SCHEDULE 2PRESCRIBED CIRCUMSTANCES FOR INCREASE OF F12A CARER’S ALLOWANCE
PART I
Increase of F12carer’s allowance for child dependants
1
For the purposes of increases of F12carer’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 F12a carer’s allowance for any period for which the beneficiary is entitled to child benefit in respect of a child or children F27or a qualifying young person or persons shall be increased in respect of that child, F28or qualifying young person or each respectively of those children, F29or qualifying young persons by the appropriate amount specified in relation to that allowance in column (2) of Part IV of Schedule 4 to the Act.
F12A
Where—
F14a
a beneficiary is a member of a couple; and
b
the other F15member 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.
F22B
No such increase shall be payable—
a
F52BB
The provisions of paragraphs 2A and 2B above shall not apply so as to affect entitlement to an increase of F12carer’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.
F32C
In this Part of this Schedule—
F16...
F34“child” includes includes a qualifying young person and “children” includes qualifying young persons;
- 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 F26as if they were a married couple or civil partners;
- a
F11“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.
3
Where a person is entitled to receive payment of an amount by way of an increase of F12a 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 F31or qualifying young person living with him; or
b
that the requisite contributions are being made to the cost of providing for the child F32or qualifying young person.
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.
5
Any sum or sums paid by a person by way of contribution towards the cost of providing for two or more children F33or qualifying young persons being children F33or qualifying young persons 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 F33or qualifying young persons so as to secure as large a payment as possible by way of F12carer’s allowance in respect of them.
PART II
Increase of F13carer’s allowance for adult dependants
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
7
The weekly rate of F13a 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 F23the Contributions and Benefits Act for any period during which the beneficiary is residing with—
F4b
some person (not being a child F19or qualifying young person) who—
i
ii
is not undergoing imprisonment or detention in legal custody;
F9iii
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 F20or 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 F13a carer’s allowance.
8
A person who is entitled to an increase of F13a carer’s allowance under paragraph 7(a) above shall not be entitled to an increase of that benefit under paragraph 7(b) above.
F79
1
2
Sub-paragraph (1) above shall not apply so as to affect entitlement to an increase of F13carer’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.
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