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

Earnings rule for increases for adult dependantsE+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 [F1the amount specified in paragraph 1 of Part I of Schedule 4 to the Contributions and Benefits Act.] [F1the 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 [F2or 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 [F2or qualifying young person] such as is mentioned in that sub– paragraph, the increase shall be payable irrespective of the dependant’s earnings.

Textual Amendments