Regulation 10 Increase of benefit for ... person having care of child or qualifying young personF4 F19

(1)

Subject to the provisions of section 44 (increase F1... of a maternity allowance), section 46 (increase of a Category A or Category C retirement pension F2...), or section 66 (increase F3... of a disablement pension where the beneficiary is entitled to an unemployability supplement), this regulation shall apply for the purpose of determining whether a beneficiary is entitled to an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a ... person who has the care of a child or children F5or a qualifying young person or persons in respect of whom the beneficiary is entitled to child benefit.

(2)

A beneficiary shall not be entitled to an increase under the said section 44(3)(c), 46(2) or 66(1)(d) unless the ... person referred to in those sections—

(a)

has the care of such a child F6or qualifying young person as is referred to in those sectionsF7...

(b)

either—

(i)

is residing with the beneficiary, or

(ii)

is employed by him 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 by him before he became F8... incapable of work or F9entitled to a Category A or Category B retirement pension, as the case may be, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for F10the employment first arose thereafter; or

(iii)

is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase; and

(c)

subject to paragraph (3), is not absent from Great Britain; and

(d)

is not undergoing imprisonment or detention in legal custody; and

F11(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 F12or a qualifying young person or persons 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 F13or qualifying young person or persons and is not residing with him;

F14( f)

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(3)

In the case of ...F15... any pension to which this regulation applies, the condition referred to in sub-paragraph (c) of paragraph (2) shall not apply as respects any period during which the said F16... person is residing with the beneficiary outside Great Britain and for which by virtue of the provisions of any regulations made under section 82(5) (disqualification) or 131 (persons outside Great Britain) the beneficiary is not disqualified for receiving that benefit.

F17(4)

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F18(5)

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