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The Social Security Benefit (Dependency) Regulations 1977

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PART IIIADULT DEPENDANTS

[F1Earnings rules for increases for adult dependants

8.—(1) This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse who is residing with the beneficiary and the increase is claimed under any of the following provisions of the Contributions and Benefits Act–

(a)section 83(2) (increase of Category A or Category C retirement pension F2... in respect of a wife); [F3or]

(b)section 84(1) (increase of Category A retirement pension in respect of a husband); F4...

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(1A) This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse or a civil partner who, in either case, is residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(i) of Schedule 7 to the Contributions and Benefits Act (increase of disablement pension in respect of a spouse or civil partner where beneficiary entitled to unemployability supplement).]

(2) Where paragraph (1) [F7or (1A)] applies, there shall be no increase of benefit for any period during which the beneficiary is residing with his spouse [F8or civil partner] and his spouse [F8or civil partner] has earnings if the earnings of the spouse [F8or civil partner] in the week in that period which falls immediately before the week in which the beneficiary is entitled to benefit under any provision specified in paragraph (1) exceed [F9the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(3) Where the person referred to in section 85(2) of the Contributions and Benefits Act (“the dependant”) is residing with the pensioner, the weekly rate of a pension to which section 85 of that Act applies shall be increased by the amount specified in relation to that pension in column 3 of Part IV of Schedule 4 to that Act but there shall be no increase of pension for any period–

(a)during which the pensioner is residing with the dependant; and

(b)the dependant has earnings,

if the earnings of the dependant in the week in that period which falls immediately before the week in which the pensioner is entitled to the pension exceed [F10the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(4) Where the person referred to in paragraph 6(1)(b) of Schedule 7 to the Contributions and Benefits Act (“the dependant”) is residing with the beneficiary, the weekly rate of the disablement pension to which that paragraph applies shall be increased by the amount referred to in paragraph 8 of Part V of Schedule 4 to that Act but there shall be no increase of disablement pension for any period–

(a)during which the beneficiary is residing with the dependant; and

(b)the dependant has earnings,

if the earnings of the dependant in the week in that period which falls immediately before the week in which the beneficiary is entitled to a disablement pension exceed [F10the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(5) In determining the earnings of a dependant for the purposes of paragraphs (3) and (4), no account shall be taken of any earnings of that person from employment by the pensioner or the beneficiary as the case may be in caring for a child or children in respect of whom the pensioner or the beneficiary is entitled to child benefit.

(6) Where an increase of benefit is claimed in respect of a spouse [F11or civil partner] who is not residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(ii) of Schedule 7 to the Contributions and Benefits Act there shall be no increase of benefit for any period during which the beneficiary is contributing to the maintenance of the spouse [F11or civil partner] at a rate less than the standard rate of the increase and the weekly earnings of the spouse [F11or civil partner] exceed that rate.

(7) In this regulation–

(a)“week” means–

(i)in relation to Category A or Category C retirement pension the period of 7 days beginning with the day on which in accordance with the provisions of regulation 22 of and paragraph 5 of Schedule 6 to the Social Security (Claims and Payments) Regulations 1987 is the day for payment of the retirement pension in question; and

(ii)in relation to any other benefit [F12any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid or ending on the day before the first day of the first such week following the date of claim ]; and

(b)any reference to earnings includes a reference to payments by way of occupational or personal pension.]

Textual Amendments

F1Reg. 8 substituted (5.12.1992) by The Social Security Benefit (Dependency) Amendment Regulations 1992 (S.I. 1992/3041), regs. 1(1), 3 (with reg. 4)

Increase of benefit for dependent relatives and further conditions applicable

F139.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F14Apportionment of payments by way of occupational pension made otherwise than weekly

9A.  [F15For the purposes of section 89(1) of, and paragraph 7(1) of Schedule 7 to, the Contributions and Benefits Act, where payment by way of occupational or personal pension, or for the purposes of section 89(1A) of that Act by way of PPF periodic payment,] is for any period made otherwise than weekly, the amount of any such payment for any week in that period shall be determined –

(a)where payment is made for a year, by dividing the total by 52;

(b)where payment is made for three months, by dividing the total by 13;

(c)where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d)where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e)in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.]

Textual Amendments

Increase of benefit for F16... person having care of child [F17or qualifying young person]

10.—(1) Subject to the provisions of section 44 (increase F18... of a maternity allowance), section 46 (increase of a Category A or Category C retirement pension F19...), or section 66 (increase F20... of a disablement pension where the beneficiary is entitled to an unemployability supplement), this regulation shall apply for the purpose of determining whether a beneficiary is entitled to an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a F16... person who has the care of a child or children [F21or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefit.

(2) A beneficiary shall not be entitled to an increase under the said section 44(3)(c), 46(2) or 66(1)(d) unless the F16... person referred to in those sections—

(a)has the care of such a child [F22or qualifying young person] as is referred to in those sectionsF23...

(b)either—

(i)is residing with the beneficiary, or

(ii)is employed by him in an employment in respect of which the weekly expenses incurred by the beneficiary are not less than the standard rate of increase and was so employed by him before he became F24... incapable of work or [F25entitled to a Category A or Category B retirement pension], as the case may be, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for [F26the] employment first arose thereafter; or

(iii)is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase; and

(c)subject to paragraph (3), is not absent from Great Britain; and

(d)is not undergoing imprisonment or detention in legal custody; and

[F27(e) either –

(i)has no earnings or has earnings but they do not exceed the standard rate of increase (there being disregarded for this purpose any earnings derived from employment by the beneficiary in caring for a child or children [F28or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefit), or

(ii)is employed by the beneficiary in caring for such child or children [F29or qualifying young person or persons] and is not residing with him;]

F30( f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of F19...F31... any pension to which this regulation applies, the condition referred to in sub-paragraph (c) of paragraph (2) shall not apply as respects any period during which the said F32... person is residing with the beneficiary outside Great Britain and for which by virtue of the provisions of any regulations made under section 82(5) (disqualification) or 131 (persons outside Great Britain) the beneficiary is not disqualified for receiving that benefit.

F33(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Word in heading to and reg. 10(1)(2) omitted (26.11.1984) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1984 (S.I. 1984/1698), regs. 1, 2(5)

Contribution to maintenance of adult dependant

11.—(1) Subject to paragraphs (2) and (3), for the purposes of [F35section 44F36...(3)(a), 45(2), [F3745A,] F38... or 66(1)(a)] (increase of F39... a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a [F40spouse]) or of regulation 10(2)(b)(iii) (increase of F39... a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a F41... person having the care of a child [F42or qualifying young person])—

(a)a beneficiary shall not be deemed to satisfy the requirement contained in the said sections or the said regulation that he is contributing to the maintenance of the [F40spouse] or the F41... person [F43having the care of a child] [F42or qualifying young person], as the case may be, at a weekly rate of not less than the standard rate of increase unless when in employment, or not incapable of work, or not [F44entitled to a Category A or Category B retirement pension], as the case may be (except in a case where the dependency did not arise until later), he contributed to [F45that spouse's or F41... person's] maintenance at a weekly rate of not less than the standard rate of increase;

(b)in a case where an increase of benefit is, apart from the said requirement, payable at a weekly rate less than the standard rate of increase, a beneficiary shall, subject to sub-paragraph (a) above, be deemed to satisfy the said requirement if he is contributing to the maintenance of the [F40spouse] or F41... person [F46having the care of a child] [F42or qualifying young person], as the case may be, at a weekly rate of not less than that of the increase.

[F47(1A) Subject to paragraphs (2) and (3), for the purposes of section 82 of, and paragraph 6(1)(a)(i) of Schedule 7 to, the Contributions and Benefits Act (increase of maternity allowance and increase of disablement pension where beneficiary entitled to unemployability supplement) a beneficiary shall not be deemed to satisfy the requirement contained in those provisions (that he is contributing to the maintenance of his civil partner at a weekly rate of not less than the standard rate of increase) unless when in employment, or not incapable of work, or not entitled to a Category A or a Category B retirement pension, as the case may be (except in a case where the dependency did not arise until later), he contributed to his civil partner's maintenance at a weekly rate not less than the standard rate of increase.]

(2) Where, within one month of having been entitled to an increase of unemployment benefitF48... under section 44(1) F49...or under section 44(3)(c) F49...by virtue of having satisfied the requirement in head (iii) of sub-paragraph (b) of regulation 10(2) (but no other requirement in that sub-paragraph), [F50or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,] a person becomes entitled to a benefit which attracts a standard rate of increase higher than that of the benefit to which he had been entitled, he shall be deemed to satisfy the condition in paragraph (1)(a) if he satisfies it in relation to the benefit to which he had been entitled; and in this paragraph “entitled” includes deemed to have been entitled.

[F51(2A)  Where, within one month of having been entitled to an increase of unemployment benefit F52... under section 44(3)(a) by virtue of contributing to the maintenance of her husband at a weekly rate not less than the standard rate of the increase, [F53or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,] a woman becomes entitled to a benefit which attracts a standard rate of increase higher than that of the benefit to which she had been entitled, she shall be deemed to satisfy the condition in paragraph (1)(a) if she satisfies it in relation to the benefit to which she had been entitled, and in this paragraph “entitled” includes deemed to have been entitled.]

(3) For the purposes of [F54paragraphs (2) and (2A)] a person shall be deemed to have been entitled to an increase of unemployment benefit F55... at a lower standard rate of increase if (assuming satisfaction of the relevant contribution conditions) he would have been so entitled but for the provisions of section 44(1)(b) or, as the case may be, regulation 10(2)(e) [F56or the condition of section 44(3)(a) that her husband is not engaged in any one or more employments from which his weekly earnings exceed the standard rate of increase.]

[F57(4) Where a person has been entitled to an addition to a contribution-based jobseeker’s allowance under regulation 9(4) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 by virtue of having satisfied the requirements for an increase of unemployment benefit referred to in paragraphs (2), (2A) or (3), he shall be treated for the purposes of those paragraphs as if he had been entitled to an increase of unemployment benefit.]

Textual Amendments

F49Words in reg. 11(2) omitted (6.4.1987) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1987 (S.I. 1987/355) regs. 1, 4(a)

F54Words in reg. 11(3) substituted (6.4.1987) by The Social Security Benefit (Dependency) Amendment Regulations 1987 (S.I. 1987/355) regs. 1, 4(c)

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