[F1Earnings factor credit eligibility for pensioners to whom section 1A of the 2007 Act appliedE+W+S

5C.—(1) For the purposes of section 44C(3) (earnings factor credits) of the Contributions and Benefits Act, a pensioner is eligible for earnings factor enhancement in respect of a week to which paragraph (2) applies.

(2) This paragraph applies to a week in which, in relation to the pensioner concerned, each of the days would have been—

(a)a day of limited capability for work; or

(b)a day on which that pensioner would have been treated as having limited capability for work,

for the purposes of Part 1 of the 2007 Act (limited capability for work) where that pensioner would have been entitled to an employment and support allowance but for the application of section 1A of the 2007 Act.]