24. After note 52, insert—
“52A. Answer “Yes” to this question if—
(i) you are, or your partner is, aged less than 60 and one or more of the following conditions is satisfied:
(a)you receive, or your partner receives, attendance allowance, disability living allowance, disability working allowance, mobility supplement, long-term incapacity benefit, or severe disablement allowance (but in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of the person receiving the benefit or allowance);
(b)you have, or your partner has, ceased to receive long-term incapacity benefit (or, if paragraph (ii) applies, you or your partner ceased to receive invalidity pension before 13th April 1995) because of payment of a retirement pension and, in the case of your partner, he/she is still a member of your family;
(c)you were, or your partner was, in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended under section 113(2) of the Social Security Contributions and Benefits Act 1992;
(d)you are, or your partner is, provided with an invalid carriage or other vehicle or a grant for such a vehicle, under English and Welsh or Scottish legislation;
(e)you are, or your partner is, a registered blind person or ceased to be so registered not more than 28 weeks ago;
(f)(i)you are incapable of work under Part XIIA of the Social Security Contributions and Benefits Act 1992; and
you have been incapable of work, or been treated as incapable of work, for at least the last 364 days continuously or, if terminally ill, for at least the last 196 days continuously (include any period of incapacity falling before 13th April 1995 and satisfying condition (f)(ii) below; and disregard any break or breaks each of up to 56 days between periods of incapacity and, once you have completed the qualifying period, any period of employment training or of receipt of a training allowance); or
(ii)immediately before 13th April 1995 you or your partner, in respect of a continuous period of not less than 28 weeks,
provided evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (or comparable Northern Ireland legislation) as then in force 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 Social Security Contributions and Benefits Act 1992 (or comparable Northern Ireland legislation) as then in force, provided that an adjudication officer had not determined that you or, as the case may be, your partner was not incapable of work, or
were in receipt of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 as then in force;
and from 13th April 1995 you have or, as the case may be, your partner has continued to be incapable of work in accordance with Part XIIA of the Social Security Contributions and Benefits Act 1992 continuously (disregard any break or breaks each of up to 56 days between periods of incapability);
(ii) you are, or your partner is, aged less than 80 but not less than 60 and one or more of conditions (a) to (f) in paragraph (i) is satisfied (but in the case of condition (f)(i), once you have completed the qualifying period, any period of employment training or of receipt of a training allowance may not be disregarded); or
(iii) paragraph (i) or (ii) would apply to your partner, but for your partner being treated as capable of work by a determination under section 171E of the Social Security Contributions and Benefits Act 1992; or
(iv) you have been, or been treated as, incapable of work under Part XIIA of the Social Security Contributions and Benefits Act 1992 for a continuous period of at least 196 days (disregard any break or breaks each of up to 56 days between periods of incapacity); or
(v) one or more of the following (including Northern Ireland equivalents) is payable for you or your partner:
(a)long-term incapacity benefit;
(b)short-term incapacity benefit at the higher rate;
(c)attendance allowance;
(d)severe disablement allowance;
(e)disability living allowance;
(f)increase of disablement pension for constant attendance;
(g)a pension increase under a war pension scheme or industrial injuries scheme for attendance, constant attendance, or which is analogous to disability living allowance; or
(vi) one of (v)(b), (e), (f) or (g) was payable on account of your or your partner’s incapacity but ceased to be payable as a result of you or he/she receiving free medical or other treatment as an in-patient in an NHS hospital or similar institution or under arrangements made by an NHS body or the Secretary of State (please note: a person serving a sentence of imprisonment or of detention in a youth custody institution does not count as an “in-patient”); or
(vii) you or your partner are provided with an invalid carriage or other vehicle or receive an allowance for such a vehicle (including where the carriage, vehicle or allowance is provided under Northern Ireland legislation).”.