Social Security Contributions and Benefits (Northern Ireland) Act 1992, Paragraph 6 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
6(1)The weekly rate of a disablement pension where the beneficiary is entitled to an unemployability supplement shall be increased under this paragraph for any period during which—N.I.
(a)the beneficiary is—
(i)residing with his spouse [F1or civil partner], or
(ii)contributing to the maintenance of his spouse [F1or civil partner] at the requisite rate; or
(b)a person—
(i)who is neither the spouse [F1or civil partner] of the beneficiary nor a child [F2or qualifying young person], and
(ii)in relation to whom such further conditions as may be prescribed are fulfilled,
has the care of [F3one or more children or qualifying young persons] in respect of whom the beneficiary is entitled to child benefit.
(2)The amount of the increase under this paragraph shall be that specified in Schedule 4, Part V, paragraph 8 and the requisite rate for the purposes of sub-paragraph (1)(a) above is a weekly rate not less than that amount.
(3)Regulations may provide that, for any period during which—
(a)the beneficiary is contributing to the maintenance of his or her spouse [F4or civil partner] at the requisite rate, and
(b)the weekly earnings of the spouse [F4or civil partner] exceed such amount as may be prescribed,
there shall be no increase of benefit under this paragraph.
(4)Regulations may provide that, for any period during which the beneficiary is residing with his or her spouse [F5or civil partner] and the spouse [F5or civil partner] has earnings—
(a)the increase of benefit under this paragraph shall be subject to a reduction in respect of the spouse’s [F6or civil partner's] earnings; or
(b)there shall be no increase of benefit under this paragraph.
(5)Regulations may, in a case within sub-paragraph (1)(b) above in which the person there referred to is residing with the beneficiary and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this paragraph, but subject, taking account of the earnings of the person residing with the beneficiary, other than such of that person’s earnings from employment by the beneficiary as may be prescribed, to provisions comparable to those that may be made by virtue of sub-paragraph (4) above.
(6)Regulations under this paragraph may, in connection with any reduction or extinguishment of an increase in benefit in respect of earnings, prescribe the method of calculating or estimating the earnings.
(7)A beneficiary shall not be entitled to an increase of benefit under this paragraph in respect of more than one person for the same period.
Textual Amendments
F1Words in Sch. 7 para. 6(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 105(4)(a); S.I. 2005/3255, art. 2(1), Sch.
F2Words in Sch. 7 para. 6(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 42(4)(a)
F3Words in Sch. 7 para. 6(1) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 42(4)(b)
F4Words in Sch. 7 para. 6(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 105(4)(a); S.I. 2005/3255, art. 2(1), Sch.
F5Words in Sch. 7 para. 6(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 105(4)(a); S.I. 2005/3255, art. 2(1), Sch.
F6Words in Sch. 7 para. 6(4)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 105(4)(b); S.I. 2005/3255, art. 2(1), Sch.
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