The Social Security Benefit (Dependency) Regulations 1977

Increase of benefit for dependent relatives and further conditions applicable

9.—(1) For the purposes of section 44(3)(b), 47(1)(b) or 66(1)(c) (increase of benefit in respect of a relative of a beneficiary subject to such further conditions as may be prescribed) the relatives shall be the persons who bear any such relationship to the beneficiary as is specified in Schedule 1 to these regulations and shall include any person who would be such a relative if some person born illegitimate had been born legitimate.

(2) The following further conditions shall apply in relation to any such relative as is mentioned in the foregoing paragraph and as respects increases under the said section 44(3)(b), 47(1)(b) or 66(1)(c)—

(a) where any such relative is a man, an increase shall not be payable in respect of him for any period other than a period during which he is incapable of self-support;

(b) where any such relative is a woman, an increase shall not be payable in respect of her for any period during which she is engaged in any gainful employment from which her weekly earnings exceed the standard rate of increase;

(c) where any such relative is a married woman, an increase shall not be payable in respect of her for any period other than a period during which—

(i) she is not residing with and is unable to obtain any financial assistance from her husband, or

(ii) her husband is incapable of self-support and is not entitled to an increase of benefit in respect of her under the Act;

(d) an increase shall not be payable for any period during which any such relative is—

(i) undergoing imprisonment or detention in legal custody, or

(ii) absent from Great Britain, except in the case of sickness benefit, invalidity pension, injury benefit or disablement pension where the beneficiary is entitled to unemployability supplement, for any period during which that relative is residing with the beneficiary outside Great Britain and for which by virtue of the provisions of regulation 2 or 9 of the Social Security Benefit (Persons Abroad) Regulations 1975, the beneficiary is not disqualified for receiving the benefit in question.