Paragraph 5

for paragraph (2), substitute—

“(2)

For the purposes of this article, subject to paragraph (2A), a disabled person may be deemed to be unemployable although in receipt of therapeutic earnings which are, in the opinion of the Secretary of State, unlikely to exceed per year the figure specified in paragraph 7(c) of Schedule 3 and for this purpose “therapeutic earnings” means earnings from work for no more than 16 hours per week and which in the Secretary of State’s view is not detrimental to the health of the disabled person.”;

for paragraph (2A) substitute—

“(2A)

Where before 9th April 2001 a disabled person was in receipt of therapeutic earnings as defined in the Scheme immediately before that date any such earnings he receives on and after that date shall constitute therapeutic earnings for the purpose of paragraph (2) until the disabled person ceases permanently to do the work in respect of which they are received.”;

in paragraph (5)(b), for the words after “Schedule 3, paragraph 7(b)(i)” substitute—

• “if—

  1. (i)

     the person in respect of whom the allowance is claimed has a weekly income which does not exceed the figure specified in paragraph 7(d) of Schedule 3; and

  2. (ii)

     the Secretary of State thinks fit to award the allowance, having regard to that person’s financial circumstances (including any earnings, occupational pension and social security benefits the person receives);”;

omit paragraph (7); and

in respect of decisions made before 9th April 2001, in paragraph (2) for “£3,042” substitute “£3,146”.