Article 2 Amendment of principal Order

in paragraph (1)–

at the end of paragraph (2), there shall be added the following sub-paragraph:–

“(k)

incapacity benefit under section 40 or 41 of the Social Security Contributions and Benefits Act 1992^f1.”; and

the following paragraphs shall be added after paragraph (2):–

“(3)

The requirements in this paragraph are–

(a)

that the person in question has reached pensionable age as defined for the purposes of Parts I to VI of the Social Security Contributions and Benefits Act 1992; and

(b)

that, had he not reached pensionable age, he would have been entitled to one of the benefits listed in paragraph (2) above.

(4)

A qualifying person is a person whose partner is in receipt of jobseeker’s allowance in a case where, by virtue of that person’s incapacity for work, the applicable amount for the purposes of regulation 83 or 84 of the Jobseeker’s Allowance Regulations 1996^f2 includes a premium which falls to be determined under head (d) or (g) of paragraph 14(1) of Schedule 1 to those Regulations.”.