The Social Security Benefit (Dependency) Amendment Regulations 1989

• Citation: S.I. 1989/523
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1989 and shall come into force on 11th April 1989.

(2) In these Regulations, “the principal Regulations ” means the Social Security Benefit (Dependency) Regulations 1977 .

Section 2 Amendment of regulation 4A.

In regulation 4A(1) of the principal Regulations (circumstances in which a person who is not entitled to child benefit is to be treated as if he was so entitled) the word “female” shall be omitted.

Section 3 Amendment of regulation 4B

In regulation 4B(3) of the principal Regulations (circumstances in which a person entitled to child benefit is to be treated as if he was not so entitled) after the words “For the purposes of sections” there shall be inserted the words “25(1) (entitlement to a widowed mother’s allowance)” and for the words “(child receiving financial support under the Employment and Training Act 1973)” there shall be substituted the words “(child receiving training under the youth training scheme)”.

Section 4 Substitution of reference

In regulation 8(7) of the principal Regulations (meaning of “week”) for the words “regulation 16(6) of the Social Security (Claims and Payments) Regulations 1979” there shall be substituted the words “regulation 22 of and paragraph 5 of Schedule 6 to the Social Security (Claims and Payments) Regulations 1987” .

Section 5 Apportionment of payments by way of occupational pension made otherwise than weekly.

Immediately before regulation 10 of the principal Regulations (increase of benefit for person having care of child) there shall be inserted the followingregulation –

Apportionment of payments by way of occupational pension made otherwise than weekly

(9A) For the purposes of the provisions mentioned in section 47B(1) and in section 66A(1) of the 1975 Act , (earnings to include occupational pensions for certain purposes) where payment by way of occupational pensions is for any period made otherwise than weekly, the amount of any such payment for any week in that period shall be determined –

(a) where payment is made for a year, by dividing the total by 52;

(b) where payment is made for three months, by dividing the total by 13;

(c) where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

(d) where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

(e) in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

Section 6 Amendment of regulation 10(2)(e)

For sub-paragraph (e) of regulation 10(2) of the principal Regulations (increase of benefit for person having care of child) there shall be substituted the following sub-paragraph–

(e) either –

(i) has no earnings or has earnings but they do not exceed the standard rate of increase (there being disregarded for this purpose any earnings derived from employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit), or

(ii) is employed by the beneficiary in caring for such child or children and is not residing with him;

Section 7 Revocations

Regulation 10(2)(f) of the principal Regulations (increase of benefit for a woman having the care of a child) and regulation 2(8) of the Social Security Benefit (Dependency) Amendment Regulations 1984 (which inserts new sub-paragraph (f) in regulation 10(2) of the principal Regulations) are hereby revoked.