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) has 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, and the reason for which restriction is as a direct result of the person concerned being incapable of work and for no other reason,

(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)

(i) is under pensionable age, or

(ii)

(I) was born on or after 1 January 1958 and has attained pensionable age bu

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