Entitlement to injury benefit

(1) Subject to these Regulations, an insured person shall be entitled to benefit (hereafter in these Regulations referred to as “injury benefit”) in respect of any day during the injury benefit period on which, as a result of the relevant injury, he is incapable of work. (2) In determining for the purpose of these Regulations whether the insured person is incapable of work 84 Social Security on the day of the relevant accident, any part of that day before the accident happened shall be disregarded. (3) For the purposes of this Part of these Regulations, the expression “injury benefit period” means, in relation to the relevant accident, the period of one hundred and fifty–six days beginning with the day of the accident, or the part of that period for which, under Regulation 42 (2), disablement benefit in respect of the relevant accident is not available to the insured person. (4) A day shall not be treated for the purpose of injury benefit as a day of incapacity for work if it is a day in respect of which a person has not claimed or is disqualified for receiving the benefit: Provided that the fact that a day has not been so treated as a day of incapacity for work shall be disregarded for the purpose of Regulation 42 (period during which disablement benefit is not available).