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

Transitional provision for the treatment of earnings in respect of increases of long-term incapacity benefit for dependents

26.  Where—

(a) on or after the appointed day—

(i) no increase or a reduced amount of the rate of increase of long-term incapacity benefit is payable for an adult dependent as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependents) of the Increases for Dependants Regulations, or

(ii) no increase of long-term incapacity benefit is payable for a child dependent as a consequence of section 80(3) and (4) and regulation 5 of the Increases for Dependants Regulations;

(b) in a case where the increase for an adult dependent is reduced, the amount of reduction would have been less had the Order and regulations 5 and 10 of the Increases for Dependants Regulations not come into operation; and

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

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