Social Welfare Act 2011

Qualified child increase.

4.— (1) Section 77A (inserted by section 6 of the Social Welfare Act 2010 ) of the Principal Act is amended—

(a) by substituting the following subsection for subsection (2):

“(2) Subject to subsection (3), any increase of disablement pension payable under subsection (1)(b) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult and subsection (1)(b) shall be read and have effect accordingly.”,

and

(b) by substituting the following subsection for subsection (3):

“(3) Subsection (2) shall not apply and no increase of disablement pension payable under subsection (1)(b) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.”.

(2) The Principal Act is amended—

(a) in section 102 (amended by section 26 of the Act of 2010)—

(i) by substituting the following subsection for subsection (2):

“(2) Subject to subsections (3) and (4), any increase of carer’s benefit payable under subsection (1) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount and subsection (1) shall be read and have effect accordingly.”,

and

(ii) by inserting the following subsections after subsection (2):

“(3) Subsection (2) shall not apply and no increase of carer’s benefit payable under subsection (1) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(4) Subsection (3) shall not apply in the case of any claim for carer’s benefit which is made before 5 July 2012.”,

(b) in section 112 (amended by section 26 of the Act of 2010)—

(i) in subsection (3), by substituting “Subject to subsections (3A) and (3B), any increase of” for “Any increase of”, and

(ii) by inserting the following subsections after subsection (3):

“(3A) Subsection (3) shall not apply and no increase of State pension (contributory) payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B) Subsection (3A) shall not apply in the case of any claim for State pension (contributory) which is made before 6 July 2012.”,

(c) in section 117 (amended by section 26 of the Act of 2010)—

(i) in subsection (3), by substituting “Subject to subsections (3A) and (3B), any increase of” for “Any increase of”, and

(ii) by inserting the following subsections after subsection (3):

“(3A) Subsection (3) shall not apply and no increase of State pension (transition) payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B) Subsection (3A) shall not apply in the case of any claim for State pension (transition) which is made before 5 July 2012.”,

and

(d) in section 122 (amended by section 26 of the Act of 2010)—

(i) in subsection (3), by substituting “Subject to subsections (3A) and (3B), any increase of” for “Any increase of”, and

(ii) by inserting the following subsections after subsection (3):

“(3A) Subsection (3) shall not apply and no increase of invalidity pension payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

(3B) Subsection (3A) shall not apply in the case of any claim for invalidity pension which is made before 5 July 2012.”.

(3) Subsection (2) comes into operation—

(a) in so far as it relates to paragraphs (a), (c) and (d), on 5 July 2012, and

(b) in so far as it relates to paragraph (b), on 6 July 2012.