Welfare Reform Act 2009

Abolition of adult dependency increases

15 Maternity allowance and carer’s allowance

(1) The following provisions of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Benefits Act”) are omitted on 6 April 2010—

(a) section 82 (maternity allowance: increase for adult dependants); and

(b) section 90 (carer’s allowance: increase for adult dependants).

(2) Nothing in subsection (1) or Part 2 of Schedule 7 applies in relation to—

(a) the amount of a maternity allowance payable for a maternity allowance period (within the meaning of section 35(2) of the Benefits Act) which begins before 6 April 2010 but ends on or after that date, or

(b) the amount of a carer’s allowance payable to a qualifying person at any time on or after 6 April 2010 but before the appropriate date.

(3) In subsection (2)(b)—

• “a qualifying person” means a person who—

  (a)

  has, before 6 April 2010, made a claim for an increase in a carer’s allowance under section 90 of the Benefits Act; and

  (b)

  immediately before that date is either entitled to the increase claimed or a beneficiary to whom section 92 of the Benefits Act applies in respect of that increase (continuation of awards where fluctuating earnings);

• “the appropriate date” means whichever is the earlier of—

  (a)

  6 April 2020; and

  (b)

  the date when the qualifying person ceases to be either entitled to that increase or a beneficiary to whom section 92 of the Benefits Act applies in respect of that increase.