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Regulation 12(2)

SCHEDULE 2PRESCRIBED CIRCUMSTANCES FOR INCREASE OF [F1A CARER’S ALLOWANCE]

Textual Amendments

PART I

Increase of [F1carer’s allowance] for child dependants

1.  For the purposes of increases of [F1carer’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 [F1a 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.

[F22A.   Where—

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

(b)the other [F4member 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

[F52B.   No such increase shall be payable—

(a)in respect of the first child where the earnings were F6[F7£240] or more; and

(b)in respect of a further child for each complete F8[F9£32] by which the earnings exceeded F6[F7£240].]

Textual Amendments

F7Sum in Sch. 2 para. 2B substituted (8.4.2019) (EW) by The Social Security Benefits Up-rating Regulations 2019 (S.I. 2019/552), regs. 1(1), 5(a)

F9Sum in Sch. 2 para. 2B substituted (8.4.2019) (EW) by The Social Security Benefits Up-rating Regulations 2019 (S.I. 2019/552), regs. 1(1), 5(b)

[F102BB.  The provisions of paragraphs 2A and 2B above shall not apply so as to affect entitlement to an increase of [F1carer’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

[F112C.   In this Part of this Schedule—

Textual Amendments

3.  Where a person is entitled to receive payment of an amount by way of an increase of [F1a 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 [F17or 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

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 [F1carer’s allowance] in respect of them.

PART II

Increase of [F18carer’s allowance] for adult dependants

Textual Amendments

6.  For the purposes of increases of [F18carer’s allowance] for adult dependants under [F19section 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

7.  The weekly rate of [F18a 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 [F20the Contributions and Benefits Act] for any period during which the beneficiary is residing with—

[F21(a)a spouse [F22or civil partner] whose weekly earnings do not exceed that amount;]

[F23(b)some person (not being a child [F24or qualifying young person]) who—

(i)has the care of a child or children [F25or a qualifying young person or persons] in respect of whom the beneficiary is entitled to child benefitF26...

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

[F27(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 [F25or 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 [F18a carer’s allowance].]

Textual Amendments

F21Sch. 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)

F23Sch. 2 para. 7(b) substituted retrospectively (22.12.84) by Social Security Act 1986 (c.50), s. 37(2)

F26Words 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)

8.  A person who is entitled to an increase of [F18a carer’s allowance] under paragraph 7(a) above shall not be entitled to an increase of that benefit under paragraph 7(b) above.

[F289.—(1) Subject to sub-paragraph (2) below in this Schedule any reference to earnings includes a reference to payments by way of [F29occupational or personal pension] [F30or PPF periodic payment].

(2) Sub-paragraph (1) above shall not apply so as to affect entitlement to an increase of [F18carer’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

F28 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)

F29Words 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))