3. In rule E.9 of the Scheme for paragraph (4) substitute—
“(4) In the case of a pensioner member who died before 6th April 2006, condition C is that the person is unable to engage in gainful employment because of physical or mental disability from which the person began to suffer before the age of 23.
(4A) In the case of any other member, condition C is that the person is under 23 and was at the date of the member’s death dependant on the member because of physical or mental impairment and unable because of that impairment to engage in gainful employment.”.