PART IIIADULT DEPENDANTS

Increase of benefit for F4... person having care of child F15or qualifying young person10

1

Subject to the provisions of section 44 (increase F13... of a maternity allowance), section 46 (increase of a Category A or Category C retirement pension F12...), or section 66 (increase F1... of a disablement pension where the beneficiary is entitled to an unemployability supplement), this regulation shall apply for the purpose of determining whether a beneficiary is entitled to an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a F4... person who has the care of a child or children F16or a qualifying young person or persons in respect of whom the beneficiary is entitled to child benefit.

2

A beneficiary shall not be entitled to an increase under the said section 44(3)(c), 46(2) or 66(1)(d) unless the F4... person referred to in those sections—

a

has the care of such a child F17or qualifying young person as is referred to in those sectionsF7...

b

either—

i

is residing with the beneficiary, or

ii

is employed by him in an employment in respect of which the weekly expenses incurred by the beneficiary are not less than the standard rate of increase and was so employed by him before he became F14... incapable of work or F11entitled to a Category A or Category B retirement pension, as the case may be, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for F5the employment first arose thereafter; or

iii

is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase; and

c

subject to paragraph (3), is not absent from Great Britain; and

d

is not undergoing imprisonment or detention in legal custody; and

F9e

either –

i

has no earnings or has earnings but they do not exceed the standard rate of increase (there being disregarded for this purpose any earnings derived from employment by the beneficiary in caring for a child or children F18or a qualifying young person or persons in respect of whom the beneficiary is entitled to child benefit), or

ii

is employed by the beneficiary in caring for such child or children F19or qualifying young person or persons and is not residing with him;

F10 f

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3

In the case of F12...F2... any pension to which this regulation applies, the condition referred to in sub-paragraph (c) of paragraph (2) shall not apply as respects any period during which the said F6... person is residing with the beneficiary outside Great Britain and for which by virtue of the provisions of any regulations made under section 82(5) (disqualification) or 131 (persons outside Great Britain) the beneficiary is not disqualified for receiving that benefit.

F84

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F35

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