14.—(1) Subject to paragraph (2), where an adult (other than the spouse [F1or 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 M1.
Textual Amendments
F1Words 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
M1S.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.