The period of incapacity starts on the fourth day of being incapable of work. The first three days are known as the waiting days. The Decsion Makers' Guide(DMG) states that "A person is not entitled to Incapacity Benefit for the first three days of any period of incapacity for work unless there is a link with a statutory sick pay period of entitlement or with a sickness absence period whilst a member of Her Majesty's Forces"
Once claimants have qualified for IB they can have a gap of up to 8 weeks and can reclaim without having to serve out the three waiting days.If the claimant is a welfare to work beneficiary (ie someone who has worked or undertaken training) then he or she may benefit by the 104-week linking period- if the person becomes incapacitated within 2 years of the last period then he or she can go back on to IB at the same rate without satisfying the contribution conditions. This two year linking rule also applies to people who have had a period on tax credits with the disability element included.
A period of incapacity is normally treated as being 4 or more consecutive days although people who receive regular weekly dialysis treatemnt, total parenteral nutrition, plasmapheresis, parenteral chemotherapy with cytotoxic drugs, anti-tumour agents or immuno-suppressive drugs or radiotherapy can count any two days of incapacity in any period of seven consecutive days.
A day of incapacity is any day on which the claimant is incapable of work. Being incapable of work entails the claimant passing the own occupation test or the personal capability assessment. A day of incapacity is also a day in which a claimant is treated as incapable of work-
