The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995

Further provisions for dependents in respect of the application of old saving provisions

25.—(1) In relation to transitional cases where the rate of incapacity benefit falls to be calculated by reference to the rate of dependency allowance paid or payable before the appointed day, the old saving provisions referred to in paragraph (2) shall continue to have effect subject to the following provisions.

(2) The old saving provisions referred to in paragraph (1) are—

(a) regulation 18 of the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(1);

(b) regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations (Northern Ireland) 1984(2);

(c) regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1984(3);

(d) regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) (Amendment) Regulations (Northern Ireland) 1989(4);

(e) regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992(5); and

(f) any administrative provision which before the appointed day enabled a concessionary payment to be made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act (increases for dependents) as a consequence of any one of the regulations referred to in sub-paragraphs (a) to (f) ceasing to apply to an increase due to attendance on a training course.

(3) The old saving provisions referred to in paragraph (2) shall cease to have effect when—

(a) no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days;

(b) no increase is paid for a dependent for a continuous period of at least 57 days in a period of incapacity for work;

(c) in a case where regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 applies, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days; or

(d) in a case where a concessionary payment was made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act as a consequence of regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland)1992 ceasing to apply due to attendance on a training course, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days.

(4) Regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 shall not apply in any week to a case where a dependent has earnings which exceed £81.50 per week.

(5) Where an increase is payable as a consequence of a concessionary payment made to compensate for non-payment of an increase under Part IV of the Contributions and Benefits Act as a consequence of regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1992 ceasing to apply due to attendance on a training course, no payment shall be made in any week where a dependent has earnings which exceed £81.50 per week.

(1)

S.R. 1977 No. 74

(2)

S.R. 1984 No. 381

(3)

S.R. 1984 No. 373

(4)

S.R. 1989 No. 381

(5)

S.R. 1992 No. 521