The Social Security Benefit (Dependency) Regulations 1977

Contribution towards cost of providing for child

5.—(1) Where, apart from section 43(1), 65(1) or 70(4), a person is entitled to receive, in respect of a particular child, payment under the Act of an amount by way of a child's special allowance (section 31), or a guardian's allowance (section 38) or of an increase under any of the provisions of section 41 of any benefit, or payment of an increase or allowance of any amount under section 64 or section 70, for any period, and neither of the conditions set out in the following paragraphs is satisfied, that person shall nevertheless for the purposes of the said section 43(1), 65(1) or 70(4) be deemed as respects that period to be making the contributions so required at a weekly rate not less than that required by the said section 43(1) or 65(1) if—

(a)he gives an undertaking in writing to make such contributions; and

(b)on receiving the amount of the allowance or increase in question, he in fact makes such contributions.

(2) The conditions referred to in paragraph (1) are—

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

(b)contributions are being made to the cost of providing for the child at a rate equal to the amount of the relevant increase of benefit.

(3) Where, in respect of any period, the person referred to in this regulation fails to make the contributions which he has undertaken to make in accordance with the first paragraph of this regulation, the decision awarding the increase or allowance in question for that period in respect of the child shall be revised.

(4) Where for the purposes of section 41, 49(a) or 64(1) (benefit for beneficiary's dependent children) a beneficiary, being a man, is entitled to an increase under the said section 41, 49(a) or 64(1) in respect of both a child regarded for the purposes of the Child Benefit Act as living with him and a child who is not to be so regarded but who is the elder or eldest child, he shall be deemed for the purposes of section 43(1) or 65(1) to be making the requisite contribution to the cost of providing for such elder or eldest child if he contributes at a rate not less than the lowest rate at which the particular increase or allowance becomes payable in his case.