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CHAPTER 7
Disability Benefit
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Entitlement to benefit.
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[1981, s. 18(1)]
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31.—(1) Subject to this Act, a person shall be entitled to disability benefit in respect of any day of incapacity for work (in this Act referred to as “a day of incapacity for work”) which forms part of a period of interruption of employment, if—
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(a) he is under pensionable age on the day for which the benefit is claimed, and
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(b) he satisfies the contribution conditions in section 32.
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[1981, s. 18(2)]
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(2) A person shall not be entitled to disability benefit for the first 3 days of any period of incapacity for work.
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[1981, s. 18(4); 1986, s. 10; 1987 (No. 2), s. 16(1)(a)]
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(3) For the purposes of any provision of this Act relating to disability benefit—
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(a) a day shall not be treated in relation to an insured person as a day of incapacity for work unless on that day he is incapable of work,
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(b) “day of interruption of employment” means a day which is a day of incapacity for work or of unemployment,
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(c) any 3 days of interruption of employment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of interruption of employment and any two such periods not separated by a period of more than 13 weeks shall be treated as one period of interruption of employment,
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(d) any 3 days of incapacity for work, whether consecutive or not, within a period of 6 consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by more than 3 days shall be treated as one period of incapacity for work:
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Provided that a period of incapacity for work shall be deemed to include any day or days of unemployment in the period of 3 consecutive days preceding the 1st day of incapacity for work, but any such day of unemployment shall not be a day of incapacity for work to which section 81(2) applies,
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(e) Sunday or such other day in each week as may be prescribed shall not be treated as a day of incapacity for work or of unemployment and shall be disregarded in computing any period of consecutive days,
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(f) a day shall not be treated in relation to an insured person as a day of incapacity for work if, in respect of that day, the insured person is being paid by his employer in respect of holiday leave,
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(g) any two periods of incapacity for work separated by a period in respect of which an insured person is being paid by his employer in respect of holiday leave shall be treated as one period of incapacity for work.
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[1981, s. 18(5)]
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(4) Regulations may make provision (subject to subsection (3)) as to the days which are or are not to be treated for the purposes of disability benefit as days of incapacity for work or of unemployment.
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[1981, s. 18(6); 1987, s. 9(1)]
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(5) The amount payable by way of benefit for any day of incapacity for work shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.
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[1981, s. 18(7); 1987 (No. 2), s. 16(1)(b)]
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(6) A person who was in receipt of maternity benefit under section 37 on any of the 3 days prior to the day in respect of which a claim for disability benefit is made shall not be entitled to disability benefit for the first 3 days of incapacity for work in respect of such claim.
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