Social Welfare Consolidation Act 2005
Increases (including increases for qualified adult and qualified children).
[1993 s99(1); 1997 s28(4) & Sch F]
122.—(1) The weekly rate of invalidity pension 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.
[1993 s99(2); 1994 s32 & Sch F]
F758[(2) The weekly rate of invalidity pension 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 s99(3); 1997 s28(4) & Sch F]
(3) F759[Subject to subsections (3A) and (3B), any increase of] invalidity pension payable under subsection (2) in respect of a qualified child who normally resides with a beneficiary and with the spouse F760[, 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 F760[, civil partner or cohabitant] of the beneficiary is not a qualified adult, and subsection (2) shall be read and have effect accordingly.
F761[(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.]
[1993 s99(4); 2001 s17(1)(b)]
(4) The weekly rate of invalidity pension shall be increased by the amount set out in column (6) of Part 1 of Schedule 2 where the beneficiary is living alone.
[1993 s99(5); 1994 s32 & Sch F]
(5) F762[…]
[2001 s15(1)(g); 2003 (MP) s6(1)(a)]
(6) The weekly rate of invalidity pension 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:
F758
Substituted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 12, S.I. No. 116 of 2019.
F759
Substituted (5.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(d)(i), commenced as per subs. (3)(a).
F760
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.
F761
Inserted (5.07.2012) by Social Welfare Act 2011 (37/2011), s. 4(2)(d)(ii), commenced as per subs. (3)(a).
F762
Deleted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 19(c), commenced on enactment.
Editorial Notes:
E906
Power pursuant to subs. (3A) exercised (on various dates between 2.07.2012 and 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.
E907
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.