Social Welfare Consolidation Act 2005

Duration of payment.

[1993 s35(1)]

44.—(1) Where a person—

(a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and

(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date one year immediately before that day, to disability benefit for 312 days,

the person shall not be entitled to disability benefit for that day unless since the last of those 312 days and before that day he or she has requalified for benefit.

[1993 s35(2)]

(2) In the case of a claim for disability benefit which was made before 5 April 1993 subsection (1)(b) shall be read as if “3 years” were substituted for “one year”.

[1993 s35(3)]

(3) Notwithstanding subsection (1), where in any period a person has exhausted entitlement to disability benefit he or she shall not requalify for that benefit unless he or she satisfies the conditions set out in subsection (4).

[1993 s35(4)]

(4) Where a person has exhausted his or her right to disability benefit—

(a) he or she shall requalify for that benefit when he or she has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he or she was entitled to benefit, and

(b) on his or her requalifying for that benefit, subsection (1) shall again apply to the person but, in a case where the period of interruption of employment in which the person exhausted his or her right to benefit continues after his or her requalification, as if the part before and the part after his or her requalification were distinct periods of interruption of employment.

[1993 s35(5)]

(5) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of section 46 (1) shall be treated as though it were a period in respect of which disability benefit was paid.

[1993 s35(6)]

(6) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day where he or she would have been so entitled but for any delay or failure on his or her part to make or prosecute a claim but a person shall not be so treated where he or she shows that he or she did not intend, by failing to acquire or establish a right to benefit for that day, to avoid the necessity of requalifying for benefit under this section.

[1993 s35(7)]

(7) Where a person has qualifying contributions in respect of not less than 260 contribution weeks on the 312th day on which benefit is paid in respect of a period of incapacity for work, and the person would be entitled to disability benefit but for the fact that the contribution condition in section 41 (1)(b)(i) or (ii) is not satisfied, the person is deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.

[1993 s35(8)]

(8) In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began before 6 April 1987, subsection (1)(a) shall be read as if “156” were substituted for “260”.

[1993 s35(9)]

(9) In the case of a claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days began on or after 6 April 1987 and before 4 January 1988, subsection (1)(a) shall be read as if “208” were substituted for “260”.

[1993 s35(10)]

(10) Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work began on or after 4 July 1988.