The Social Security Benefit (Dependency) Regulations 1977

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security Benefit (Dependency) Regulations 1977 and shall come into operation on 4th April 1977, immediately after the coming into operation of the Social Security (Child Benefit Consequential) Regulations 1977.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1975;

“the Child Benefit Act” means the Child Benefit Act 1975;

[F1 “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

“entitled to child benefit” includes treated as so entitled;

“parent” has the meaning assigned to it by section 24(3) of the Child Benefit Act;

[F2 “determining authority” means, as the case may require, the Secretary of State, [F3 the First-tier Tribunal or the Upper Tribunal;]]

“the standard rate of increase” means the amount specified in Part IV or Part V of Schedule 4 to the Act as the amount of an increase for an adult dependant of the benefit in question,

and other expressions have the same meanings as in the Act.

[F4 (3) Regulations 2(2) and (3), 4 and 5(1) shall, with any necessary modifications, apply to [F5 carer’s allowance] as they apply to retirement pension.]

[F6 (3A) Nothing in these Regulations applies for the purposes of incapacity benefit under section 30A of the Contributions and Benefits Act.]

(4) Unless the context otherwise requires, any reference in these regulations to—

(a) a numbered section is to the section of the Act bearing that number;

(b) a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;

(c) any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.

(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument and in relation to any revocation effected by it as if this instrument, the regulations revoked by it and any regulations revoked by the regulations so revoked were Acts of Parliament, and as if each revocation were a repeal.

Textual Amendments

F1 Words in reg. 1(2) inserted (5.12.1992) by The Social Security Benefit (Dependency) Amendment Regulations 1992 (S.I. 1992/3041), regs. 1(1), 2

F2 Words in reg. 1(2) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), arts. 3(1)(2), Sch. 2 para. 1

F3 Words in reg. 1(2) substituted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 7

F4 Reg. 1(3) substituted (13.4.1995) by The Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945), regs. 1(1), 15(2)(a)

F5 Words in reg. 1 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 12

F6 Reg. 1(3A) inserted (13.4.1995) by The Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945), regs. 1(1), 15(2)(b)