury or disease or, as the case may be, from the injuries or diseases taken together is not such as to prevent him from being capable of work, if it is likely to prevent his earnings (including any remuneration or profit derived from a gainful occupation) exceeding in a year such amount as is for the time being prescribed for purposes of unemployability supplement.

(6) For the purposes of paragraphs 6 and 7 above paragraph 4 of Schedule 3 to the 1986 Act and paragraph 1 of Schedule 7 to this Act shall be deemed not to have been enacted.

Section 144(2).

SCHEDULE 9 Exclusions from entitlement to child benefit

Children in detention, care, etc.

1 Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child for any week if in that week the child--

(a) is undergoing imprisonment or detention in legal custody;

(b) is subject to a supervision requirement made under section 44 of the [1968 c. 49.] Social Work (Scotland) Act 1968 and is residing in a residential establishment within the meaning of that section; or

Employed trainees, etc.

2 (1) No person shall be entitled to child benefit by virtue of section 142(1)(c) above in respect of a child if the education in question is received by that child by virtue of his employment or of any office held by him.

(2) Regulations may specify the circumstances in which a child is or is not to be treated as receiving education as mentioned in sub-paragraph (1) above.

Married children

3 Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child who is married.

Persons exempt from tax

4 Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child if either that person or such other person as may be prescribed is exempt from tax under such provisions as may be prescribed.

Children entitled to severe disablement allowance

5 Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child for any week in which the child is entitled to a severe disablement allowance.

Section 144(3).

SCHEDULE 10 Priority between persons entitled to child benefit

Person with prior award

1 (1) Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child for any week and a person to whom child benefit in respect of that child for that week has already been awarded when the claim is made, the latter shall be entitled.

(2) Sub-paragraph (1) above shall not confer any priority where the week to which the claim relates is later than the third week following that in which the claim is made.

Person having child living with him

2 Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 143 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.

Husband and wife

3 Subject to paragraphs 1 and 2 above, as between a husband and wife residing together the wife shall be entitled.

Parents

4 (1) Subject to paragraphs 1 to 3 above, as between a person who is and one who is not a parent of the child the parent shall be entitled.

(2) Subject as aforesaid, as between two persons residing together who are parents of the child but not husband and wife, the mother shall be entitled.

Other cases

5 As between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Secretary of State may in his discretion determine.

Supplementary

6 (1) Any election under this Schedule shall be made in the prescribed manner.

(2) Regulations may provide for exceptions from and modifications of the provisions of paragraphs 1 to 5 above in relation to such cases as may be prescribed.

Section 153(3).

SCHEDULE 11 Circumstances in which periods of entitlement to statutory sick pay do not arise

1 A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

2 The circumstances are that--

(a) at the relevant date the employee is over pensionable age;

(b) the employee's contract of service was entered into for a specified period of not more than three months;

(c) at the relevant date the employee's normal weekly earnings are less than the lower earnings limit then in force under section 5(1)(a) above;

(d) the employee had--

(i) in the period of 57 days ending immediately before the relevant date, at least one day which formed part of a period of interruption of employment; and

(ii) at any time during that period of interruption of employment, an invalidity pension day (whether or not the day referred to in paragraph (i) above);

(e) 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 sickness benefit (or on which he would have been so entitled if he had satisfied the contribution conditions for sickness benefit mentioned in section 31(2)(a) above), or

(ii) she was entitled to a maternity allowance;

(f) the employee has done no work for his employer under his contract of service;

(g) on the relevant date there is, within the meaning of section 27 above, a stoppage of work due to a trade dispute at the employee's place of employment;

(h) the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 153(12) above).

3 In this Schedule "relevant date" means the date on which a period of entitlement would begin in accordance with section 153 above if this Schedule did not prevent it arising.

4 (1) Paragraph 2(b) above does not apply in any case where--

(a) at the relevant date the contract of service has become a contract for a period exceeding three months; or

(b) the contract of service (the "current contract") was preceded by a contract of service entered into by the employee with the same employer (the "previous contract") and--

(i) the interval between the date on which the previous contract ceased to have effect and that on which the current contract came into force was not more than 8 weeks; and

(ii) the aggregate of the period for which the previous contract had effect and the period specified in the current contract (or, where that period has been extended, the specified period as so extended) exceeds 13 weeks.

(2) For the purposes of sub-paragraph (1)(b)(ii) above, in any case where the employee entered into more than one contract of service with the same employer before the current contract, any of those contracts which came into effect not more than 8 weeks after the date on which an earlier one of them ceased to have effect shall be treated as one with the earlier contract.

5 (1) In paragraph 2(d) above "invalidity pension day" means a day--

(a) for which the employee in question was entitled to an invalidity pension, a non-contributory invalidity pension (under section 36 of the 1975 Act) or a severe disablement allowance; or

(b) for which he was not so entitled but which was the last day of the invalidity pension qualifying period.

(2) In sub-paragraph (1)(b) above the "invalidity pension qualifying period" means the period mentioned in section 33(1) or, as the case may be, 40(3) or 41(2) above as falling within the period of interruption of employment referred to in whichever of those provisions is applicable.

6 For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than 8 weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7 Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he have a direct interest in the trade dispute in question.

8 Paragraph 2(h) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (as defined for the purposes of statutory maternity pay in section 171(1) above).

Section 160.

SCHEDULE 12 Relationship of statutory sick pay with benefits and other payments, etc

The general principle

1 Any day which--

(a) is a day of incapacity for work in relation to any contract of service; and

(b) falls within a period of entitlement (whether or not it is also a qualifying day),

shall not be treated for the purposes of this Act as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

Contractual remuneration

2 (1) Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory sick pay shall not affect any right of an employee in relation to remuneration under any contract of service ("contractual remuneration").

(2) Subject to sub-paragraph (3) below--

(a) any contractual remuneration paid to an employee by an employer of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay statutory sick pay to that employee in respect of that day; and

(b) any statutory sick pay paid by an employer to an employee of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay contractual remuneration to that employee in respect of that day.

(3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraph (1) or (2) above.

Sickness benefit

3 (1) This paragraph applies in any case where--

(a) a period of entitlement as between an employee and an employer of his comes to an end; and

(b) the first day immediately following the day on which the period of entitlement came to an end--

(i) is a day of incapacity for work in relation to that employee; and

(ii) is not prevented by paragraph 1 above from being treated as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

(2) In a case to which this paragraph applies, the day of incapacity for work mentioned in sub-paragraph (1)(b) above shall, except in prescribed cases, be or as the case may be form part of a period of interruption of employment notwithstanding section 57(1)(d)(ii) above.

(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 falling within sub-paragraphs (i) and (ii) of sub-paragraph (1)(b) above, sub-paragraph (2) above shall have effect in relation to the second day or, as the case may be, the second and third days, as it has effect in relation to the first day.

(4) Any day which is, by virtue of section 57(1)(e) above to be disregarded in computing any period of consecutive days for the purposes of Part II of this Act shall be disregarded in determining, for the purposes of this paragraph, whether a day is the first day following the end of a period of entitlement or, as the case may be, the second or third consecutive such day.

4 (1) This paragraph applies in any case where--

(a) a period of entitlement as between an employee and an employer of his comes to an end; and

(b) that employee has a day of incapacity for work which--

(i) is, or forms part of, a period of interruption of employment; and

(ii) falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.

(2) In a case to which this paragraph applies, section 31(4) above shall not apply in relation to a day of incapacity for work of a kind mentioned in sub-paragraph (1)(b) above or to any later day in the period of interruption of employment concerned.

Invalidity pension for widows and widowers

5 Paragraph 1 above does not apply for the purpose of determining whether the conditions specified in section 40(3) or 41(2) above are satisfied.

Unemployability supplement

6 Paragraph 1 above does not apply in relation to paragraph 3 of Schedule 7 to this Act and accordingly the references in paragraph 3 of that Schedule to a period of interruption of employment shall be construed as if the provisions re-enacted in this Part of this Act had not been enacted.

Section 168.

SCHEDULE 13 Relationship of statutory maternity pay with benefits and other payments etc

The general principle

1 Except as may be prescribed, a day which falls within the maternity pay period shall not be treated for the purposes of this Act as a day of unemployment or of incapacity for work for the purpose of determining whether it forms part of a period of interruption of employment.

Invalidity

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 an invalidity pension.

(2) Regulations may provide that an amount equal to a woman's statutory maternity pay for a period shall be deducted from invalidity benefit in respect of the same period and a woman shall be entitled to invalidity benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

Contractual remuneration

3 (1) Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory maternity pay shall not affect any right of a woman in relation to remuneration under any contract of service ("contractual remuneration").

(2) Subject to sub-paragraph (3) below--

(a) any contractual remuneration paid to a woman by an employer of hers in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay statutory maternity pay to her in respect of that week; and

(b) any statutory maternity pay paid by an employer to a woman who is an employee of his in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay contractual remuneration to her in respect of that week.

(3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraphs (1) and (2) above.

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