(3)A beneficiary shall not be entitled to an increase of benefit under the said section 18 in respect of any such female person unless the beneficiary is entitled to an increase of benefit in respect of a child of his family or a child treated as such for the purposes of section 17 of the Act (which provides for an increase of benefit in respect of a child ), or would be so entitled but for the provisions of regulations made in Part VII relating to overlapping benefits."
5. The following provisions shall be added in Part III of the principal regulations immediately after regulation 9 thereof:—
9A. For the purposes of paragraph (a) of subsection (1) of section 18 of the Act (which paragraph relates to increase of benefit in respect of a wife) or of sub-paragraph (c) of paragraph (1) of regulation 9 of these regulations, a beneficiary shall not be deemed to satisfy the requirement contained in the said paragraph (a) or in the said sub-paragraph (c) that he is contributing to the maintenance of the wife or female person, as the case may be, at a weekly rate of not less than the amount mentioned in the said section 18 of the Act, unless when in employment before the date of the relevant accident (except in a case where the dependency did not arise until after that date), he contributed to her maintenance at a weekly rate of not less than that amount.
9B. For the purposes of subsection (3) of section 6 of the Act of 1957 (which subsection provides for treating a child as included in a man's family for the purpose of an increase of injury benefit or disablement pension under section 17 of the Act where the beneficiary is contributing to the cost of providing for the child at a weekly rate which, though not less than the prescribed rate , is less than the minimum rate for the time being required for the purposes of subsection (2) of section 3 of the Family Allowances Act, 1945(a)[1]), the prescribed rate in relation to the said section 17 shall be a rate equal to the lesser amount specified in subsection (1) of the said section 17 of the Act:
Provided that a person shall not be deemed for the purposes of the said subsection (3) to be so contributing at a weekly rate not less than the prescribed rate unless on the day for which the increase of benefit is claimed another child was, or was under subsection (2) of the said section 17 treated as , or could under paragraph 3 of the Schedule to the Family Allowances Act, 1945 , have been treated as, included in his family.
- ↑ (a) 8 & 9 Geo. 6. c. 41.
