C3Part IV Increases for dependants
Child dependants
F21F3680 Beneficiary’s dependent children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2281 Restrictions on increase - child not living with beneficiary, etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adult dependants
82 Short-term benefit: increase for adult dependants.
1
Subject to section 61 above and section 87 below, the weekly rate of unemployment benefit F1. . .it shall be increased by the amount specified in relation to the F2that benefit in Schedule 4, Part IV, column (3), for any period during which—
a
the beneficiary is—
i
residing with his wife, or
ii
contributing to the maintenance of his wife at a weekly rate not less than that amount; and
b
his wife does not have weekly earnings which exceed that amount.
F32
Subject, in particular, to subsection (5) and section 87 below, the weekly rate of a maternity allowance shall be increased by the amount specified in relation to that benefit in Schedule 4, Part IV, column (3) (“the amount of the relevant increase”) for any period to which this subsection applies by virtue of subsection (3) or (4) below.
3
Subsection (2) above applies by virtue of this subsection to any period during which—
a
the beneficiary’s husband F25or civil partner does not have weekly earnings which exceed the amount of the relevant increase, and
4
Subsection (2) above applies by virtue of this subsection to any period during which a person—
a
b
in respect of whom such further conditions as may be prescribed are fulfilled,
has the care of F35one or more children or qualifying young persons in respect of whom the beneficiary is entitled to child benefit.
5
A beneficiary shall not under subsection (2) above be entitled for the same period to an increase of benefit in respect of more than one person.
F3783 Pension increase (wife).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3884 Pension increase (husband).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3985 Pension increase (person with care of children or qualifying young persons).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86AF5 Incapacity benefit: increase for adult dependants.
1
The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3).
2
Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.
C187 Rate of increase where associated retirement pension is attributable to reduced contributions.
1
Where a person—
F6a
is entitled to short-term incapacity benefit under section 30A(2)(b) above; and
b
would have been entitled only by virtue of section 60(1) above to the retirement pension by reference to which the rate of that benefit F7. . . is determined,
F8the amount of any increase of the benefit attributable to sections 82 to 86A above shall be determined in accordance with regulations under this section.
2
The regulations shall not provide for any such increase in a case where the retirement pension by reference to which the rate of the said benefit F7. . . is determined—
a
would have been payable only by virtue of section 60 above; and
b
would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension.
F988 Increases to be in respect of only one adult dependant.
A person shall not F40by virtue of section 86A above be entitled for the same period to an increase of benefit in respect of more than one person.
Miscellaneous
C289 Earnings to include occupational and personal pensions F33etc. for purposes of provisions relating to increases of benefits in respect of F20... adult dependants.
1
F291A
Except as may be prescribed, in F42sections 82 and 86A above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of PPF periodic payments.
2
For the purposes of the provisions mentioned in F30subsections (1) and (1A) above, the Department may by regulations provide, in relation to cases where payments by way of occupational or personal pension F31or PPF periodic payments are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.
F323
In this section “PPF periodic payments” means—
a
any periodic compensation payments made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or
b
any periodic payments made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.),
other than payments made to a surviving dependant of a person entitled to such compensation.
90 Beneficiaries under sections 68 and 70.
The weekly F11rate
b
of F12a carer’s allowance ,
91 Effect of trade disputes on entitlement to increases.
1
A beneficiary shall not be entitled—
a
to an increase in any benefit F14under or by virtue of sections 82 to 88 above; or
b
to an increase in benefit F24... by virtue of regulations under section 90 above,
if the person in respect of whom he would be entitled to the increase falls within subsection (2) below.
F152
A person falls within the subsection if—
a
he is prevented for being entitled to a jobseeker’s allowance by Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes); or
b
he would be so prevented if he were otherwise entitled to that benefit.
92 Dependency increases: continuation of awards in cases of fluctuating earnings.
1
Where a beneficiary—
a
has been awarded an increase of benefit under this Part of this Act, but
b
ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount,
then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount.
2
In this section the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.
93 Dependency increases on termination of employment after period of entitlement to disability working allowance.
Where—
F16a
a person becomes entitled—
i
to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above;. . .
F17ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
when he was last entitled to that F18benefit. . ., it was increased in respect of a dependant by virtue of—
i
regulation 8(6) of the M1Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977;
ii
regulation 3 of the M2Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1984;
iii
regulation 2 of the M3Social Security (Savings for Existing Beneficiaries) Regulations (Northern Ireland) 1984; or
iv
regulation 4 of the M4Social Security Benefit (Dependency and Computation of Earnings) (Amendment) Regulations (Northern Ireland) 1989,
for the purpose of determining whether his F18benefit. . . should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his F18benefit. . ., the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his F18benefit. . . was previously payable and the day on which he again becomes entitled to it.
Pt. IV (ss. 80-93): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).