PART IIIE+W+S Adult Dependants

Contribution to maintenance of adult dependantE+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 [F1or 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 [F2or civil partner] or a person having the care of a child [F3or 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[F4, 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[F5, civil partner] or the person having the care of a child [F3or 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