Social Welfare Act 2016

Illness benefit

5. The Principal Act is amended—

(a) in section 41—

(i) in subsection (5), by the substitution of “conditions contained in subsections (1)(b) and (c) ” for “condition contained in subsection (1) (b) ”, and

(ii) by the insertion of the following subsection after subsection (5):

“(5A) Subsection (5) shall not apply where a person has been entitled to illness benefit, and in the course of a period of incapacity for work, would be entitled to payment of such benefit at a higher rate than would be payable were that person a person to whom the said subsection applied.”,

and

(b) in section 44—

(i) in subsection (7), by the substitution of “in section 41(1)(b) or (c) ” for “in section 41(1)(b)(i) or (ii) ”, and

(ii) by the insertion of the following subsection after subsection (7):

“(7A) Subsection (7) shall not apply where a person has been entitled to illness benefit, and in the course of a period of incapacity for work, would be entitled to payment of such benefit at a higher rate than would be payable were that person a person to whom the said subsection applied.”.