Social Welfare and Pensions Act 2007

5.

Illness benefit — improvements.

5.— The Principal Act is amended—

( a) in section 40(3), by inserting the following after paragraph ( e):

“( ea) notwithstanding paragraph ( d), in the case of a person who, on or after 1 May 2007, has been in receipt of illness benefit for not less than 624 days in respect of a period of incapacity for work and who, within the same period of interruption of employment, has subsequent periods of incapacity for work, any 2 such subsequent periods of incapacity for work within that period of interruption of employment not separated by a period of more than 26 weeks shall be treated as one period of incapacity for work,”,

( b) in section 41—

(i) by inserting the following after subsection (1)( c)(i):

“(i a) prescribed weekly earnings, in the case of a person who immediately before the week of incapacity for which illness benefit was claimed—

(I) was in receipt of carer’s benefit or carer’s allowance, and

(II) was in receipt of illness benefit immediately before receiving a payment referred to in subparagraph (I),

or”,

and

(ii) in subsection (12), by inserting “made before 1 July in any year” before “where”,

and

( c) in section 46—

(i) by substituting the following for subsection (1)( b):

“( b) the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(i) attending for or submitting to any medical or other examination or treatment;

(ii) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(iii) refraining from behaviour likely to hinder his or her recovery;

(iv) being available to meet with an officer of the Minister regarding his or her claim for illness benefit.”,

and

(ii) by inserting the following after subsection (1):

“(1A) A person shall not be disqualified for receipt of illness benefit while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.”.