85 Pension increase (person with care of children).N.I.
(1)This section applies to—
(a)a Category A retirement pension;
(b)a Category C retirement pension payable by virtue of section 78(1) above;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subject to the following provisions, the weekly rate of a pension to which this section applies shall be increased by the amount specified in relation to that pension in Schedule 4, Part IV, column (3) for any period during which a person who is neither the spouse of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit.
(3)Subsection (2) above does not apply if the pensioner is a [F2person whose spouse] is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.
(4)Regulations may, in a case within subsection (2) above in which the person there referred to is residing with the pensioner and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this section, but subject, taking account of the earnings of the person residing with the pensioner, other than such of that person’s earnings as may be prescribed, to provisions comparable to those that may be made by virtue of section 83(3) above.
Textual Amendments
F1S. 85(1)(c) repealed (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1)(2), Sch. 1 para. 22, Sch. 2 (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV
F2Words in s. 85(3) substituted (16.12.1995 subject to Sch. 2 of the amending Act) by S.I. 1995/3213 (N.I. 22), arts. 1, 123, Sch. 2 Pt. III para. 18(10)