C64

Prospective amending provision: section inserted by Social Welfare and Pensions Act 2008 (2/2008), s. 12(a), not commenced as of date of revision.

F983[161J.— (1) The following rules apply for the purpose of calculating the amount of blind welfare allowance payable to a person (‘the claimant’):

(a) subject to paragraph (b), where the claimant and the claimant’s spouse are members of the same household, their means shall be aggregated and shall be regarded as the means of the claimant,

(b) where the claimant and the claimant’s spouse are both in receipt of blind pension under Chapter 5 of this Part or both satisfy the requirements of section 161G(1)(c), the means of the claimant shall be taken to be one-half of the aggregated means of both of them.

(2) For the purposes of subsection (1), a person is the spouse of the claimant if the claimant and that person are—

(a) husband and wife, or

(b) a man and woman who are not married to each other but are cohabiting as husband and wife. ]