Paragraph 4

England, Wales and Scotland

C1(1)

Subject to the provisions of this paragraph and paragraph 5 below, the weekly rate of a disablement pension where the beneficiary is entitled to an unemployability supplement shall be increased for any period during which the beneficiary is entitled to child benefit in respect of F1one or more children or qualifying young persons.

(2)

The amount of the increase shall be as specified in Schedule 4, Part V, paragraph 7.

(3)

In any case where—

F2(a)

a beneficiary is one of two persons who are—

(i)

spouses or civil partners residing together, F3or

(F4ii)

two people who are not married to, or civil partners of, each other but are living together F5as if they were a married couple or civil partners, and

(b)

the other person had earnings in any week,

the beneficiary’s right to payment of increases for the following week under this paragraph shall be determined in accordance with sub-paragraph (4) below.

(4)

No such increase shall be payable—

(a)

in respect of the first child F6or qualifying young person where the earnings were F7£215 or more; and

(b)

in respect of a further child or qualifying young person for each complete F8£28 by which the earnings exceeded £215.

(5)

The Secretary of State may by order substitute larger amounts for the amounts for the time being specified in sub-paragraph (4) above.

(6)

In this paragraph “week” means such period of 7 days as may be prescribed by regulations made for the purposes of this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 4(1) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)(a)
F2: Sch. 7 para. 4(3)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 52(2); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Word in Sch. 7 para. 4(3)(a) inserted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(9)(a); and inserted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 4 para. 2(20)(a)(i)
F4: Sch. 7 para. 4(3)(a)(ii) substituted for Sch. 7 para. 4(3)(a)(ii)(iii) (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(9)(a); and substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 4 para. 2(20)(a)(ii)
F5: Words in Sch. 7 para. 4(3)(a)(ii) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 14(2)(e)
F6: Words in Sch. 7 para. 4(4) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)(b)
F7: Word in Sch. 7 para. 4(4)(a) substituted (11.4.2012) by The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012 (S.I. 2012/823), arts. 1, 2(a)
F8: Word in Sch. 7 para. 4(4)(b) substituted (11.4.2012) by The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012 (S.I. 2012/823), arts. 1, 2(b)

Modifications

C1: Sch. 7 para. 4(1) modified by The Social Security Benefit (Dependency) Regulations 1977 (S.I. 1977/343), reg. 4B (as substituted (9.4.2001) by S.I. 2000/1483, regs. 1, 5)

Notes on Increase for beneficiary’s dependent children and qualifying young persons

Textual amendments

F1: Words in Sch. 7 para. 4 cross-heading inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 16(2)