(1) Part 2 of the Principal Act is amended by inserting the following Chapter after Chapter 8:

“Chapter 8A  Partial Capacity Benefit

46A. Entitlement to benefit.

(1) Subject to this Act, a person shall be entitled to partial capacity benefit where the person -

(a) has applied for that benefit,

(b) is assessed by a medical assessor as having a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work,

(c) on the day immediately before the day for which benefit is claimed -

(i) was in receipt of -

(I) illness benefit for at least 26 weeks in a period of interruption of employment, or

(II) invalidity pension, or

(ii) other than in the case of a person to whom section 46C(3)(a)(ii) applies, has exhausted the period of entitlement to partial capacity benefit provided for in section 46C or regulations made under that section,

and

(d) is under pensionable age.

(2) For the purposes of -