The Social Security Benefit (Dependency) Regulations 1977

Contribution to maintenance of adult dependant

11.—(1) Subject to paragraphs (2) and (3), for the purposes of section 44(1), 45(2) or 66(1)(a) (increase of unemployment benefit, sickness, benefit, an invalidity pension or a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a wife) or of regulation 10(2)(b)(iii) (increase of unemployment benefit, sickness benefit, an invalidity pension or a Category A or Category C retirement pension or benefit to which section 66 applies in respect of a female person having the care of a child)—

(a) a beneficiary shall not be deemed to satisfy the requirement contained in the said sections or the said regulation that he is contributing to the maintenance of the wife or the female person, 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, or not retired from regular employment, as the case may be (except in a case where the dependency did not arise until later), he contributed to her 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 wife or female person, as the case may be, at a weekly rate of not less than that of the increase.

(2) Where, within one month of having been entitled to an increase of unemployment benefit, sickness benefit or injury benefit under section 44(1) or section 66(1)(a) or under section 44(3)(c) or section 66(1)(d) by virtue of having satisfied the requirement in head (iii) of sub-paragraph (b) of regulation 10(2) (but no other requirement in that sub-paragraph), a person becomes entitled to a benefit which attracts a standard rate of increase higher than that of the benefit 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) For the purposes of paragraph (2) a person shall be deemed to have been entitled to an increase of unemployment benefit or sickness benefit at a lower standard rate of increase if (assuming satisfaction of the relevant contribution conditions) he would have been so entitled but for the provisions of section 44(1)(b) or, as the case may be, regulation 10(2)(e).