Regulation 8 Earnings rules for increases for adult dependantsF1

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–

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).

Where paragraph (1) F7or (1A) applies, there shall be no increase of benefit for any period during which the beneficiary is residing with his spouse F8or civil partner and his spouse or civil partner has earnings if the earnings of the spouse 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 F9the 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).

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–

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 F10the 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).

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–

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 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).

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.

Where an increase of benefit is claimed in respect of a spouse F11or 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 or civil partner at a rate less than the standard rate of the increase and the weekly earnings of the spouse or civil partner exceed that rate.

In this regulation–