2.—(1) Where the higher pensioner premium was applicable to a person on 12th April 1995, or at any time during the 56 days immediately preceding that date, by virtue of paragraph 13(1)(a)(ii) of Schedule 1 to the 1992 Regulations(1), as in force on that date, paragraph 10 of Schedule 1 to these Regulations, in so far as it applies to the person, applies subject to the modifications in sub-paragraph (2).
(2) The modifications are—
(a)in paragraph 10(1)(a)(i), for the words “long-term incapacity benefit” where they first appear, substitute “an invalidity pension” and for the words “in the case of long-term incapacity benefit”, substitute “in the case of invalidity pension”;
(b)in paragraph 10(1)(a)(ii) for the words “long-term incapacity benefit” substitute “invalidity pension”;
(c)for paragraph 10(1)(b), substitute—
“(b)the circumstances of the applicant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (5) or, if the person was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions.”;
(d)in paragraph 10(3), for the words “or to be incapable of work”, substitute “for the purposes of the provisions specified in that provision”;
(e)for sub-paragraphs (6) and (7), substitute—
“(6) For the purposes of sub-paragraph (1)(b) the circumstances of an applicant fall within this sub-paragraph if—
(a)the applicant provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976(2) (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 31, 33 or 68 of the 1992 Act, provided that an adjudication officer has not determined the applicant is not incapable of work, or
(b)the applicant is in receipt of statutory sick pay within the meaning of Part 11 of the 1992 Act.”.
S.I. 1976/615 as relevantly amended by S.I. 2012/137.