Increase in rate of a transitional award of short-term incapacity benefit for adult dependents
15.—(1) Subject to paragraph (7), where at any time during a period of 56 days immediately before the appointed day—
(a)an increase of sickness benefit under Part IV of the Contributions and Benefits Act (increases for dependents) was, payable to a person for a spouse who was an adult dependent; and
(b)on the appointed day he becomes entitled to a transitional award of short-term incapacity benefit under regulation 11,
an amount equal to that increase shall be payable.
(2) Where in the tax year 1994-1995, the amounts specified in column (3)of paragraph 1A of Part IV, of Schedule 4(1) are increased by an order under section 132 of the Administration Act(2), the increase payable under paragraph (1) shall likewise be increased by an equal amount; and thereafter an increase payable under paragraph (1) shall be an amount equal to the appropriate amount specified in column (3) of paragraph 1A of Part IV of Schedule 4.
(3) Subject to the following provisions, an increase under paragraph (1) shall continue to be payable provided that—
(a)the spouse is residing with the beneficiary; or
(b)the beneficiary is contributing to the maintenance of his spouse at the weekly rate equal to or greater than the rate of the increase.
(4) The provisions in Part I (general) and Part III (adults), except for regulation 9(1)(a) and (b) of Part 111, of the Increases for Dependants Regulations shall apply to an increase under paragraph (1) as they apply to an increase made by virtue of section 86A.
(5) A person shall cease to he entitled to an increase under paragraph (1) when no increase of sickness benefit or short-term incapacity benefit has been paid or payable for a period of at least 57 continuous days.
(6) In calculating the period referred to in paragraph (5) the days of entitlement to disability working allowance or the days of attendance on a training course of a type referred to in section 30C(6) or regulation 13(2) shall not be taken into account.
(7) Where a person is entitled to an increase under paragraph (1) and section 30B(4) applies to him, the amount of the increase shall be equal to the rate specified in column (3) of paragraph 2 of Part IV of Schedule 4(3).
(8) In a case where paragraph (7) applied, the increase shall continue to be payable if, when the transitional award of short-term incapacity benefit is terminated, he immediately becomes entitled to long-term incapacity benefit under section 30A(5) and he continues to satisfy the conditions in section 30B(4)(a) and (b); and this regulation shall continue to apply to that increase.
(9) Where a person becomes entitled to an increase under paragraph (1), he shall not be entitled to an adult dependency increase to which he would, but for this provision, be entitled under the Increases for Dependants Regulations.
Paragraph 1A is inserted by Article 4(5) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994
Section 132 is amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)
Paragraph 2 is substituted by Article 4(5) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994