The Social Security Benefit (Dependency) Regulations 1977

Provisions as to maintenance for the purposes of increase of benefit in respect of dependants

2.—(1) Subject to paragraph (2), a beneficiary shall not for the purposes of the Act be deemed to be wholly or mainly maintaining another person unless the beneficiary—

(a) when F1 ... incapable of work, or, as the case may be, [F2 entitled to a Category A or Category B retirement pension], contributes towards the maintenance of that person an amount not less than the amount of increase of benefit received in respect of that person; and

(b) when in employment, or not incapable of work, or, as the case may be, not so [F3 entitled] (except in a case where the dependency did not arise until after that time) contributed more than half of the actual cost of maintenance of that person.

(2) In a case where—

(a) a person is partly maintained by each of 2 or more other persons each of whom could be entitled to an increase of benefit under the Act in respect of that person if he were wholly or mainly maintaining that person, and

(b) the contributions made by those other persons towards the maintenance of that person amount in the aggregate to sums which, if they were contributed by one of them, would be sufficient to satisfy the foregoing requirements of this regulation,

that person shall for purposes of the Act be deemed to be wholly or mainly maintained by that one of the said other persons who—

(i) makes the larger or largest contributions to the maintenance of that person, or

(ii) in a case where no person makes the larger or largest contributions as aforesaid, is the elder or eldest of the said other persons, or

(iii) in any case, is a person designated in that behalf by a notice in writing signed by a majority of the said other persons and addressed to the Secretary of State,

so long as that one of the said other persons continues to be entitled to benefit under the Act and to satisfy the condition contained in paragraph (1)(a) of this regulation.

(3) A notice and the designation contained therein given under the foregoing paragraph may be revoked at any time by a fresh notice signed by a majority of such persons and another one of their number may be designated thereby, and accordingly the provisions of that paragraph shall apply to the one so last designated.

Textual Amendments

F1 Words in reg. 2(1)(a) 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(2)

F2 Words in reg. 2(1)(a) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 4

F3 Word in reg. 2(1)(b) substituted (1.10.1989) by The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 4