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

Explanatory Note

(This note is not part of the Regulations.)

These regulations set out the circumstances in which recipients of incapacity benefit are entitled to an increase of that benefit in respect of adult dependents and certain child dependents.

Part I contains general provisions—

(a) regulation 1 sets out commencement and interpretation provisions;

(b) regulation 2 provides for the circumstances in which a person is to be deemed to be wholly or mainly maintaining another person;

(c) regulation 3 provides for the way in which maintenance payments are to be allocated between a spouse and children;

(d) regulation 4 provides for treating the amount by which benefit is abated under section 72(3)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) as being a contribution towards the maintenance of another person; and

(e) regulation 5 provides for the period to which earnings are to be attributed.

Part II contains provisions relating to child dependants—

(a) regulation 6 sets out the circumstances in which a person not entitled to child benefit is to be treated as if he were so entitled;

(b) regulation 7 sets out the circumstances in which a person who is entitled to child benefit is to be treated as if he were not so entitled; and

(c) regulation 8 provides for deeming, in certain circumstances, a person to be contributing to the cost of maintaining a child.

Part III contains provisions relating to adult dependants—

(a) regulation 9 provides for the circumstances in which an increase of incapacity benefit is to be payable for an adult dependent;

(b) regulation 10 sets out the rules about how much an adult dependent may earn if an increase of incapacity benefit is to be payable in respect of him;

(c) regulation 11 deals with the apportionment of payments of occupational or personal pension (which are treated as earnings)where they are paid otherwise than weekly;

(d) regulation 12 sets out the circumstances in which a person is to be deemed to be contributing to the maintenance of an adult dependent;

(e) regulation 13 provides for an increase of short-term incapacity benefit for persons over pensionable age; and

(f) regulation 14 provides for disqualification for receipt of increase of incapacity benefit in cases of imprisonment and absence abroad.

Part IV makes amendments to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977 which are consequential on the abolition of sickness and invalidity benefit and the introduction of incapacity benefit (regulation 15).

These regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These regulations are made under provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) some of which are inserted or amended by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and brought into operation by virtue of the Social Security (Incapacity for Work) (1994 Order) (Commencement) Order (Northern Ireland) 1994 (S.R. 1994 No. 450 (C.15)).