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

PART IV Consequential Amendments

Amendment of the Social Security (Dependency) Regulations 1977

15.—(1) The Social Security (Dependency) Regulations 1977(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1 of those Regulations–

(a) for paragraph (3) there shall be substituted the following paragraph–

“(3) Regulations 2(2) and (3), 4 and 5(1) shall, with any necessary modifications, apply to invalid care allowance as they apply to retirement pension.”; and

(b) after paragraph (3) there shall be inserted the following paragraph–

“(3A) Nothing in these Regulations applies for the purposes of incapacity benefit under section 30A of the Contributions and Benefits Act.”.

(3) In regulation 3 of those Regulations–

(a) in paragraph (1) the words “47(1)(a)” shall be omitted; and

(b) in paragraph (5) for the words “,45A(2)(b) and 47(1)(a)” there shall be substituted the words “and 45A(2)(b)”.

(4) In paragraph (1)(a) of regulation 8 of those Regulations the words “or invalidity pension” shall be omitted.

(5) In regulation 10 of those Regulations–

(a) in paragraph (1) the words “or sickness” and the words “or an invalidity pension” shall be omitted; and

(b) in paragraph (3) the words “sickness benefit, or” shall be omitted.

(6) In regulation 11 of those Regulations–

(a) in paragraph (1) the words “47(1)(a)” and (in both places where they occur) the words “, sickness benefit, an invalidity pension”, shall be omitted;

(b) in paragraph (2)–

(i) the words “, or sickness benefit” shall be omitted; and

(ii) after the words “(but no other requirement in that sub–paragraph),” there shall be inserted the words “or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,”;

(c) in paragraph (2A)(2)–

(i) the words “or sickness benefit” shall be omitted; and

(ii) after the words “at a weekly rate not less than the standard rate of increase,” there shall be inserted the words “or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,”; and

(d) in paragraph (3) the words “or sickness benefit” shall be omitted.

(7) For regulation 12 of those Regulations there shall be substituted the following regulation–

“Prescribed circumstances for the purposes of section 90 of the Social Security Contributions and Benefits Act

12.— (1) The provisions of Part IV of the Contributions and Benefits Act (increases for dependants) and of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994 shall apply in relation to increases of severe disablement allowance for child or adult dependants under section 90 of the Contributions and Benefits Act as they apply to increases of long–term incapacity benefit for child or adult dependants.

(2) For the purposes of increases of invalid care allowance for child or adult dependants under section 90 of the Contributions and Benefits Act, the prescribed circumstances in which a beneficiary is entitled to such an increase shall be as set out in Schedule 2 to these Regulations.”.

(8) In regulation 13 of those Regulations–

(a) in the heading the words “,sickness benefit and invalidity pension”; and

(b) in paragraph (1) the words “,sickness benefit or invalidity pension”,

shall be omitted.

(1)

S.I. 1977/343. The relevant amending instruments are S.I. 1978/1698, 1980/827, 1983/186 and 1001, 1984/1698, 1699 and 1728, 1985/1190 and 1305, 1987/355, 1989/523 and 1642 and 1992/247 and 3041.

(2)

Paragraph (2A) was inserted into regulation 11 by S.I. 1987/355, regulation 4(b).