Social Welfare (Miscellaneous Provisions) Act 2008

Illness benefit — amendment.

15.— (1) Section 41 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (a):

“(a) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and”,

and

(b) by inserting the following subsection after subsection (3):

“(3A) In the case of a claim for illness benefit where the period of interruption of employment began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.”.

(2) Section 44 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) by inserting the following subsections after subsection (1):

“(1A) Where a person—

(a) has qualifying contributions in respect of not 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 2 years immediately before that day, or the period beginning on 5 January 2009, whichever is shorter, to illness benefit for 624 days,

the person shall not be entitled to illness benefit for that day unless since the last of those 624 days and before that day he or she has requalified for benefit.

(1B) Subsection (1A) shall not apply to any claim for illness benefit where the period of incapacity for work began on or before 4 January 2009.

(1C) In the case of a person to whom section 41(1)(c)(ia)(I) applies and—

(a) that person is in receipt of invalidity pension, carer’s benefit or carer’s allowance on 5 January 2009, and

(b) the period of incapacity for the illness benefit referred to in section 41(1)(c)(ia)(II) began on or before 4 January 2009,

subsection (1A) shall not apply to the illness benefit claim made immediately following the invalidity pension, carer’s benefit or carer’s allowance for the period of incapacity of that illness benefit claim.

(1D) Subsection (1A) shall not apply for the period of incapacity of any claim for illness benefit where, on the date immediately before the claim, a person was incapable of work and entitled to or in receipt of injury benefit in respect of a period on or before 4 January 2009.”,

(b) in subsection (3), by substituting “Notwithstanding subsection (1) or, as the case may be, subsection (1A)” for “Notwithstanding subsection (1)”, and

(c) in subsection (4), in paragraph (b), by substituting “subsection (1) or, as the case may be, subsection (1A) shall” for “subsection (1) shall”.

(3) This section comes into operation on 5 January 2009.