Social Welfare Consolidation Act 2005

Increases (including increases for qualified adult and qualified children).

[1993 s87(1); 1999 s21(c)]

112

112.—(1) Subject to this Part, the weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of pension under this subsection in respect of more than one person.

F708[(1A) The amount of the increase of pension referred to in subsection (1), in respect of any claim for State pension (contributory) made after 24 September 2007, shall be paid

(a) directly to the qualified adult concerned, or

(b) to such other person as may be nominated by the qualified adult for the purpose of receiving the increase of pension referred to in subsection (1) on behalf of the qualified adult.

(1B) Where a beneficiary ceases to be entitled to State pension (contributory) the payment to a qualified adult of the increase of pension referred to in subsection (1) shall also cease.]

[1993 s87(2); 1999 s21(c)]

F709[(2) Subject to this Part, the weekly rate of State pension (contributory) shall be increased by the amount set out

(a) in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[1993 s87(3); 1997 s28(4) & Sch F]

(3) F710[Subject to subsections (3A) and (3B), any increase of] F707[State pension (contributory)] payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F711[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F711[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.

F712[(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.]

[1993 s87(4); 1994 s32 & Sch F]

(4) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone.

[1993 s87(5); 1994 s32 & Sch F]

(5) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years.

[2001 s15(1)(d)]

(6) The weekly rate of F707[State pension (contributory)] shall be increased by the amount set out in column (8) of Part 1 of Schedule 2 where the beneficiary is ordinarily resident on an island.

Annotations

Amendments:

F707

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006.

F708

Inserted (1.11.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 14(a), S.I. No. 749 of 2007.

F709

Substituted (29.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 9, S.I. No. 116 of 2019.

F710

Substituted (6.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(b)(i), commenced as per subs. (3)(b).

F711

Inserted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 24, S.I. No. 673 of 2010.

F712

Inserted (6.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(b)(ii), commenced as per subs. (3)(b).

Editorial Notes:

E866

Power pursuant to subs. (3A) exercised (6.07.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Qualified Child Increase) Regulations 2012 (S.I. No. 218 of 2012), art. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 12—in effect as per art. 3.

E867

Previous affecting provision: subs. (2) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006; substituted (29.03.2019) as per F-Note above.

E868

Previous affecting provision: subs. (1) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 2, not commenced; repealed (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 21(a), commenced on enactment.