Increase for beneficiary’s dependent children [F1and qualifying young persons] E+W+S
Textual Amendments
F1Words in Sch. 7 para. 4 cross-heading inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)
4(1)Subject to the provisions of this paragraph and paragraph 5 below, the weekly rate of a disablement pension where the beneficiary is entitled to an unemployability supplement shall be increased for any period during which the beneficiary is entitled to child benefit in respect of [F2one or more children or qualifying young persons].E+W+S
(2)The amount of the increase shall be as specified in Schedule 4, Part V, paragraph 7.
(3)In any case where—
[F3(a)a beneficiary is one of two persons who are—
(i)spouses or civil partners residing together, [F4or]
[F5(ii)a man and woman who are not married to each other but are living together as if they were husband and wife, or
(iii)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]
[F5(ii)two people who are not married to, or civil partners of, each other but are living together as a married couple, and]]
(b)the other person had earnings in any week,
the beneficiary’s right to payment of increases for the following week under this paragraph shall be determined in accordance with sub-paragraph (4) below.
(4)No such increase shall be payable—
(a)in respect of the first child [F6or qualifying young person] where the earnings were [F7£215] or more; and
(b)in respect of a further child [F6or qualifying young person] for each complete [F8£28] by which the earnings exceeded [F8£215].
(5)The Secretary of State may by order substitute larger amounts for the amounts for the time being specified in sub-paragraph (4) above.
(6)In this paragraph “week” means such period of 7 days as may be prescribed by regulations made for the purposes of this paragraph.
Textual Amendments
F2Words in Sch. 7 para. 4(1) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)(a)
F3Sch. 7 para. 4(3)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 52(2); S.I. 2005/3175, art. 2(1), Sch. 1
F4Word in Sch. 7 para. 4(3)(a) inserted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(9)(a)
F5Sch. 7 para. 4(3)(a)(ii) substituted for Sch. 7 para. 4(3)(a)(ii)(iii) (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(9)(a)
F6Words in Sch. 7 para. 4(4) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)(b)
F7Word in Sch. 7 para. 4(4)(a) substituted (11.4.2012) by The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012 (S.I. 2012/823), arts. 1, 2(a)
F8Word in Sch. 7 para. 4(4)(b) substituted (11.4.2012) by The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012 (S.I. 2012/823), arts. 1, 2(b)
Modifications etc. (not altering text)
C1Sch. 7 para. 4(1) modified by The Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), reg. 4B (as substituted (9.4.2001) by S.I. 2000/1483, regs. 1, 5)