The Social Security Benefit (Dependency) Regulations 1977

[F1 Earnings rules for increases for adult dependants

8.— (1) This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse who is residing with the beneficiary and the increase is claimed under any of the following provisions of the Contributions and Benefits Act–

(a) section 83(2) (increase of Category A or Category C retirement pension F2 ... in respect of a wife); [F3 or]

(b) section 84(1) (increase of Category A retirement pension in respect of a husband); F4 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (1A) This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse or a civil partner who, in either case, is residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(i) of Schedule 7 to the Contributions and Benefits Act (increase of disablement pension in respect of a spouse or civil partner where beneficiary entitled to unemployability supplement).]

(2) Where paragraph (1) [F7 or (1A)] applies, there shall be no increase of benefit for any period during which the beneficiary is residing with his spouse [F8 or civil partner] and his spouse [F8 or civil partner] has earnings if the earnings of the spouse [F8 or civil partner] in the week in that period which falls immediately before the week in which the beneficiary is entitled to benefit under any provision specified in paragraph (1) exceed [F9 the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(3) Where the person referred to in section 85(2) of the Contributions and Benefits Act (“the dependant”) is residing with the pensioner, the weekly rate of a pension to which section 85 of that Act applies shall be increased by the amount specified in relation to that pension in column 3 of Part IV of Schedule 4 to that Act but there shall be no increase of pension for any period–

(a) during which the pensioner is residing with the dependant; and

(b) the dependant has earnings,

if the earnings of the dependant in the week in that period which falls immediately before the week in which the pensioner is entitled to the pension exceed [F10 the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(4) Where the person referred to in paragraph 6(1)(b) of Schedule 7 to the Contributions and Benefits Act (“the dependant”) is residing with the beneficiary, the weekly rate of the disablement pension to which that paragraph applies shall be increased by the amount referred to in paragraph 8 of Part V of Schedule 4 to that Act but there shall be no increase of disablement pension for any period–

(a) during which the beneficiary is residing with the dependant; and

(b) the dependant has earnings,

if the earnings of the dependant in the week in that period which falls immediately before the week in which the beneficiary is entitled to a disablement pension exceed [F10 the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations 1996 (age related amount for a claimant who has attained the age of 25).]

(5) In determining the earnings of a dependant for the purposes of paragraphs (3) and (4), no account shall be taken of any earnings of that person from employment by the pensioner or the beneficiary as the case may be in caring for a child or children in respect of whom the pensioner or the beneficiary is entitled to child benefit.

(6) Where an increase of benefit is claimed in respect of a spouse [F11 or civil partner] who is not residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(ii) of Schedule 7 to the Contributions and Benefits Act there shall be no increase of benefit for any period during which the beneficiary is contributing to the maintenance of the spouse [F11 or civil partner] at a rate less than the standard rate of the increase and the weekly earnings of the spouse [F11 or civil partner] exceed that rate.

(7) In this regulation–

(a) “week” means–

(i) in relation to Category A or Category C retirement pension the period of 7 days beginning with the day on which in accordance with the provisions of regulation 22 of and paragraph 5 of Schedule 6 to the Social Security (Claims and Payments) Regulations 1987 is the day for payment of the retirement pension in question; and

(ii) in relation to any other benefit [F12 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 ]; and

(b) any reference to earnings includes a reference to payments by way of occupational or personal pension.]

Textual Amendments

F1 Reg. 8 substituted (5.12.1992) by The Social Security Benefit (Dependency) Amendment Regulations 1992 (S.I. 1992/3041), regs. 1(1), 3 (with reg. 4)

F2 Words in reg. 8(1)(a) omitted (13.4.1995) by The Social Security (Incapacity Benefit - Increases for Dependants) Regulations 1994 (S.I. 1994/2945), regs. 1(1), 15(4)

F3 Word in reg. 8(1)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(a)(i) (with art. 3)

F4 Word in reg. 8(1)(b) omitted (5.12.2005) by virtue of The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(a)(ii) (with art. 3)

F5 Reg. 8(1)(c) omitted (5.12.2005) by virtue of The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(a)(iii) (with art. 3)

F6 Reg. 8(1A) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(b) (with art. 3)

F7 Words in reg. 8(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(c)(i) (with art. 3)

F8 Words in reg. 8(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(c)(ii) (with art. 3)

F9 Words in reg. 8(2) substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(4) (with reg. 12(5)(6))

F10 Words in reg. 8(3)(4) substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 12(4) (with reg. 12(5)(6))

F11 Words in reg. 8(6) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 7(5)(d) (with art. 3)

F12 Words in reg. 8(7)(a)(ii) substituted (25.11.1996) by The Social Security Benefit (Computation of Earnings) Regulations 1996 (S.I. 1996/2745), regs. 1, 17(a)