Social Welfare (No. 2) Act 2019

• Permanent Page URL

Entitlement to benefit or allowance

4. The Principal Act is amended—

(a) in section 40, by the substitution of the following subsection for subsection (1):

“(1) Subject to this Act, a person shall only be entitled to illness 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 insurable employment, where—

(a) the person is under pensionable age on the day for which the benefit is claimed,

(aa) he or she is incapable of work,

(ab) the reason for the period of interruption of employment is as a direct result of the person concerned being incapable of work and for no other reason, and

(b) he or she satisfies the contribution conditions in section 41.”,

(b) in section 46A(1), by the substitution of the following paragraph for paragraph (b):

“(b) has a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and the reason for which restriction is as a direct result of the person concerned being incapable of work and for no other reason,”,

(c) in section 118—

(i) in subsection (1), by the substitution of the following paragraphs for paragraph (a):

“(a) is permanently incapable of working in insurable employment or insurable self-employment, and the reason for which incapacity is as a direct result of the person concerned being incapable of work and for no other reason,

(aa) would be available to work in insurable employment or insurable self-employment were it not for this incapacity, and”,

and

(ii) in subsection (3A), by the substitution of “engage in insurable employment or insurable self-employment” for “engage in work”,

(d) in section 161A, by the substitution of the following paragraphs for paragraph (b):

“(b) the reason for the person’s incapacity to perform any insurable employment or insurable self-employment for which eyesight is essential or to continue his or her ordinary occupation is as a direct result of his or her blindness and for no other reason,

(bb) were it not for this incapacity he or she would be available to work in insurable employment or insurable self-employment,”,

and

(e) in section 210—

(i) in subsection (1) —

(I) in paragraph (b), to substitute “ Health Act 1970 ,” for “ Health Act 1970 , and”, and

(II) by the insertion of the following paragraphs after paragraph (b):

“(ba) subject to subsection (10), the reason for whose substantial restriction in undertaking suitable employment is as a direct result of the person concerned being incapable of work and for no other reason,

(bb) who, were it not for the substantial restriction, would be available to work in insurable employment or insurable self-employment, and”,

and

(ii) by the insertion of the following subsection after subsection (9):

“(10) A person shall not be disqualified for receipt of a disability allowance while engaging in a prescribed course of education, training or development.”.