85 Pension increase (person with care of children).N.I.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(1A)Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner 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.]
(2)Subject to [F3subsections (3) and (4) below], the weekly rate of a [F4Category C retirement pension payable by virtue of section 78(1) above] 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.
[F5(2A)Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner 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.]
(3)Subsection (2) above does not apply if the pensioner is a [F6person 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 [F7(1A) or] (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F1S. 85(1) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(2), Sch. 30; S.I. 2005/3255, art. 2(1), Sch.
F2S. 85(1A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(3); S.I. 2005/3255, art. 2(1), Sch.
F3Words in s. 85(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(4)(a); S.I. 2005/3255, art. 2(1), Sch.
F4Words in s. 85(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(4)(b); S.I. 2005/3255, art. 2(1), Sch.
F5S. 85(2A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(5); S.I. 2005/3255, art. 2(1), Sch.
F6Words 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)
F7Words in s. 85(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 91(6); S.I. 2005/3255, art. 2(1), Sch.