SOCIAL SECURITY Citation and commencement 1 These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1987 and shall come into force on 6th April 1987. Amendment of the Social Security Benefit (Dependency) Regulations 1977 2 The Social Security (Dependency) Regulations 1977 (“the principal Regulations”) shall be amended in accordance with the following provisions of these Regulations. Amendment of regulation 4B of the principal regulations 3 After paragraph (2) of regulation 4B of the principal regulations (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled) there shall be inserted the following paragraph— 3 For the purposes of sections 31(b) (child’s special allowance), 38(1) (guardian’s allowance), 41, 44(3)(c), 46(2), 49, 64(1) and 66(1)(d) (increase of benefit in respect of dependent children and persons having care of dependent children) and 70(1)(a)(ii) (industrial death benefit) a person who is entitled to child benefit in respect of a child shall be treated as not so entitled for any period for which that benefit is not payable by virtue of any of the provisions of regulations 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child), 7A (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education), 7B (child receiving financial support under the Employment and Training Act 1973) or 7C (child receiving supplementary benefit) of the Child Benefit (General) Regulations 1976 . Amendment of regulation 11 of the principal regulations 4 Regulation 11 (contribution to maintenance of adult dependant) shall be amended as follows— a in paragraph (2) the words “or section 66(1)(a)” and “or section 66(1)(d)” shall be omitted; b after paragraph (2) there shall be inserted the following paragraph— 2A Where, within one month of having been entitled to an increase of unemployment benefit or sickness benefit under section 44(3)(a) by virtue of contributing to the maintenance of her husband at a weekly rate not less than the standard rate of the increase, a woman becomes entitled to a benefit which attracts a standard rate of increase higher than that of the benefit to which she had been entitled, she shall be deemed to satisfy the condition in paragraph (1)(a) if she satisfies it in relation to the benefit to which she had been entitled, and in this paragraph “entitled” includes deemed to have been entitled. ; and c in paragraph (3) for “paragraph (2)” there shall be substituted “paragraphs (2) and (2A)” and at the end there shall be added “or the condition of section 44(3)(a) that her husband is not engaged in any one or more employments from which his weekly earnings exceed the standard rate of increase.”. Amendment of Schedule 2 to the principal regulations 5 Schedule 2 to the principal regulations shall be amended as follows— a after paragraph 2B of that Schedule there shall be inserted the following paragraph— 2BB The provisions of paragraphs 2A and 2B above shall not apply so as to affect entitlement to an increase of invalid care allowance in respect of a child in any case where the beneficiary— a was entitled to receive such an increase immediately before 26th November 1984; and b throughout the period from and including that date to the date of coming into operation of this paragraph was, or but for the operation of those paragraphs would have been, continuously so entitled, until such time as he would otherwise first cease to be so entitled. ; b in paragraph 7(b)(i) of that Schedule all the words after “child benefit” shall be omitted; and c at the end of that Schedule there shall be added the following paragraph— 9 1 Subject to sub-paragraph (2) below in this Schedule any reference to earnings includes a reference to payments by way of occupational pension. 2 Sub-paragraph (1) above shall not apply so as to affect entitlement to an increase of invalid care allowance in respect of a child or adult dependant in any case where the beneficiary— a was entitled to receive such an increase immediately before this paragraph came into operation; and b but for the operation of sub-paragraph (1) above would continue to be so entitled, until such time as he would first otherwise cease to be so entitled. . Signed by authority of the Secretary of State for Social Services. John Major Minister of State, Department of Health and Social Security 5th March 1987