The Social Security Benefit (Dependency) Regulations 1977

Changes over time for: Section 11

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01/01/2014- Amendment

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There are currently no known outstanding effects for the The Social Security Benefit (Dependency) Regulations 1977, Section 11.

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Contribution to maintenance of adult dependant

11.—(1) Subject to paragraphs (2) and (3), for the purposes of [F1section 44F2...(3)(a), 45(2), [F345A,] F4... or 66(1)(a)] (increase of F5... a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a [F6spouse]) or of regulation 10(2)(b)(iii) (increase of F5... a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a F7... person having the care of a child [F8or 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 [F6spouse] or the F7... person [F9having the care of a child] [F8or 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 [F10entitled 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 [F11that spouse's or F7... 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 [F6spouse] or F7... person [F12having the care of a child] [F8or qualifying young person], as the case may be, at a weekly rate of not less than that of the increase.

[F13(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 benefitF14... under section 44(1) F15...or under section 44(3)(c) F15...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), [F16or 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.

[F17(2A) Where, within one month of having been entitled to an increase of unemployment benefit F18... 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, [F19or 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 [F20paragraphs (2) and (2A)] a person shall be deemed to have been entitled to an increase of unemployment benefit F21... 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) [F22or 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.]

[F23(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

F1Words in reg. 11(1) substituted (21.11.1983) by The Social Security Benefit (Dependency) Amendment Regulations 1983 (S.I. 1983/1001), regs. 1, 2(8)

F2Words in reg. 11(1) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(8)(a)(i)

F3Word in reg. 11(1) inserted (26.11.1984) by The Social Security Benefit (Dependency) Amendment Regulations 1984 (S.I. 1984/1698), regs. 1, 2(11)(a)

F4Words in reg. 11(1) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945), regs. 1(1), 15(6)(a)

F5Words in reg. 11(1) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(8)(a)(ii)

F6Word in reg. 11(1) substituted (21.11.1983) by The Social Security Benefit (Dependency) Amendment Regulations 1983 (S.I. 1983/1001), regs. 1, 2(8)

F7Word in reg. 11(1) omitted (26.11.1984) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1984 (S.I. 1984/1698), regs. 1, 2(11)(b)

F8Words in reg. 11(1) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(3)

F9Words in reg. 11(1)(a) inserted (26.11.1984) by The Social Security Benefit (Dependency) Amendment Regulations 1984 (S.I. 1984/1698), regs. 1, 2(11)(c)

F10Words in reg. 11(1)(a) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 4

F11Words in reg. 11(1) substituted (21.11.1983) by The Social Security Benefit (Dependency) Amendment Regulations 1983 (S.I. 1983/1001), regs. 1, 2(8)