The Social Security (Invalid Care Allowance) Regulations 1976

Increase of invalid care allowance for child dependants

12.—(1) For the purposes of increases of invalid care allowance for child dependants under section 49 of the Act, the prescribed circumstances in which a beneficiary is entitled to such an increase for any period shall be as set out in the following paragraphs of this regulation.

(2) The weekly rate of an invalid care allowance for any period for which the beneficiary has a family which includes a child or children shall be increased in respect of that child, or each respectively of those children, by the appropriate amount specified in relation to that allowance in column (2) or (3) of Part IV of Schedule 4 to the Act.

(3) A child of the family of a woman for the time being residing with the beneficiary is to be treated for the purposes of this regulation as a child of the beneficiary's family if the child—

(a) is an illegitimate son or daughter of theirs; or

(b) was born not less than 6 months before the day for which the increase provided by paragraph (2) above is claimed and was wholly or mainly maintained by the beneficiary throughout the 6 months ending immediately before that day.

(4) Where a person is entitled to receive payment of an amount by way of an increase of an invalid care allowance under the foregoing paragraphs of this regulation, that increase shall not be payable unless one of the following conditions is satisfied—

(a) that the child in question is living with the beneficiary; or

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

(5) The condition specified in paragraph (4)(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 paragraph (4) above—

(i) by the beneficiary, or

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

(b) where an allowance under the Family Allowances Act 1965 is payable in respect of the child as a child of the beneficiary's family, the contributions are over and above those required for the purposes of satisfying section 3(2) of that Act or (as the case may be) the Schedule to that Act, paragraph 1(1) , proviso.

(6) Where a person is entitled in respect of a child to a guardian's allowance under section 38 of the Act, the amount (if any) payable to that or any other person by way of invalid care allowance in respect of children of any family shall be such, and such only, as would be payable if the first-mentioned child were not included or treated as included in any family.

(7) Any sum or sums paid by a person by way of contribution towards the cost of providing for two or more children included or treated as included in that person's family, shall be treated as such contributions, of such respective amounts equal in the aggregate to the said sum or sums, in respect of those children so as to secure as large a payment as possible by way of invalid care allowance in respect of them.