217.—(1) Where one of a couple is entitled to F1214[illness benefit], F1215[jobseeker’s benefit], F1216[jobseeker’s benefit (self-employed),] injury benefit, disablement pension, F1217[State pension (contributory)], F1218[State pension (non-contributory)], F1219[State pension (transition)] or invalidity pension and the other is entitled to farm assist, the total of the amount payable to them by way of that benefit or pension and farm assist (in this subsection referred to as “the relevant amount”) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of farm assist (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as “the greater amount”) that would be payable if only one of the couple were in receipt of benefit, pension or farm assist, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of farm assist payable to the spouse F1220[, civil partner or cohabitant] who is entitled to such farm assist shall be reduced by the amount of the excess.

F1221[(1A) Notwithstanding any other provision in this Chapter, where one of a couple is entitled to jobseeker’s pay related benefit and the other is entitled to farm assist, the total of the amount payable to them by way of jobseeker’s pay-related benefit and farm assist combined shall not be less than the total amount of farm assist (including any increases thereof, where appropriate) that would be payable if only one of the couple were in receipt of a payment in respect of jobseeker’s allowance.

(1B) Where means other than jobseeker’s pay-related benefit are assessed for the purposes of this Chapter, subsection (1A) shall not apply in respect of such other means.]

[1999 s15; 2001 s16(1)(b)]

(2) Where one of a couple is entitled to F1222[jobseeker’s allowance], pre-retirement allowance or farm assist and the other is entitled to farm assist, the total amount payable to them under this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid F1222[jobseeker’s allowance], pre-retirement allowance or farm assist, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

[1999 s15]

F1223[(3) In this section ‘couple’ means—

(a) a married couple who are living together,

(b) both civil partners of a civil partnership who are living together, or

(c) both cohabitants.]