The Social Security Benefit (Dependency) Amendment Regulations 1985

EXPLANATORY NOTE

These Regulations are made before the expiry of the period of 6 months beginning with the commencement of section 13 of the Social Security Act 1985 and accordingly, by virtue of section 27(1) of that Act, they are exempt from the requirements of section 141(2) of the Social Security Act 1975 (reference of regulations to Industrial Injuries Advisory Council) and section 10(1) of the Social Security Act 1980 (c. 30) (reference of regulations to Social Security Advisory Committee).

The Regulations further amend the Social Security Benefit (Dependency) Regulations 1977 as regards the entitlement of a beneficiary in receipt of a Category A or C retirement pension, invalidity pension, severe disablement allowance or disablement pension with unemployability supplement to an increase of that benefit in respect of an adult dependant. In the case of a dependant who is residing with the beneficiary there is to be no increase in any week in which the dependant's earnings in the preceding week exceeded the standard rate of unemployment benefit. In the case of a non-resident dependant, there is to be no increase in any week where either the beneficiary's contribution to the support of the dependant is less than the amount of the increase, or the dependant's earnings exceed it.

The regulations also provide that where a beneficiary is, on 14th September 1985, entitled to an increase of benefit the earnings rules then in force shall, if more favourable, continue to apply until he first ceases to be so entitled.