The Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the circumstances in which recipients of incapacity benefit are entitled to an increase of that benefit in respect of adult dependants and certain child dependants.

Part I contains commencement and interpretation provisions (regulation 1); provisions as to the circumstances in which a person is to be deemed to be wholly or mainly maintaining another person (regulation 2); provisions about the way in which maintenance payments are to be allocated between a spouse and children (regulation 3); provision for treating the amount by which benefit is abated under section 74(3)(a) of the Social Security Administration Act 1992 as being a contribution towards the maintenance of another person (regulation 4) and provision about the period to which earnings are to be attributed (regulation 5).

Part II contains provisions relating to child dependants. Regulation 6 sets out the circumstances in which a person not entitled to child benefit is to be treated as if he were so entitled and regulation 7 sets out the circumstances in which a person who is entitled to child benefit is to be treated as if he were not so entitled. Regulation 8 provides for deeming, in certain circumstances, a person to be contributing to the cost of maintaining a child.

Part III contains provisions relating to adult dependants. Regulation 9 provides for the circumstances in which an increase of incapacity benefit is to be payable for an adult dependant. Regulation 10 sets our the rules about how much an adult dependant may earn if an increase of incapacity benefit is to be payable in respect of him. Regulation 11 deals with the apportionment of payments of occupational pension (which are treated as earnings) where they are paid otherwise than weekly. Regulation 12 sets out the circumstances in which a person is to be deemed to be contributing to the maintenance of an adult dependant. Regulation 13 provides for an increase of short–term incapacity benefit for persons over pensionable age and regulation 14 provides for disqualification from receipt of increase of incapacity benefit in cases of imprisonment and absence abroad.

Part IV makes amendments to the Social Security (Dependency) Regulations 1977 which are consequential on the abolition of sickness and invalidity benefit and the introduction of incapacity benefit.

The Regulations are made within six months of the coming into force of section 2(5) of the Social Security (Incapacity for Work) Act 1994 (c. 18) which inserts section 86A into the Social Security Contributions and Benefits Act 1992 (c. 4) and accordingly are not required to be referred to the Social Security Advisory Committee by virtue of section 173(5) of the Social Security Administration Act 1992 (c. 5).