The Social Security Benefit (Dependency) Regulations 1977

Increase of benefit for female person having care of child

10.—(1) Subject to the provisions of section 44 (increase of unemployment or sickness benefit or of a maternity allowance), section 46 (increase of a Category A or Category C retirement pension or an invalidity pension), or section 66 (increase of injury benefit or 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 female person who has the care of a child or children 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 female person referred to in those sections—

(a) has the care of such a child as is referred to in those sections, being a child in respect of whom the beneficiary is entitled to an increase of benefit or would be so entitled but for the provisions of any regulations made under section 85 (overlapping benefits); and

(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 unemployed or incapable of work or retired from regular employment, 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 her 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

(e) subject to paragraph (4), is not employed in any employment (other than her employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit) from which her weekly earnings exceed the standard rate of increase, so however that this condition shall not apply to a person who is employed by the beneficiary and is not residing with him.

(3) In the case of sickness benefit, injury benefit, or 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 female 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.

(4) Where a beneficiary who is entitled to unemployability supplement, an invalidity pension, or a Category A or Category C retirement pension has any such female person residing with him and the earnings of such female person (other than her earnings from any employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit) for the calendar week ending last before any week for which he is entitled to benefit exceeded the first sum specified in section 45(3) as from time to time amended, or, in the case of a beneficiary entitled to benefit under section 66, exceeded the first sum specified in section 66(4) as from time to time amended, the weekly rate of the increase of pension under section 46(2) or, as the case may be, the weekly rate of benefit under section 66 shall for the last-mentioned week be reduced—

(a) where the excess is less than £4, by 5 pence for each complete 10 pence of the excess; and

(b) where the excess is not less than £4, by 5 pence for each complete 10 pence of the excess up to £4 and by 5 pence for each complete 5 pence of any further excess.

(5) For the purpose of the last preceding paragraph, the weekly earnings of a female person who is residing with a beneficiary entitled to unemployability supplement shall be calculated or estimated in such manner and on such basis as is prescribed by regulation 8(2) for the purposes of the said section 66 in relation to the earnings of a wife.