Social Security Contributions and Benefits (Northern Ireland) Act 1992

Child dependants N.I.

80 Beneficiary’s dependent children. N.I.

(1) Subject to section 61 above and to the following provisions of this Part of this Act, the weekly rate of any benefit to which this subsection applies shall, for any period for which the beneficiary is entitled to child benefit in respect of a child or children, be increased in respect of that child, or each respectively of those children, by the amount specified in relation to the benefit in question in Schedule 4, Part IV, column (2).

(2) Subsection (1) above applies to—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (b) short-term incapacity benefit at the higher rate or where the beneficiary is over pensionable age;

(c) long-term incapacity benefit; and]

(d) Category A, Category B or Category C retirement pension.

(3) In any case 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 (4) below.

(4) No such increase shall be payable—

(a) in respect of the first child where the earnings were [F3 £155] or more; and

(b) in respect of a further child for each complete [F4 £20] by which the earnings exceeded [F5 £155].

(5) Subject to section 81 below, the weekly rate of a widowed mother’s allowance [F6 or a widowed parent’s allowance payable by virtue of section 37(1)(a) or (as the case may be) section 39A(2)(a)] above shall be increased for any period in respect of the child or, if more than one, each respectively of the children falling within [F7 section 37(2)(a), (b) or (c) or (as the case may be) section 39A(3)(a), (b) or (c)] in respect of whom she is for the time being entitled to child benefit by the amount specified in relation to that allowance in Schedule 4, Part IV, column (2).

(6) Subject to section 81 below, the weekly rate of a child’s special allowance shall, for any period for which the beneficiary is entitled to child benefit in respect of two or more children with respect to whom the conditions specified in section 56(1)(b) and (c) above are satisfied, be increased in respect of each respectively of those children other than the elder or eldest by the amount specified in relation to that allowance in Schedule 4, Part IV, column (2).

(7) 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 for the purposes of this section.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 80(2)(a) repealed (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(2), Sch. 3; S.R. 1995/401, art. 2

F2 S. 80(2)(b)(c) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 4(3) (with art. 15(1)); S.R. 1994/450, art. 2, Sch. Pt. IV

F3 Sum in s. 80(4)(a) substituted (with effect as mentioned in art. 1(1)(b) of amending S.R.) by The Social Security Benefits Up-rating Order (Northern Ireland) 2002 (S.R. 2002/99), art. 8(a)

F4 Sum in s. 80(4)(b) substituted (with effect as mentioned in art. 1(1)(b) of amending S.R.) by S.R. 2001/41, art. 8 (which S.R. was revoked (11.4.2002) by S.R. 2002/99, arts. 1(1)(g), 23); and that same sum substituted (with effect as mentioned in art. 1(1)(b) of amending S.R.) by virtue of The Social Security Benefits Up-rating Order (Northern Ireland) 2002 (S.R. 2002/99), art. 8(b)

F5 Sum in s. 80(4)(b) substituted (with effect as mentioned in art. 1(1)(b) of amending S.R.) by The Social Security Benefits Up-rating Order (Northern Ireland) 2002 (S.R. 2002/99), art. 8(b)

F6 Words in s. 80(5) substituted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 10(a); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

F7 Words in s. 80(5) substituted (24.4.2000 for specified purposes and 9.4.2001 otherwise) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 10(b); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

Modifications etc. (not altering text)

C1 S. 80 modified (13.4.1995) by S.R. 1994/485, regs. 1, 6, 7, 9(2)

C2 S. 80(3)(4) modified (13.4.1995) by S.R. 1994/485, reg. 5

81 Restrictions on increase - child not living with beneficiary, etc. N.I.

(1) Where, apart from this subsection, a person is entitled to receive, in respect of a particular child, payment of an amount by way of an increase under section 80 above of any benefit, that amount shall not be payable unless one of the conditions specified in subsection (2) below is satisfied.

(2) Those conditions are—

(a) that the beneficiary would be treated for the purposes of Part IX of this Act as having the child living with him; or

(b) that the requisite contributions are being made to the cost of providing for the child.

(3) The condition specified in subsection (2)(b) above is to be treated as satisfied if, but only if—

(a) such contributions are being made at a weekly rate not less than the amount referred to in subsection (1) above—

(i) by the beneficiary; or

(ii) where the beneficiary is one of two spouses residing together, by them together; and

(b) except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3 S. 81(2) modified (13.4.1995) by S.R. 1994/485, regs. 1(1), 8(1)

C4 S. 81(2)(b) modified (13.4.1995) by S.R. 1994/485, regs. 1(1), 3(1)