The Social Security (Miscellaneous Amendments) Regulations 1977

Amendment of the Social Security Benefits (Dependency) Regulations 1977

5.—(1) The Social Security Benefit (Dependency) Regulations 1977 (1), as amended(2), shall be further amended in accordance with the following provisions of this regulation.

(2) For regulation 14 (increase of maternity allowance where contribution conditions are not satisfied in full), there shall be substituted the following regulation:—

“Increase of short-term benefits where contribution conditions are not satisfied in full

14.   Where benefit is payable at a reduced rate by virtue of—

(a) in the case of maternity allowance, regulation 8 of the Social Security (Maternity Benefit) Regulations 1975(3);

(b) in the case of unemployment or sickness benefit, regulation 14 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1975(4)

the amount of any increase of those benefits shall be—

(c) in the case of an increase under section 41 (child dependents), the same as if both the relevant contribution conditions were satisfied;

(d) in the case of an increase under section 44 (adult dependants), a percentage of the amount specified in relation to the benefit in question in column (3) of Part IV of Schedule 4 to the Act, the percentage being the same as that ascertained under paragraph (2) of the said regulation 8 or 14, as the case may be”.

(3) After regulation 15 there shall be inserted the following regulation:—

“Transitional provision relating to child dependency benefit for children receiving advanced education

15A.— (1) For the purpose of determining whether a person is entitled to receive child dependency benefit in respect of a child receiving advanced education after 2nd October 1977, where—

(a) that person has been entitled to receive child dependency benefit in respect of the child in respect of 31st December and for not less than 34 weeks in the period beginning on 31st December 1976 and ending on 2nd October 1977; and

(b) the child had commenced advanced education before 1st January 1977,

if for a continuous period beginning on 3rd October 1977 he—

(i) would have been entitled to receive child dependency benefit in respect of the child had he been entitled or (apart from this regulation) treated as if he were entitled to child benefit in respect of the child; and

(ii) would have been entitled or (apart from this regulation) treated as if he were entitled to child benefit in respect of the child had any education which the child is receiving not been advanced education.

he shall for that period be treated as if he were entitled to child benefit in respect of the child.

(2) In this regulation—

(a) “advanced education” has the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976(5), as amended(6);

(b) “child dependency benefit” means a benefit or an allowance or an increase of a benefit or an allowance under the Act in respect of a child, not being an increase of unemployment benefit; and

(c) “week” means a period of 7 days beginning with midnight between Saturday and Sunday”

(4) In Part II of Schedule 2 (prescribed circumstances for increase of invalid care allowance for adult dependants), in paragraph 7(b) at the end of heads (i), (ii), and (iii) the word “or” shall be deleted.

(1)

(1977 I, p. 1057).

(2)

There is no amendment relevant to the subject matter of this regulation.

(3)

S.I. 1975/553 (1975 I, p. 1910).

(4)

S.I. 1975/564 (1975 I, p. 2062).

(5)

S.I. 1976/965 (1976 II, p. 2529).

(6)

The relevant amending instrument is S.I. 1977/534 (1977 I, p. 1762).