5(1)An increase under paragraph 4 above of any amount in respect of a particular child [F1or qualifying young person] shall for any period be payable only if during that period one or other of the following conditions is satisfied with respect to the child [F1or qualifying young person]—N.I.
(a)the beneficiary would be treated for the purposes of Part IX of this Act as having the child [F1or qualifying young person] living with him; or
(b)the requisite contributions are being made to the cost of providing for the child [F1or qualifying young person].
(2)The condition specified in paragraph (b) of sub-paragraph (1) above is to be treated as satisfied if, and only if—
(a)such contributions are being made at a weekly rate not less than the amount referred to in that sub-paragraph—
(i)by the beneficiary, or
(ii)where the beneficiary is one of two spouses [F2or civil partners] residing together, by them together; and
(b)except in prescribed cases, the contributions are over and above those required for the purposes of satisfying section 139(1)(b) above.
Textual Amendments
F1Words in Sch. 7 para. 5(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 42(3)
F2Words in Sch. 7 para. 5(2)(a)(ii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 105(3); S.I. 2005/3255, art. 2(1), Sch.