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Version status: In force | Document consolidation status: No known changes
Version date: 7 January 2011 - onwards
Version 2 of 2

6. Increases in disablement pension.

(1) The Principal Act is amended -

(a) in section 3(10) by substituting "76(3), 77A" for "76(3)",

(b) by substituting the following section for section 77 (amended by section 8(2) of the Act of 2010):

"77. Increase of disablement pension on account of incapacity. 

(1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

(2)

(a) For the purposes of this section, a person may be treated as being incapable of work, and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent the person being capable of work, where it is likely to restrict him or her to earning not more than the amount that may be prescribed.

(b) In paragraph (a) the reference to 'earning' includes a reference to receiving any remuneration or profit derived from gainful occupation.