C3Part IV Increases for dependants
Child dependants
F24F4880 Beneficiary’s dependent children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2581 Restrictions on increase - child not living with beneficiary, etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adult dependants
82 Short-term benefit: increase for adult dependants.
1
Subject to section 61 above and section 87 below, the weekly rate of unemployment benefit F1. . .it shall be increased by the amount specified in relation to the F2that benefit in Schedule 4, Part IV, column (3), for any period during which—
a
the beneficiary is—
i
residing with his wife, or
ii
contributing to the maintenance of his wife at a weekly rate not less than that amount; and
b
his wife does not have weekly earnings which exceed that amount.
F32
Subject, in particular, to subsection (5) and section 87 below, the weekly rate of a maternity allowance shall be increased by the amount specified in relation to that benefit in Schedule 4, Part IV, column (3) (“the amount of the relevant increase”) for any period to which this subsection applies by virtue of subsection (3) or (4) below.
3
Subsection (2) above applies by virtue of this subsection to any period during which—
a
the beneficiary’s husband F28or civil partner does not have weekly earnings which exceed the amount of the relevant increase, and
4
Subsection (2) above applies by virtue of this subsection to any period during which a person—
a
b
in respect of whom such further conditions as may be prescribed are fulfilled,
has the care of F44one or more children or qualifying young persons in respect of whom the beneficiary is entitled to child benefit.
5
A beneficiary shall not under subsection (2) above be entitled for the same period to an increase of benefit in respect of more than one person.
X183 Pension increase (wife).
1
This section applies to—
a
a Category A or Category C retirement pension;
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subject to subsection (3) below, the weekly rate of a pension to which this section applies, when payable to a man, shall be increased by the amount specified in relation to the pension in Schedule 4, Part IV, column (3)—
a
for any period during which the pensioner is residing with his wife; or
b
for any period during which the pensioner is contributing to the maintenance of his wife at a weekly rate not less than that amount, and his wife does not have weekly earnings which exceed that amount.
3
Regulations may provide that for any period during which the pensioner is residing with his wife and his wife has earnings—
a
the increase of benefit under this section shall be subject to a reduction in respect of the wife’s earnings; or
b
there shall be no increase of benefit under this section.
X284 Pension increase (husband).
1
Where a Category A retirement pension is payable to a woman for any period—
F5a
which began immediately on the termination of a period for which the pensioner was entitled to an increase in incapacity benefit by virtue of any provision of regulations under section 86A below prescribed for the purposes of this paragraph, and
b
during which the requirements of either paragraph (a) or (b) of subsection (2) below are satisfied (without interruption),
then, the weekly rate of the pensioner’s Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part IV, column (3) (“the specified amount”).
2
The requirements referred to in subsection (1)(b) above are—
a
that the pensioner is residing with her husband;
b
that the pensioner is contributing to the maintenance of her husband at a weekly rate not less than the specified amount, and her husband does not have weekly earnings which exceed that amount.
3
Regulations may provide that for any period during which the pensioner is residing with her husband and her husband has earnings—
a
the increase of benefit under this section shall be subject to a reduction in respect of the husband’s earnings; or
b
there shall be no increase of benefit under this section.
85 Pension increase (person with care of children F47or qualifying young persons).
F321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F331A
Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit.
2
Subject to F34subsections (3) and (4) below, the weekly rate of a F35Category C retirement pension payable by virtue of section 78(1) above shall be increased by the amount specified in relation to that pension in Schedule 4, Part IV, column (3) for any period during which a person who is neither the spouse of the pensioner nor a child F45or qualifying young person has the care of F46one or more children or qualifying young persons in respect of whom the pensioner is entitled to child benefit.
F362A
Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.
3
Subsection (2) above does not apply if the pensioner is a F6person whose spouse is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.
4
Regulations may, in a case within subsection F37(1A) or (2) above in which the person there referred to is residing with the pensioner and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this section, but subject, taking account of the earnings of the person residing with the pensioner, other than such of that person’s earnings as may be prescribed, to provisions comparable to those that may be made by virtue of section 83(3) above.
F786. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86AF8 Incapacity benefit: increase for adult dependants.
1
The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3).
2
Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.
C187 Rate of increase where associated retirement pension is attributable to reduced contributions.
1
Where a person—
F9a
is entitled to short-term incapacity benefit under section 30A(2)(b) above; and
b
would have been entitled only by virtue of section 60(1) above to the retirement pension by reference to which the rate of that benefit F10. . . is determined,
F11the amount of any increase of the benefit attributable to sections 82 to 86A above shall be determined in accordance with regulations under this section.
2
The regulations shall not provide for any such increase in a case where the retirement pension by reference to which the rate of the said benefit F10. . . is determined—
a
would have been payable only by virtue of section 60 above; and
b
would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension.
F1288 Increases to be in respect of only one adult dependant.
A person shall not under or by virtue of sections 83 to F4985 above be entitled for the same period to an increase of benefit in respect of more than one person.
Miscellaneous
C289 Earnings to include occupational and personal pensions F42etc. for purposes of provisions relating to increases of benefits in respect of F23... adult dependants.
1
F381A
Except as may be prescribed, in sections 82 F50to 85 above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of PPF periodic payments.
2
For the purposes of the provisions mentioned in F39subsections (1) and (1A) above, the Department may by regulations provide, in relation to cases where payments by way of occupational or personal pension F40or PPF periodic payments are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.
F413
In this section “PPF periodic payments” means—
a
any periodic compensation payments made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or
b
any periodic payments made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.),
other than payments made to a surviving dependant of a person entitled to such compensation.
90 Beneficiaries under sections 68 and 70.
The weekly F14rate
b
of F15a carer’s allowance ,
91 Effect of trade disputes on entitlement to increases.
1
A beneficiary shall not be entitled—
a
to an increase in any benefit F17under or by virtue of sections 82 to 88 above; or
b
to an increase in benefit F27... by virtue of regulations under section 90 above,
if the person in respect of whom he would be entitled to the increase falls within subsection (2) below.
F182
A person falls within the subsection if—
a
he is prevented for being entitled to a jobseeker’s allowance by Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes); or
b
he would be so prevented if he were otherwise entitled to that benefit.
92 Dependency increases: continuation of awards in cases of fluctuating earnings.
1
Where a beneficiary—
a
has been awarded an increase of benefit under this Part of this Act, but
b
ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount,
then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount.
2
In this section the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.
93 Dependency increases on termination of employment after period of entitlement to disability working allowance.
Where—
F19a
a person becomes entitled—
i
to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above;. . .
F20ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
when he was last entitled to that F21benefit. . ., it was increased in respect of a dependant by virtue of—
i
regulation 8(6) of the M1Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977;
ii
regulation 3 of the M2Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1984;
iii
regulation 2 of the M3Social Security (Savings for Existing Beneficiaries) Regulations (Northern Ireland) 1984; or
iv
regulation 4 of the M4Social Security Benefit (Dependency and Computation of Earnings) (Amendment) Regulations (Northern Ireland) 1989,
for the purpose of determining whether his F21benefit. . . should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his F21benefit. . ., the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his F21benefit. . . was previously payable and the day on which he again becomes entitled to it.
Pt. IV (ss. 80-93): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).