214.—(1) Subject to this Act and to regulations made under this Act, an allowance (in this Act referred to as “farm assist”) shall be payable to a farmer where—

(a) he or she has attained the age of 18 years and is under pensionable age, and

(b) his or her weekly means, subject to subsection (2), do not exceed the amount of farm assist (including any increases of farm assist) that would be payable to the farmer under this Chapter if he or she had no means.

[1999 s15]

F1206[(2) Subject to subsection (3), where the spouse F1207[, civil partner or cohabitant] of a claimant for farm assist is a spouse F1207[, civil partner or cohabitant] referred to in any of subparagraphs (iii) to (vii) of F1208[section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker’s pay related benefit,], the means of the claimant shall be taken to be one-half the means.]

F1209[(3) Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of farm assist and the spouse of the claimant for farm assist is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.

(4) Where the means of a claimant are calculated at any time in accordance with subsection (3) and are subsequently calculated in accordance with subsection (2), subsection (3) shall no longer apply to the claimant.

(5) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (3) ceases to be entitled to or in receipt of farm assist, subsection (2) shall apply to any subsequent claims.]

F1210[(6) Where the spouse F1207[, civil partner or cohabitant] of a claimant for farm assist is a spouse F1207[, civil partner or cohabitant] referred to in Part 6, and is in receipt of a payment under Part 6, the means of the claimant shall be taken to be one-half the means.]