The Social Security Benefit (Dependency) Regulations 1977

Regulation 12(2)

SCHEDULE 2 PRESCRIBED CIRCUMSTANCES FOR INCREASE OF [F1 A CARER’S ALLOWANCE]

Textual Amendments

F1 Words in Sch. 2 heading and Sch. 2 Pt. I substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 12

PART I

Increase of [F1 carer’s allowance] for child dependants

1.  For the purposes of increases of [F1 carer’s allowance] for child dependants under section 49, 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.

2.  The weekly rate of [F1 a carer’s allowance] for any period for which the beneficiary is entitled to child benefit in respect of 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) of Part IV of Schedule 4 to the Act.

[F2 2A.   Where—

[F3 (a) a beneficiary is a member of a couple; and]

(b) the other [F4 member of the couple] had earnings in any week,

the beneficiary’s right to payment of increases for the following week under paragraph 2 above shall be determined in accordance with paragraph 2B below.]

Textual Amendments

F2 Sch. 2 para. 2A inserted (26.11.1984) by The Social Security Benefit (Dependency, Claims and Payments and Hospital In-Patients) Amendment Regulations 1984 (S.I. 1984/1699), regs. 1, 3(c)

F3 Sch. 2 para. 2A(a) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(a)(i) (with art. 3)

F4 Words in Sch. 2 para. 2A(b) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(a)(ii) (with art. 3)

[F5 2B.   No such increase shall be payable—

(a) in respect of the first child where the earnings were [F6 £220] or more; and

(b) in respect of a further child for each complete [F7 £29] by which the earnings exceeded [F6 £220].]

Textual Amendments

F5 Sch. 2 para. 2B inserted (26.11.1984) by The Social Security Benefit (Dependency, Claims and Payments and Hospital In-Patients) Amendment Regulations 1984 (S.I. 1984/1699), regs. 1, 3(c)

F6 Sum in Sch. 2 para. 2B substituted (8.4.2013) by The Social Security Benefits Up-rating Regulations 2013 (S.I. 2013/599), regs. 1(1), 4(a)

F7 Sum in Sch. 2 para. 2B substituted (8.4.2013) by The Social Security Benefits Up-rating Regulations 2013 (S.I. 2013/599), regs. 1(1), 4(b)

[F8 2BB.   The provisions of paragraphs 2A and 2B above shall not apply so as to affect entitlement to an increase of [F1 carer’s allowance] in respect of a child in any case where the beneficiary—

(a) was entitled to receive such an increase immediately before 26th November 1984; and

(b) throughout the period from and including that date to the date of coming into operation of this paragraph was, or but for the operation of those paragraphs would have been, continuously so entitled,

until such time as he would otherwise first cease to be so entitled.]

Textual Amendments

F8 Sch. 2 para. 2BB inserted (6.4.1987) by The Social Security Benefit (Dependency) Amendment Regulations 1987 (S.I. 1987/355) regs. 1, 5(a)

[F9 2C.   In this Part of this Schedule—

• F10 ...

• [F11 [F12 “couple” means—

  (a)

  a man and woman who are married to each other and are members of the same household;

  (b)

  a man and woman who are not married to each other but are living together as husband and wife;

  (c)

  two people of the same sex who are civil partners of each other and are members of the same household; or

  (d)

  two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

  and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;]]

• [F11 “couple” means—

  (a)

  two people who are married to, or civil partners of, each other and are members of the same household; or

  (b)

  two people who are not married to, or civil partners of, each other but are living together as a married couple;]

• [F13 “week” means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid or ending on the day before the first day of the first such week following the date of claim.]]

Textual Amendments

F9 Sch. 2 para. 2C inserted (26.11.1984) by The Social Security Benefit (Dependency, Claims and Payments and Hospital In-Patients) Amendment Regulations 1984 (S.I. 1984/1699), regs. 1, 3(c)

F10 Words in Sch. 2 para. 2C omitted (5.12.2005) by virtue of The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(b)(i) (with art. 3)

F11 Words in Sch. 2 para. 2C substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107), art. 1(2), Sch. 1 para. 6

F12 Words in Sch. 2 para. 2C inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(b)(ii) (with art. 3)

F13 Words in Sch. 2 para. 2C substituted (25.11.1996) by The Social Security Benefit (Computation of Earnings) Regulations 1996 (S.I. 1996/2745), regs. 1, 17(b)

3.  Where a person is entitled to receive payment of an amount by way of an increase of [F1 a carer’s allowance] under paragraph 2 above, that increase shall not be payable unless one of the following conditions is satisfied—

(a) that the beneficiary would be treated for the purposes of the Child Benefit Act as having the child living with him; or

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

4.  The condition specified in paragraph 3(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 2 above—

(i) by the beneficiary, or

(ii) where the beneficiary is one of two spouses [F14 or civil partners] residing together, by them together; and

(b) the contributions are over and above those required for the purposes of satisfying subsection (1)(b) of section 3 of the Child Benefit Act.

Textual Amendments

F14 Words in Sch. 2 para. 4(a)(ii) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(c) (with art. 3)

5.  Any sum or sums paid by a person by way of contribution towards the cost of providing for two or more children being children in respect of whom, in the period for which the sum in question is paid by the person, he is entitled to child benefit 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 [F1 carer’s allowance] in respect of them.

PART II

Increase of [F15 carer’s allowance] for adult dependants

Textual Amendments

F15 Words in Sch. 2 Pt. II substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 12

6.  For the purposes of increases of [F15 carer’s allowance] for adult dependants under [F16 section 90 of the Contributions and Benefits Act], the prescribed circumstances in which a beneficiary is entitled to such an increase for any period shall be as set out in paragraph 7 below.

Textual Amendments

F16 Words in Sch. 2 para. 6 substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 5(a)

7.  The weekly rate of [F15 a carer’s allowance] shall be increased by the amount specified in relation to that allowance in column (3) of Part IV of Schedule 4 to [F17 the Contributions and Benefits Act] for any period during which the beneficiary is residing with—

[F18 (a) a spouse [F19 or civil partner] whose weekly earnings do not exceed that amount;]

[F20 (b) some person (not being a child [F21 or qualifying young person]) who—

(i) has the care of a child or children [F22 or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefitF23 ...

(ii) is not undergoing imprisonment or detention in legal custody;

[F24 (iii) if he has earnings, does not have weekly earnings exceeding that amount and for this purpose there shall be disregarded any weekly earnings derived from employment by the beneficiary in caring for a child or children [F22 or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefit;]

(iv) is not absent from Great Britain, except for any period during which the person is residing with the beneficiary outside Great Britain and for which the beneficiary is entitled to [F15 a carer’s allowance].]

Textual Amendments

F17 Words in Sch. 2 para. 7 substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 5(b)

F18 Sch. 2 para. 7(a) substituted (11.4.1988) by The Social Security Benefit (Dependency) Amendment Regulations 1988 (S.I. 1988/554), regs. 1(1), 5(a)

F19 Words in Sch. 2 para. 7(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(7)(d) (with art. 3)

F20 Sch. 2 para. 7(b) substituted retrospectively (22.12.84) by Social Security Act 1986 (c.50), s. 37(2)

F21 Words in Sch. 2 para. 7(b) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(4)(a)

F22 Words in Sch. 2 para. 7(b) inserted (10.4.2006) by The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations 2006 (S.I. 2006/692), regs. 1, 2(4)(b)

F23 Words in Sch. 2 para. 7(b)(i) omitted (6.4.1987) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1987 (S.I. 1987/355) regs. 1, 5(b)

F24 Sch. 2 para. 7(b)(iii) substituted (11.4.1988) by The Social Security Benefit (Dependency) Amendment Regulations 1988 (S.I. 1988/554), regs. 1(1), 5(b)

8.  A person who is entitled to an increase of [F15 a carer’s allowance] under paragraph 7(a) above shall not be entitled to an increase of that benefit under paragraph 7(b) above.

[F25 9.— (1) Subject to sub-paragraph (2) below in this Schedule any reference to earnings includes a reference to payments by way of [F26 occupational or personal pension] [F27 or PPF periodic payment].

(2) Sub-paragraph (1) above shall not apply so as to affect entitlement to an increase of [F15 carer’s allowance] in respect of a child or adult dependant in any case where the beneficiary—

(a) was entitled to receive such an increase immediately before this paragraph came into operation; and

(b) but for the operation of sub-paragraph (1) above would continue to be so entitled,

until such time as he would first otherwise cease to be so entitled.]

Textual Amendments

F25 Sch. 2 para. 9 inserted (6.4.1987) by virtue of The Social Security Benefit (Dependency) Amendment Regulations 1987 (S.I. 1987/355) regs. 1, 5(c)

F26 Words in Sch. 2 para. 9(1) substituted (9.10.1989) by The Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989 (S.I. 1989/1690) regs. 1(1), 2 (with 4(1), 4(3))

F27 Words in Sch. 2 para. 9(1) inserted (5.5.2006) by The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations 2006 (S.I. 2006/1069), regs. 1(1), 2(3)