Health and Social Security Act 1984 (c. 48)

SCHEDULES

Section 13.

SCHEDULE 5 Dependent Children

1 The Social Security Act 1975 and the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975 shall have effect subject to the amendments specified in the following paragraphs of this Schedule.

2 In section 12(1) of the Social Security Act 1975 (description of contributory benefits)—

(a) in paragraphs (a) and (b), after the word " and " there shall be inserted the words " , where the beneficiary is over pensionable age, "; and

(b) in paragraph (d), the words "and child" shall cease to have effect.

3 In section 41 of that Act (increases in benefits payable in respect of dependent children)—

(a) in subsection (2)(a) and (b), after the word " benefit" there shall be added the words " where the beneficiary is over pensionable age ";

(b) subsections (2)(d) and (3) shall cease to have effect; and

(c) the following subsections shall be inserted after subsection (2)—

“(2A) Where—

(a) a beneficiary is one of two persons who are—

(i) spouses residing together ; or

(ii) an unmarried couple ; and

(b) the other person had earnings in any week,

the beneficiary's right to payment of increases for the following week under subsection (1) above shall be determined in accordance with subsection (2B) below.

(2B) No such increase shall be payable—

(a) in respect of the first child where the earnings were £80 or more ; and

(b) in respect of a further child for each complete £10 by which the earnings exceeded £80.

(2C) The Secretary of State may by order substitute larger amounts for the amounts for the time being specified in subsection (2B) above.

(2D) In this section—

• " unmarried couple" means a man and a woman who are not married to each other but are living together as husband and wife ; and

• " week " means such period of 7 days as may be prescribed by regulations made for the purposes of this section”.

4 In section 64 of that Act (increases in disablement pension payable in respect of dependent children) the following subsections shall be inserted after subsection (1)—

“(1A) Where—

(a) a beneficiary is one of two persons who are—

(i) spouses residing together ; or

(ii) an unmarried couple ; and

(b) the other person had earnings in any week,

the beneficiary's right to payment of increases for the following week under this section shall be determined in accordance with subsection (1B) below.

(1B) No such increase shall be payable—

(a) in respect of the first child where the earnings were £80 or more ; and

(b) in respect of a further child for each complete £10 by which the earnings exceeded £80.

(1C) The Secretary of State may by order substitute larger amounts for the amounts for the time being specified in subsection (1B) above.

(1D) In this section " week " means such period of 7 days as may be prescribed by regulations made for the purposes of this section.”.

5 The following section shall be substituted for section 70 of that Act—

“70 Children of deceased's family.

(1) Subject to Schedule 9 0imits on benefit payable on death), where at his death, the deceased was entitled to child benefit in respect of a child or children, then, for any period for which—

(a) the widow of the deceased is entitled—

(i) to death benefit (other than a gratuity) under sections 67 and 68 of this Act; and

(ii) to child benefit in respect of that child or one or more of those children ; or

(b) such other person as may be prescribed is entitled to child benefit in respect of that child or one or more of those children;

the widow or, as the case may be, the person so prescribed shall be entitled in respect of that child, or in respect of each respectively of those children, to death benefit by way of an allowance at the weekly rate specified in Schedule 4, Part V, paragraph 15.

(2) Section 65(1) and (2) of this Act apply in relation to an allowance under this section as they apply in relation to an increase of benefit under section 64.”.

6 The following paragraph shall be substituted for paragraph 15 of Part V of Schedule 4 to that Act—

“15. Weekly rate of allowance under section 70 in respect of children.

In respect of each qualifying child ... £7.60”

7 In Schedule 20 to that Act—

(a) in the definition of " week ", for the words " and 45(3)" there shall be substituted the words " 41, 45(3) and 64 "; and

(b) after the definition of " unemployability supplement" there shall be inserted the following definition—

• “" Unmarried couple " See section 41”.

8 In the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975—

(a) the following paragraph shall be substituted for section 7(3)(c)—

“(c) where the person is entitled to child benefit in respect of a child or children, and is in receipt of an allowance which comprises such an increase as is mentioned in paragraph (a) above, by an amount equal to any increase which would be payable under section 64 of that Act in respect of that child or those children if he were entitled to disablement pension plus unemployability supplement;”; and

(b) the following subsection shall be substituted for section 7(4)—

“(4) Where under this section an allowance comprises such an increase as is mentioned in paragraph (a) of subsection (3) above, that subsection shall have effect as if for paragraph (d) there were substituted the following paragraph—

“(d) where the person is treated under the provisions of the scheme as residing with his wife or contributing at a weekly rate of not less than the relevant amount towards her maintenance, by the relevant amount (that is to say an amount equal to any increase which would be payable under section 66 of that Act in respect of her if he were entitled to disablement pension plus unemployability supplement).”.”.