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Illness benefit
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5. The Principal Act is amended—
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(a) in section 41—
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(i) in subsection (5), by the substitution of “conditions contained in subsections (1)(b) and (c) ” for “condition contained in subsection (1) (b) ”, and
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(ii) by the insertion of the following subsection after subsection (5):
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“(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.”,
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and
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(b) in section 44—
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(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
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(ii) by the insertion of the following subsection after subsection (7):
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“(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.”.
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