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Duration of payment.
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[1991, s. 55(1); 1993, s. 12(1)]
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35.—(1) Where a person—
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(a) has qualifying contributions in respect of less than 260 contribution weeks in the period between his entry into insurance and any day of incapacity for work, and
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(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 1 year immediately prior to that day, to disability benefit for 312 days,
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he shall not be entitled to disability benefit for that day unless since the last of the said 312 days and before that day he has requalified for benefit.
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[1993, s. 12(2)]
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(2) In the case of any claim for disability benefit which was made before the 5th day of April, 1993 subsection (1)(b) shall be construed as if “3 years” were substituted for “1 year”.
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[1991, s. 55(1A)]
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(3) Notwithstanding subsection (1), where in any period a person has exhausted his entitlement to disability benefit he shall not requalify therefor unless he satisfies the conditions set out in subsection (4).
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[1981, s. 22(2)]
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(4) Where a person has exhausted his right to disability benefit—
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(a) he shall requalify therefor when he has qualifying contributions in respect of 13 contribution weeks begun or ended since the last day for which he was entitled to benefit, and
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(b) on his requalifying therefor, subsection (1) shall again apply to him but, in a case where the period of interruption of employment in which he exhausted his right to benefit continues after his requalification, as if the part before and the part after his requalification were distinct periods of interruption of employment.
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[1992, s. 33]
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(5) For the purposes of this section, any period in respect of which a person is disqualified for receiving disability benefit by virtue of subsection (1) of section 36 shall be treated as though it were a period in respect of which disability benefit was paid.
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[1981, s. 22(3)]
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(6) Regulations may provide for treating a person for the purposes of this section as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure on his part to make or prosecute a claim:
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Provided that a person shall not be so treated where he shows that he 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.
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[1990, s. 32]
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(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 he would be entitled to disability benefit but for the fact that the contribution condition set out in subsection (1)(b) of section 32 is not satisfied, he shall be deemed to satisfy that contribution condition in respect of every subsequent day of incapacity in that period of incapacity for work.
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[1987, ss. 8(2), 8(6)(b); 1993, s. 35(1)]
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(8) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced before the 6th day of April, 1987, subsection (1)(a) shall be construed as if “156” were substituted for “260”.
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[1987 (No. 2), ss. 8(1), 8(2); 1993, s. 35(2)]
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(9) In the case of any claim for disability benefit where the period of interruption of employment in respect of incapacity for work beyond 312 days commenced on or after the 6th day of April, 1987 and before the 4th day of January, 1988, subsection (1)(a) shall be construed as if “208” were substituted for “260”.
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[1987 (No. 2), s. 8(3)]
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(10) Subsections (8) and (9) shall not apply to any claim for disability benefit where the period of incapacity for work commenced on or after the 4th day of July, 1988.
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