The Social Security Benefit (Dependency) Regulations 1977

Changes over time for: Section 10

Alternative versions:

01/01/2014- Amendment

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This revised version has been created from an electronic version contributed by Westlaw which was originally derived from the printed publication. Read more

Changes to legislation:

There are currently no known outstanding effects for the The Social Security Benefit (Dependency) Regulations 1977, Section 10.

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Increase of benefit for F1... person having care of child [F2or qualifying young person]

10.—(1) Subject to the provisions of section 44 (increase F3... of a maternity allowance), section 46 (increase of a Category A or Category C retirement pension F4...), or section 66 (increase F5... of a disablement pension where the beneficiary is entitled to an unemployability supplement), this regulation shall apply for the purpose of determining whether a beneficiary is entitled to an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a F1... person who has the care of a child or children [F6or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefit.

(2) A beneficiary shall not be entitled to an increase under the said section 44(3)(c), 46(2) or 66(1)(d) unless the F1... person referred to in those sections—

(a)has the care of such a child [F7or qualifying young person] as is referred to in those sectionsF8...

(b)either—

(i)is residing with the beneficiary, or

(ii)is employed by him in an employment in respect of which the weekly expenses incurred by the beneficiary are not less than the standard rate of increase and was so employed by him before he became F9... incapable of work or [F10entitled to a Category A or Category B retirement pension], as the case may be, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for [F11the] employment first arose thereafter; or

(iii)is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase; and

(c)subject to paragraph (3), is not absent from Great Britain; and

(d)is not undergoing imprisonment or detention in legal custody; and

[F12(e) either –

(i)has no earnings or has earnings but they do not exceed the standard rate of increase (there being disregarded for this purpose any earnings derived from employment by the beneficiary in caring for a child or children [F13or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefit), or

(ii)is employed by the beneficiary in caring for such child or children [F14or qualifying young person or persons] and is not residing with him;]

F15( f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of F4...F16... any pension to which this regulation applies, the condition referred to in sub-paragraph (c) of paragraph (2) shall not apply as respects any period during which the said F17... person is residing with the beneficiary outside Great Britain and for which by virtue of the provisions of any regulations made under section 82(5) (disqualification) or 131 (persons outside Great Britain) the beneficiary is not disqualified for receiving that benefit.

F18(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Word in heading to and reg. 10(1)(2) omitted (26.11.1984) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1984 (S.I. 1984/1698), regs. 1, 2(5)

F2Words in reg. 10 heading added (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(2)(a)

F3Words in reg. 10(1) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(7)(a)

F4Words in reg. 10(1)(3) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945), regs. 1(1), 15(5)(a)(b)

F5Words in reg. 10(1) omitted (6.4.1983) by virtue of The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 7(3)

F6Words in reg. 10(1) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(2)(b)

F7Words in reg. 10(2)(a) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(2)(c)(i)

F8Words in reg. 10(2)(a) omitted (26.11.1984) by virtue of The Social Security Benefit (Dependency, Claims and Payments and Hospital In-Patients) Amendment Regulations 1984 (S.I. 1984/1699), regs. 1, 3(b)

F9Words in reg. 10(2)(b)(ii) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(7)(b)