The Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994

Increase of incapacity benefit for adult dependants and persons having the care of children [F1or qualifying young persons] E+W+S

9.—(1) Subject to regulation 14, a beneficiary shall be entitled to an increase of incapacity benefit under section 86A(1) if–

(a)he is residing with a spouse [F2or civil partner] of his and either–

(i)the spouse [F2or civil partner] [F3has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002]; or

[F4(ii) the beneficiary is entitled to child benefit in respect of a child [F5or qualifying young person]; or]

(b)he has a spouse [F6or civil partner] who [F7has reached the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002] and not residing with him but to whose maintenance he contributes at a weekly rate equal to or greater than the rate of the increase; or

(c)there is an adult who–

(i)is resident with him; and

[F8(ii) cares for a child [F5or qualifying young person] in respect of whom the beneficiary is entitled to child benefit; or]

(d)subject to paragraph (3) there is an adult who–

(i)is not resident with him; and

[F9(ii) cares for a child [F5or qualifying young person] in respect of whom the beneficiary is entitled to child benefit]

and in regulation 10 “dependant” means a person who satisfies the conditions set out in any of the sub–paragraphs of this paragraph.

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(2A) For the purposes of, and subject to, paragraph (1), where, on any day, an adult dependant is a person who does approved work on a trial basis within the meaning of regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in work trials to be treated as incapable of work), the beneficiary shall be treated as entitled to an increase under section 86A of the Contributions and Benefits Act.]

[F12(2B) For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which—

(a)child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either—

(i)the child or qualifying young person is being wholly or mainly maintained by the beneficiary; or

(ii)the beneficiary is also a parent of the child or qualifying young person; or

(b)(i)the beneficiary;

(ii)his spouse or civil partner with whom he is residing; or

(iii)a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit,

would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.]

[F12(2C) Where for any period a person who is in Great Britain could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom—

(a)he;

(b)his spouse or civil partner who is residing with him; or

(c)a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit,

is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question.

(2D) For the purposes of paragraphs (2B) and (2C)—

(a)“week” means a period of 7 days beginning with a Monday; and

(b)a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 143 (meaning of “person responsible for child or qualifying young person”).]

(3) A beneficiary shall not be entitled to an increase of incapacity benefit under paragraph (1)(d) unless the other person–

(a)is employed by the beneficiary in an employment in respect of which the weekly expenses incurred by the beneficiary are not less than the standard rate of increase and was so employed before the beneficiary became incapable of work, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for the employment first arose thereafter; or

(b)is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase.