
1 

(1) These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1988 and shall come into force on 11th April 1988.
(2) In these Regulations, “the principal regulations” means the Social Security Benefit (Dependency) Regulations 1977.
2 
For regulation 4 of the principal regulations (deeming benefit under the Act abated under section 12(2) of the Supplementary Benefits Act 1976 to be a contribution for the maintenance of children or adult dependants), there shall be substituted the following regulation—“
4 
Where for any period a person (in this regulation referred to as A) is entitled to, or to an increase in the amount of, any benefit prescribed under section 27(3)(a) of the Social Security Act 1986 (prevention of duplication of payments) in respect of another person (in this regulation referred to as B) and the amount of, or of the increase in, any such benefit is abated under section 27(3) of the Social Security Act 1986, then in determining for the purpose of the Social Security Act 1975 whether A is wholly or mainly maintaining or is contributing at any weekly rate to the maintenance of, or is or has been contributing at any weekly rate to the cost of providing for, B, the amount by which such benefit for any week has been so abated shall be deemed to be a contribution of that amount for that week made by A for the maintenance of B.”
3 
In regulation 4B(3) of the principal regulations (circumstances in which person entitled to child benefit is to be treated as if he were not so entitled) for the words “or 7C (child receiving supplementary benefit) of the Child Benefit(General) Regulations 1976”, there shall be substituted the words “or 7C (child receiving income support) of the Child Benefit (General) Regulations 1976 or any provision contained in regulations made under section 4(1) of the Child Benefit Act in so far as those regulations provide that child benefit is not to be payable by virtue of section 2(1)(aa) of the Child Benefit Act and regulations made under that paragraph”.
4 
For sub-paragraph (e) of regulation 10(2) of the principal regulations (increase of benefit for person having care of child) there shall be substituted the following sub-paragraph—“
(e) has, in the case of a person with earnings, weekly earnings at or below the standard rate of increase and for this purpose weekly earnings derived from the person’s employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit shall be disregarded but only if the person is residing with the beneficiary.”
5 
In paragraph 7 of Schedule 2 to the principal regulations  (increase of invalid care allowance for adult dependants)—
(a) for sub-paragraph (a) there shall be substituted the following sub-paragraph—“
(a) a spouse whose weekly earnings do not exceed that amount;”;
(b) for head (iii) of sub-paragraph (b) there shall be substituted the following head—“
(iii) if he has earnings, does not have weekly earnings exceeding that amount and for this purpose there shall be disregarded any weekly earnings derived from employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit;”.
Signed by authority of the Secretary of State for Social Services.
Nicholas Scott
Minister of State,
Department of Health and Social Security
21st March 1988