Avoiding disqualification - European Community provisions Introduction 073850 Under European Community provisions there are two kinds of benefit paid because a person is incapable of work 1. sickness benefits and 2. invalidity benefits. Sickness benefits and invalidity benefits are treated differently under European Community provisions1. 1 R(S) 6/81 Sickness benefits 073851 For the short term Incapacity Benefit paid for the first 52 weeks of entitlement is a sickness benefit. Invalidity benefits 073852 Invalidity benefits means 1. long term Incapacity Benefit paid after 52 weeks of incapacity 2. Severe Disablement Allowance (see DMG 076960) and 3. in certain circumstances, Attendance Allowance, Disability Living Allowance, Disability Working Allowance and Invalid Care Allowance. 073853 There are no provisions in European Community law defining what are sickness and invalidity benefits. As a result, what are sickness or invalidity benefits must be decided by considering the 1. conditions for entitlement to the benefit and reason for and length of the incapacity. 2. Incapacity Benefit is a sickness benefit for the first 52 weeks because sickness benefits are paid for short term incapacities. Incapacity Benefit becomes an invalidity benefit after 52 weeks of entitlement. Avoiding disqualification
Avoiding disqualification - European Community provisions Introduction 073850 Under European Community provisions there are two kinds of benefit paid because a person is incapable of work 1. sickness benefits and 2. invalidity benefits. Sickness benefits and invalidity benefits are treated differently under European Community provisions1. 1 R(S) 6/81 Sickness benefits 073851 For the short term Incapacity Benefit paid for the first 52 weeks of entitlement is a sickness benefit. Invalidity benefits 073852 Invalidity benefits means 1. long term Incapacity Benefit paid after 52 weeks of incapacity 2. Severe Disablement Allowance (see DMG 076960) and 3. in certain circumstances, Attendance Allowance, Disability Living Allowance, Disability Working Allowance and Invalid Care Allowance. 073853 There are no provisions in European Community law defining what are sickness and invalidity benefits. As a result, what are sickness or invalidity benefits must be decided by considering the 1. conditions for entitlement to the benefit and 2. reason for and length of the incapacity. Incapacity Benefit is a sickness benefit for the first 52 weeks because sickness benefits are paid for short term incapacities. Incapacity Benefit becomes an invalidity benefit after 52 weeks of entitlement. Avoiding disqualification
dmg-vol2-chapter07part4.DOCX