relates, at a weekly rate not less than that required by the said sub-section ( 4 ), and in any other case at a weekly rate not less than that required by virtue of the words added to subsection (1) of the said section 21 by paragraph 10 of the Schedule to the Family Allowances and National Insurance Act , 1956(a)[1]—
(a) as respects any period in respect of which the child is treated as included in the person's family by virtue of subsection (3) of the said section 6 and the person is , apart from the said subsection (4) , entitled to receive payment
(i)in respect of the child , of an amount under section 17 of the Act by way of an increase of injury benefit or disablement pension, at the rate appropriate to the elder or eldest child of a family; and
(ii)in respect of some other child of such an amount at the rate appropriate to a child other than the elder or eldest;
(b) as respects any period in respect of which the child is included in the person's family and , apart from the said subsection (4), the person is not entitled to receive payment in respect of the child of any amount such as is referred to in the said paragraphs (e) and (f).
(2) Where the amount in question is an increase of injury benefit or disablement pension, references in sub-paragraph (b) of the foregoing paragraph to a child included in the person's family shall include a child who, had the person been entitled to injury benefit or disablement benefit in respect of any period to which the sub-paragraph refers, would have been treated as included in his family by virtue of subsection (3) of the said section 6.
9D.—(1) Subject to the provisions of this regulation, any sum or sums paid by a person by way of contribution towards either or both of the following, that is to say, the maintenance of his wife and the cost of providing for one or more children, being children to whom this regulation refers, shall be treated for the purposes of subsection (1) of section 18 of the Act and subsections (3) and (4) of section 6 of the Act of 1957 as such contributions, of such respective amounts equal in the aggregate to the said sum or sums, in respect of such of the persons hereinafter mentioned, that is to say, his wife or any child or children to whom this regulation refers, as may be determined by the determining authority so as to secure as large a payment as possible by way of benefit in respect of dependants.
(2) The children to whom the regulation refers are any children who, in the period for which the sum in question is paid by the person, either are included in that person's family or, though not so included, could have been treated under paragraph 3 of the Schedule to the Family Allowances Act, 1945, as so included, or would have been, or could have been treated under that paragraph as, so included had the person contributed to the cost of providing for the child at a sufficient weekly rate.
- ↑ (a) 4 & 5 Eliz. 2. c. 50.
