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

Contribution towards cost of providing for child

8.—(1) Where, apart from section 81(1), a person is entitled to receive, in respect of a particular child, an increase of incapacity benefit under any of the provisions of section 80 for any period, and neither of the conditions set out in paragraph (2) is satisfied, that person shall, for the purposes of section 81(2), be deemed as respects that period to be making the contributions so required at a weekly rate not less than that required by that section if–

(a) he gives an undertaking in writing to make such contributions; and

(b) on receiving the amount of the benefit or increase in question, he in fact makes such contributions.

(2) The conditions referred to in paragraph (1) are–

(a) that the person would be treated for the purposes of Part IX of the Contributions and Benefits Act as having the child living with him; or

(b) that contributions are being made to the cost of providing for the child at a rate equal to the amount of the relevant increase of benefit.

(3) Where, in respect of any period, a person fails to make contributions which he has undertaken to make in accordance with paragraph (1), the decision awarding the increase for that period in respect of the child shall be revised.

(4) Except in a case to which applies either–

(a) regulation 13A of the Social Security Benefit (Persons Abroad) Regulations 1975(1) (modification of the Contributions and Benefits Act in relation to title to benefit for beneficiary’s child dependants); or

(b) any regulation made under section 4(10) of the Social Security (Incapacity for Work) Act 1994 which provides, subject to the regulations for regulation 15 of the Social Security (Dependency) Regulations 1977(2) to have effect,

paragraph (b) of section 81(2) (contributions mentioned in that paragraph to be over and above those required for the purposes of section 143(1)(b)) shall not apply in a case where neither the beneficiary nor his spouse (if he has a spouse and his spouse is residing with him) is in fact entitled to child benefit in respect of the child in question.

(1)

S.I. 1975/563: the relevant amending instrument is S.I. 1977/342.

(2)

S.I. 1977/343.