(1) Subject to this Act and to regulations made under this Act, an allowance (in this Act referred to as "farm assist") shall be payable to a farmer where -

(a) he or she has attained the age of 18 years and is under pensionable age, and

(b) his or her weekly means, subject to subsection (2), do not exceed the amount of farm assist (including any increases of farm assist) that would be payable to the farmer under this Chapter if he or she had no means.

(2) Subject to subsection (3), where the spouse, civil partner or cohabitant of a claimant for farm assist is a spouse, civil partner or cohabitant referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), or where the spouse, civil partner or cohabitant is in receipt of jobseeker's pay-related benefit, the means of the claimant shall be taken to be one-half the means.