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Social Security Benefit (Dependency) Regulations 1977

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 51 Related
JurisdictionUK Non-devolved
CitationSI 1977/343
Year1977
(1) These regulations may be cited as the Social Security Benefit (Dependency) Regulations 1977 and shall come into operation on 4th April 1977, immediately after the coming into operation of the Social Security (Child Benefit Consequential) Regulations 1977.(2) In these regulations, unless the context otherwise requires—
  • “the Act” means the Social Security Act 1975;
  • “the Child Benefit Act” means the Child Benefit Act 1975;
  • F58“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
  • “entitled to child benefit” includes treated as so entitled;
  • “parent” has the meaning assigned to it by section 24(3) of the Child Benefit Act;
  • F88“determining authority” means, as the case may require, the Secretary of State, F132the First-tier Tribunal or the Upper Tribunal;
  • “the standard rate of increase” means the amount specified in Part IV or Part V of Schedule 4 to the Act as the amount of an increase for an adult dependant of the benefit in question,
and other expressions have the same meanings as in the Act.(3) Regulations 2(2) and (3) , 4 and 5(1) shall, with any necessary modifications, apply to F95carer’s allowance as they apply to retirement pension.(3A) Nothing in these Regulations applies for the purposes of incapacity benefit under section 30A of the Contributions and Benefits Act.a numbered section is to the section of the Act bearing that number;a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument and in relation to any revocation effected by it as if this instrument, the regulations revoked by it and any regulations revoked by the regulations so revoked were Acts of Parliament, and as if each revocation were a repeal.when when in employment, or not incapable of work, or, as the case may be, not so F54entitled (except in a case where the dependency did not arise until after that time) contributed more than half of the actual cost of maintenance of that person.a person is partly maintained by each of 2 or more other persons each of whom could be entitled to an increase of benefit under the Act in respect of that person if he were wholly or mainly maintaining that person, andthe contributions made by those other persons towards the maintenance of that person amount in the aggregate to sums which, if they were contributed by one of them, would be sufficient to satisfy the foregoing requirements of this regulation,that person shall for purposes of the Act be deemed to be wholly or mainly maintained by that one of the said other persons who—makes the larger or largest contributions to the maintenance of that person, orin a case where no person makes the larger or largest contributions as aforesaid, is the elder or eldest of the said other persons, orin any case, is a person designated in that behalf by a notice in writing signed by a majority of the said other persons and addressed to the Secretary of State,(3) A notice and the designation contained therein given under the foregoing paragraph may be revoked at any time by a fresh notice signed by a majority of such persons and another one of their number may be designated thereby, and accordingly the provisions of that paragraph shall apply to the one so last designated.(1) Subject to the provisions of this regulation, any sum or sums paid by a person by way of contribution towards either or both of the following, that is to say the maintenance of his F11spouseF103or civil partner and the cost of providing for one or more children to whom this regulation refers, shall be treated for the purposes of section 31(c) (i) , ... ...F3444(3) (a) , 45(2) (b) , F3445A(2) (b) , ... 65(1) , 66(1) (a) or F2770(2) (conditions as to maintenance) as such contributions of such respective amounts equal in the aggregate to the said sum or sums, in respect of such of the persons hereinafter mentioned, that is to say, his F11spouseF103or civil partner or any child or children to whom this regulation refers, as may be determined by the determining authority so as to secure as large a payment as possible by way of benefit in respect of dependants.(2) A sum paid by way of contribution towards the maintenance of a F12spouseF104or civil partner shall not be treated by virtue of this regulation as a sum paid by way of contribution towards the cost of providing for a child or children, and a sum paid by way of contribution towards the cost of providing for a child or children shall not be so treated as a sum paid by way of contribution towards the maintenance of a F12spouseF104or civil partner, unless in either case the wife is entitled to child benefit in respect of the child or children.(3) Except for the purposes of section 31(c) (i) (child's

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