The Social Security (Incapacity Benefit)(Transitional) Regulations 1995

Transitional provision for the treatment of earnings in respect of increases of short-term incapacity benefit for dependantsE+W+S

16. Where—(a) on or after the appointed day no increase of short-term incapacity benefit is payable for—

(i)an adult dependant as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependants) of the Increases for Dependants Regulations; or

(ii)a child dependant as a consequence of section 80(3) and (4) of the 1992 Act and regulation 5 of the Increases for Dependants Regulations; and

(b)the earnings which caused there to be no payment of an increase in paragraph (a) had already resulted in no payment of an increase before the appointed day,

a payment of an increase shall be made as if the provisions in the 1992 Act in force immediately before the appointed day continued to have effect in respect of those earnings and the 1994 Act had not been enacted and regulations 5 and 10 of the Increases for Dependants Regulations had not come into force.