The Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994

PART III E+W+S Adult Dependants

Increase of incapacity benefit for adult dependants and persons having the care of children [F1 or qualifying young persons] E+W+S

9.—(1) Subject to regulation 14, a beneficiary shall be entitled to an increase of incapacity benefit under section 86A(1) if–

(a) he is residing with a spouse [F2 or civil partner] of his and either–

(i) the spouse [F2 or civil partner] [F3 has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002]; or

[F4 (ii) the beneficiary is entitled to child benefit in respect of a child [F5 or qualifying young person]; or]

(b) he has a spouse [F6 or civil partner] who [F7 has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002] and not residing with him but to whose maintenance he contributes at a weekly rate equal to or greater than the rate of the increase; or

(c) there is an adult who–

(i) is resident with him; and

[F8 (ii) cares for a child [F5 or qualifying young person] in respect of whom the beneficiary is entitled to child benefit; or]

(d) subject to paragraph (3) there is an adult who–

(i) is not resident with him; and

[F9 (ii) cares for a child [F5 or qualifying young person] in respect of whom the beneficiary is entitled to child benefit]

and in regulation 10 “dependant” means a person who satisfies the conditions set out in any of the sub–paragraphs of this paragraph.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (2A) For the purposes of, and subject to, paragraph (1), where, on any day, an adult dependant is a person who does approved work on a trial basis within the meaning of regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in work trials to be treated as incapable of work), the beneficiary shall be treated as entitled to an increase under section 86A of the Contributions and Benefits Act.]

[F12 (2B) For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which—

(a) child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either—

(i) the child or qualifying young person is being wholly or mainly maintained by the beneficiary; or

(ii) the beneficiary is also a parent of the child or qualifying young person; or

(b) (i) the beneficiary;

(ii) his spouse or civil partner with whom he is residing; or

(iii) a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit,

would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.]

[F12 (2C) Where for any period a person who is in Great Britain could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom—

(a) he;

(b) his spouse or civil partner who is residing with him; or

(c) a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit,

is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question.

(2D) For the purposes of paragraphs (2B) and (2C)—

(a) “week” means a period of 7 days beginning with a Monday; and

(b) a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 143 (meaning of “person responsible for child or qualifying young person”).]

(3) A beneficiary shall not be entitled to an increase of incapacity benefit under paragraph (1)(d) unless the other person–

(a) is employed by the beneficiary 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 before the beneficiary became incapable of work, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for the employment first arose thereafter; or

(b) is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase.

Textual Amendments

F1 Words in reg. 9 heading added (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 4(2)(a)

F2 Words in reg. 9(1)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(3)(a) (with art. 3)

F3 Words in reg. 9(1)(a)(i) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 5

F4 Words in reg. 9(1)(a)(ii) substituted (6.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(7)(aa)(c)(i)

F5 Words in reg. 9(1) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 4(2)(b)

F6 Words in reg. 9(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(3)(b) (with art. 3)

F7 Words in reg. 9(1)(b) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 5

F8 Words in reg. 9(1)(c)(ii) substituted (6.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(7)(bb)(c)(i)

F9 Words in reg. 9(1)(d)(ii) substituted (6.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(7)(c)(i)(cc)

F10 Reg. 9(2) omitted (6.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(b), 2(7)(c)(ii)

F11 Reg. 9(2A) inserted (3.4.2000) by The Social Security (Approved Work) Regulations 2000 (S.I. 2000/678), regs. 1, 6

F12 Reg. 9(2B)-(2D) inserted (1.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 9

Earnings rule for increases for adult dependants E+W+S

10.—(1) Subject to paragraphs (2) and (3), the increase in benefit to which a beneficiary is entitled under regulation 9 shall not be payable for the benefit week immediately following any benefit week in which the dependant has earnings which exceed the amount of the standard rate of increase.

(2) Where the beneficiary is entitled to long–term incapacity benefit or to short–term incapacity benefit at a higher rate under section 30B(4), and the dependant is residing with the beneficiary, the increase of benefit shall not be payable for the benefit week immediately following any benefit week in which the dependant has earnings which exceed [F13 the amount specified in paragraph 1 of Part I of Schedule 4 to the Contributions and Benefits Act.] [F13 the amoiunt for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(3) In determining the earnings of a dependant for the purposes of this regulation no account shall be taken of any earnings of the dependant from employment by the beneficiary to care for a child [F14 or qualifying young person] such as is mentioned in regulation 9(1)(c).

(4) Where the dependant satisfies the conditions set out in regulation 9(1)(d) and is employed by the beneficiary to care for a child [F14 or qualifying young person] such as is mentioned in that sub– paragraph, the increase shall be payable irrespective of the dependant’s earnings.

Textual Amendments

F13 Words in reg. 10(2) substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 19(2) (with reg. 19(3)(4))

F14 Words in reg. 10(3)(4) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 4(3)(a)

Apportionment of payments by way of occupational or personal pension made otherwise than weekly E+W+S

11.  For the purpose of section 89 (earnings to include occupational or personal pension [F15 or PPF periodic payment] for certain purposes) in so far as it relates to incapacity benefit, where payment by way of occupational or personal pension [F15 or PPF periodic payment] is for any period made otherwise than weekly, the amount of any such payment for any week in that period shall be determined–

(a) where payment is made for a year, by dividing the total by 52;

(b) where payment is made for three months, by dividing the total by 13;

(c) where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d) where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e) in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

Textual Amendments

F15 Words in reg. 11 inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 3

Contribution to maintenance of adult dependant E+W+S

12.—(1) Subject to paragraph (2), for the purposes of regulation 9 (increase of incapacity benefit for adult dependants and persons having the care of children [F16 or qualifying young persons])–

(a) a beneficiary shall not be deemed to satisfy the requirement contained in that regulation that he is contributing to the maintenance of his spouse [F17 or civil partner] or a person having the care of a child [F18 or qualifying young person], as the case may be, at a weekly rate of not less than the standard rate of increase unless when in employment, or not incapable of work, (except in a case where the dependency did not arise until later), he contributed to that spouse’s[F19 , civil partner's] or person’s maintenance at a weekly rate of not less than the standard rate of increase;

(b) in a case where an increase of benefit is, apart from the said requirement, payable at a weekly rate less than the standard rate of increase, a beneficiary shall, subject to sub–paragraph (a) above, be deemed to satisfy the said requirement if he is contributing to the maintenance of the spouse[F20 , civil partner] or the person having the care of a child [F18 or qualifying young person] at a weekly rate of not less than that of the increase.

(2) Where, within one month of having been entitled to an increase–

(a) of unemployment benefit under section 82 by virtue of having satisfied the requirement of either–

(i) subsection (1)(a)(ii) of that section; or

(ii) subsection (3)(b) of that section by reason of her contributing to the maintenance of her husband; or

(b) of incapacity benefit under regulation 9 by virtue of having satisfied either the requirement in paragraph (1)(b) or the requirement in paragraph (3)(b) of that regulation,

a person becomes entitled to incapacity benefit which attracts a standard rate of increase higher than that to which he had been entitled, he shall be deemed to satisfy the condition in paragraph (1)(a) if he satisfies it in relation to the benefit to which he had been entitled; and in this paragraph “entitled” includes deemed to have been entitled.

(3) Until 13th May 1995 the reference in paragraph (2)(a) to unemployment benefit includes a reference to sickness benefit.

Textual Amendments

F16 Words in reg. 12(1) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 4(a)

F17 Words in reg. 12(1)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(4)(a)(i) (with art. 3)

F18 Words in reg. 12(1) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 4(b)

F19 Words in reg. 12(1)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(4)(a)(ii) (with art. 3)

F20 Words in reg. 12(1)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(4)(b) (with art. 3)

Increase of short–term incapacity benefit for persons over pensionable age E+W+S

13.—(1) In relation to any increase of short–term incapacity benefit to which section 87 (rate of increase where associated retirement pension is attributable to reduced contributions) M1 applies the amount of such increase shall be determined in accordance with the following provisions of this regulation.

(2) The amount of the increase shall be the relevant percentage of the amount specified in column 3 of paragraph 1A of Part IV of Schedule 4 to the Contributions and Benefits Act (increases for dependants).

(3) In this regulation “relevant percentage” means the percentage specified in regulation 6(3B) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 M2 (reduced rates of benefit where contribution record is deficient).

Marginal Citations

M1 Section 87 is amended by paragraph 24 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c.18).

M2 S.I. 1979/642. The relevant amending instrument is S.I. 1990/2642.

Disqualification for receipt of increases in cases of imprisonment and absence abroad E+W+S

14.—(1) Subject to paragraph (2), where an adult (other than the spouse [F21 or civil partner] of the beneficiary) in respect of whom a beneficiary is entitled to an increase of incapacity benefit under paragraph (1)(c) or (d) of regulation 9 is absent from Great Britain, or is undergoing imprisonment or detention in legal custody, the beneficiary shall not be entitled to that increase.

(2) Paragraph (1) shall not apply in the case of an adult who is absent from Great Britain and who is resident with the beneficiary in circumstances where the disqualification for receipt of incapacity benefit does not apply in the case of the beneficiary by virtue of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 1975 M3 .

Textual Amendments

F21 Words in reg. 14(1) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 23(5) (with art. 3)

Marginal Citations

M3 S.I. 1975/563. The relevant amending instruments are S.I. 1977/342 and 1679, 1983/186, 1984/1303, 1986/1545, 1990/40 and 1994/268.