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

Contribution to maintenance of adult dependent

12.—(1) Subject to paragraph (2), for the purposes of regulation 9—

(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 or a person having the care of a child, 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 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 or the person having the care of a child 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 of the Contributions and Benefits Act(1) (short-term benefit: increase for adult dependents) 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.

(1)

Section 82 is amended by paragraph 19 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 with effect from 6th April 1995