Social Welfare and Pensions Act 2014

9.

Family income supplement - meaning of family

9. (1) Section 227 (amended by section 22 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended—

(a) by designating the section as subsection (1),

(b) in subsection (1) —

(i) by substituting the following definition for the definition of “child”:

“‘child’ means a qualified child as defined in section 2(3) (b) for the purposes of section 228;”,

and

(ii) by deleting the definition of “family”,

and

(c) by inserting the following subsections after subsection (1):

(2) For the purposes of this Part, ‘family’ means, subject to subsections (3) and (4), a household which contains—

(a) a person who is engaged in remunerative full-time employment as an employee, and

(b) at least one child who is normally a member of the same household as that person.

(3) Notwithstanding subsection (2), where a person referred to in paragraph (a) of that subsection is living with—

(a) his or her spouse, civil partner or cohabitant, and

(b) there is at least one child who is normally a member of the household,

a reference to a ‘family’ in this Part shall be read as including the spouse, civil partner or cohabitant, as the case may be, of that person.

(4) Notwithstanding that—

(a) a person referred to in paragraph (a) of subsection (2) is not living with his or her spouse or civil partner, and

(b) no child is normally a member of the same household as the person referred to in paragraph (a) of subsection (2),

where that person is—

(i) wholly or mainly maintaining such spouse or civil partner, as the case may be, and

(ii) contributing substantially towards the maintenance of a child who is normally a member of the same household as that spouse or civil partner,

and such spouse or civil partner is not claiming or in receipt of any benefit or assistance, a reference to a ‘family’ in this Part shall be read as meaning a household which contains—

(I) a person referred to in paragraph (a) of subsection (2),

(II) such spouse or civil partner who is being so wholly or mainly maintained by that person, and

(III) such child in respect of whom a substantial contribution towards his or her maintenance is being made by that person.

(5) For the purposes of subsection (4) —

(a) the reference to any benefit means any benefit specified in section 39(1), other than—

(i) disablement benefit payable in accordance with section 75 (but shall include an increase, payable under section 77, in disablement pension on account of incapacity),

(ii) death benefit by way of a grant in respect of funeral expenses,

(iii) bereavement grant, and

(iv) a widowed or surviving civil partner grant,

and

(b) the reference to any assistance means any assistance specified in section 139(1), other than—

(i) a weekly or monthly payment payable in accordance with section 198,

(ii) supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance with section 200, 201, 202 or 206, and

(iii) a widowed or surviving civil partner grant.”.

(2) Section 232(2) of the Principal Act is amended by inserting the following paragraph after paragraph (c):

“(ca) determine the circumstances in which a child shall be regarded as normally being a member of a household;”.

(3) Where, on the commencement of this section, family income supplement is payable in respect of a family, the amendments effected by this section shall not, subject to subsections (2) and (3) of section 230 (inserted by section 10(b) ) and subsections (6)and (7) of section 247 of the Principal Act—

(a) disentitle that family to receipt of family income supplement, or

(b) reduce the weekly rate of family income supplement payable in respect of that family, during the unexpired portion of the period of payment specified in section 230(1) (as so inserted) of the Principal Act.