The Social Security(Northern Ireland) Order 1989

Dependency increases: fluctuating earnings

7.—(1) In section 47 of that Act (invalidity pension: dependant relative), for paragraph (a) of subsection (1) substitute the following paragraph—

“(a) for any period during which either—

(i) the pensioner and her husband are residing together and he does not have earnings at a weekly rate in excess of the amount specified in paragraph 1(a) of Part I of Schedule 4; or

(ii) they are not residing together, he does not have earnings at a weekly rate in excess of the amount specified in Schedule 4, Part IV, column (3) and she is contributing to his maintenance at a weekly rate not less than the amount so specified.”.

(2) After section 84 of that Act (persons maintaining dependants, etc.) insert the following section—

“Dependency increases: continuation of awards in cases of fluctuating earnings.

84A.— (1) Where a beneficiary—

(a) has been awarded a dependency increase; but

(b) ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount,

then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount.

(2) In this section—

(a) “dependency increase” means any of the increases in benefit provided for under Chapter III of Part II of this Act or section 64 or 66 above; and

(b) the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.”.