Part IVN.I. Increases for dependants
Modifications etc. (not altering text)
C1Pt. 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).
Child dependantsN.I.
F1F280 Beneficiary’s dependent children.N.I.
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Textual Amendments
F1S. 80 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2 and see also Welfare Reform Act (Northern Ireland) 2010 (c. 13), s. 30(1))
F2S. 80 (as saved) amended (coming into force in accordance with art. 1(1)(d) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2019 (S.R. 2019/58), arts. 1(1)(d), 8
F381 Restrictions on increase - child not living with beneficiary, etc.N.I.
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Textual Amendments
F3S. 81 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2 and see also Welfare Reform Act (Northern Ireland) 2010 (c. 13), s. 30(1))
Adult dependantsN.I.
F482 Short-term benefit: increase for adult dependants.N.I.
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Textual Amendments
F4S. 82 repealed (with effect from 14.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 14(1)(a), 36(1)(d)(p), Sch. 4 Pt. 2 (with ss. 14(2), 34(2)(a))
F583 Pension increase (wife).N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 83 repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(1)(a), Sch. 6 Pt. 2 (with s. 4(5)-(8))
F684 Pension increase (husband).N.I.
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Textual Amendments
F6S. 84 repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(1)(b), Sch. 6 Pt. 2 (with s. 4(5)-(8))
F785 Pension increase (person with care of children or qualifying young persons).N.I.
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Textual Amendments
F7S. 85 repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(1)(c), Sch. 6 Pt. 2 (with s. 4(5)-(8))
F886. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F8S. 86 repealed (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1)(2), Sch. 1, Pt. I para. 23, Sch. 2 (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
[F986A Incapacity benefit: increase for adult dependants.N.I.
(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.]
Textual Amendments
F9S. 86A inserted (21.11.1994 for the purpose of making regulations and 13.4.1995 otherwise) by S.I. 1994/1898 (N.I. 12), art. 4(4) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. II
87 Rate of increase where associated retirement pension is attributable to reduced contributions.N.I.
(1)Where a person—
[F10(a)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 F11. . . is determined,
[F12the 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 F11. . . 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.
Textual Amendments
F10S. 87(1)(a) substituted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 9; S.R. 1996/401, art. 2
F11Words in s. 87(1)(b)(2) repealed (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1)(2), Sch. 1 Pt. I para. 24(4), Sch. 2 (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
F12Words following s. 87(1)(b) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 24(3) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
Modifications etc. (not altering text)
C2S. 87 modified (13.4.1995) by S.R. 1994/485, regs. 1, 13
[F1388 Increases to be in respect of only one adult dependant.N.I.
A person shall not [F14by virtue of section 86A] above be entitled for the same period to an increase of benefit in respect of more than one person.]
Textual Amendments
F13S. 88 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 25 (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
F14Words in s. 88 substituted (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(4), Sch. 1 para. 14 (with s. 4(5)-(8))
MiscellaneousN.I.
89 Earnings to include occupational and personal pensions [F15etc.] for purposes of provisions relating to increases of benefits in respect of F16... adult dependants.N.I.
(1)Except as may be prescribed, in F17... [F18sections 82 and 86A] [F19above, and in regulations under section 86A above,] any reference to earnings includes a reference to payments by way of occupational or personal pension.
[F20(1A)Except as may be prescribed, in [F21sections 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 [F22subsections (1) and (1A) above], the Department may by regulations provide, in relation to cases where payments by way of occupational or personal pension [F23or 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.
[F24(3)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.]
Textual Amendments
F15Word in s. 89 heading inserted (14.2.2006) by The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), art. 1(1), Sch. para. 1(3)(a)
F16Words in s. 89 heading repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)
F17Words in s. 89(1) repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)
F18Words in s. 89(1) substituted (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(4), Sch. 1 para. 15 (with s. 4(5)-(8))
F19Words in s. 89 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 26 (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
F20S. 89(1A) inserted (14.2.2006) by The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), art. 1(1), Sch. para. 1(3)(b)
F21Words in s. 89(1A) substituted (6.4.2010 with savings until 6.4.2020) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 4(4), Sch. 1 para. 15 (with s. 4(5)-(8))
F22Words in s. 89(2) substituted (14.2.2006) by The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), art. 1(1), Sch. para. 1(3)(c)(i)
F23Words in s. 89(2) inserted (14.2.2006) by The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), art. 1(1), Sch. para. 1(3)(c)(ii)
F24S. 89(3) added (14.2.2006) by The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), art. 1(1), Sch. para. 1(3)(d)
Modifications etc. (not altering text)
C3S. 89 modified (13.4.1995) by S.R. 1994/485, regs. 1, 11
F2590 Beneficiaries under sections 68 and 70.N.I.
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Textual Amendments
F25S. 90 repealed (with effect from 14.8.2010 and with savings until 6.4.2020) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 14(1)(b), 36(1)(d)(p), Sch. 4 Pt. 2 (with ss. 14(2), 34(2)(a))
91 Effect of trade disputes on entitlement to increases.N.I.
(1)A beneficiary shall not be entitled—
(a)to an increase in any benefit [F26under or by virtue of sections 82 to 88 above]; or
(b)to an increase in benefit F27... 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.
[F28(2)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.]
Textual Amendments
F26Words in s. 91(1)(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 27 (with art. 15(1))
F27Words in s. 91(1)(b) repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)
F28S. 91(2) substituted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 10; S.R. 1996/401, art. 2(b)
92 Dependency increases: continuation of awards in cases of fluctuating earnings.N.I.
(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.N.I.
Where—
[F29(a)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;. . .
F30(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(b)when he was last entitled to that [F31benefit]. . ., 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 [F31benefit]. . . should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his [F31benefit]. . ., 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 [F31benefit]. . . was previously payable and the day on which he again becomes entitled to it.
Textual Amendments
F29S. 93(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 28(a) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
F30S. 93(a)(ii) and word “or”preceding it repealed (3.11.2000 for specified purposes and 6.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 76, Sch. 10 Pt. IV; S.R. 2000/332, art. 2(3)(g)(4)(5)
F31Words in s. 93 substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 28(b) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
Marginal Citations
M1S.R. (N.I.) 1977 No. 74.
M2S.R. (N.I.) 1984 No. 373.
M3S.R. (N.I.) 1984 No. 381.
M4S.R. (N.I.) 1989 No. 381.