The Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994

Allocation of contributions for a spouse or child

3.—(1) Subject to the provisions of this regulation, for the purposes of the Contributions and Benefits Act in so far as they relate to incapacity benefit any sum paid by a person by way of contribution towards–

(a) the maintenance of his spouse;

(b) the cost of providing for a relevant child; or

(c) both that maintenance and that cost,

shall be treated for the purposes of section 81(2)(b) (conditions as to cost of providing for a child) and regulations 9 and 12 as such contributions of such respective amounts equal in the aggregate to the sum in respect of his spouse or any relevant child, as may be determined by the adjudicating authority so as to secure as large a payment as possible by way of benefit in respect of dependants.

(2) Any sum paid by way of contribution towards the maintenance of a spouse shall not be treated by virtue of this regulation as a sum paid by way of contribution towards the cost of providing for a relevant child, and any sum paid by way of contribution towards the cost of providing for a relevant child shall not be treated as a sum paid by way of contribution towards the maintenance of a spouse, unless in either case the spouse is entitled to child benefit in respect of that relevant child.

(3) In this regulation–

“adjudicating authority” means any person or body with responsibility under the Administration Act and regulations made under that Act, for the determination of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits;

“relevant child” means a child in respect of whom, in the period for which the sum in question is paid by a person, that person is entitled to child benefit or would have been so entitled had he contributed to the cost of providing for the child at a sufficient weekly rate.