Article 12 Allowances for eligible members of the family
Where a pension under Article 11 is awarded to a disabled person, allowances in respect of the eligible members of the family of that person may be awarded in accordance with the following provisions of this Article.
Subject to the following provisions of this Article, an allowance under this Article in respect of an eligible member of the family shall be at such proportion of the weekly rates set out in the following Table as corresponds to the degree of disablement in relation to which that member is an eligible member of the family:
TABLE
| Eligible member of the family | Maximum weekly rate |
|---|---|
| p. | |
| (a) wife or dependent husband | 60 |
| (b) the first dependent child where an allowance under (a) is not being paid | 60 |
Subject to the following provision of this Article, the award, continuance and amount of any allowance under this Article in respect of an eligible member of the family who is living apart from the disabled person shall be at the discretion of the Secretary of State, so, however, that the amount of the allowance shall not exceed the amount which would have been appropriate in respect of that member under paragraph (2) of this Article if he had not been living apart from the disabled person.
Where the disabled person is a married woman residing with her husband, an allowance shall not be awarded under this Article in respect of a dependent child of hers unless her husband is in need and incapable of self-support.
Subject to paragraph (6), no award of an allowance under this Article shall be made, continued or continue to have effect in respect of a child who has attained the age of 15 unless he is undergoing full-time education and is under the age of 19 years.
Subject to the condition that no allowance under this Article may be continued or may continue to have effect in respect of a child in respect of any period after that child has attained the age of 19, such allowance may be continued or may continue to have effect in respect of a period not exceeding 13 weeks after the child ceases to undergo full-time education as aforesaid as the Secretary of State may in any particular case determine.
For the purposes of item (b) of the Table in paragraph (2) of this Article the expression “the first dependent child” means the eldest dependent child of the disabled person after disregarding any child in respect of whom, by virtue of paragraph (5) of this Article no award of an allowance, otherwise than by virtue of the last foregoing paragraph, may be made, continued, or continue to have effect.