Article 5 Increase of allowance in respect of spouse or civil partnerF2F9

Subject to the provisions of paragraph (3), for any period during which a person entitled to an allowance in respect of total disablement would be treated as residing with F1his or her spouse F3or civil partner or contributing to his or her maintenance at a weekly rate of not less than the amount specified in paragraph (2) the weekly rate of the allowance payable to that person shall, subject to the provisions of Schedule 2, be increased by the amount specified in paragraph (2).

For the purposes of paragraph (1) and of paragraph 2 of Schedule 2, the specified amount shall be an amount equal to the increase of benefit in respect of an adult dependant specified in F4paragraph 1(a) of Part IV of Schedule 4 to the Social Security Act.

Where a person is also entitled to an increase of allowance under the provisions of article 7(1), and is residing with his or her spouse F5or civil partner, the provisions of paragraph 1(b) of Schedule 2 shall not have effect, but where the earnings of his or her spouse or civil partner for the calendar week ending last before any week for which F6he or she is entitled to any such increase of allowance exceeded the amount first stated in section 66(4) of the Social Security Act, the increase of allowance under this article shall be reduced in the manner provided by the said section 66(4), and for those purposes the earnings of his or her spouse or civil partner shall be calculated in accordance with the provisions of regulations 2 to 5 of the Social Security Benefits (Computation of Earnings) Regulations 1978.

Where in any case a person is entitled to an increase of allowance under the provisions of article 7(1), the foregoing provisions of this article shall apply but with the substitution of the words “paragraph 12 F7of Part V” for the words “F8paragraph 1(a) of Part IV” in paragraph (2).