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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2024 - onwards
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40. Entitlement to benefit.

(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) on the day for which the benefit is claimed -

(i) the person is under pensionable age, or

(ii) the person was born on or after 1 January 1958 and has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),

(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.

(2) A person shall not be entitled to illness benefit for the first 6 days of any period of incapacity for work.

(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker's benefi

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