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Benefit

or children is or are included in the family of the wife or, though not so included , could have been treated under paragraph 3 of the Schedule to the Family Allowances Act, 1945, as so included."

Amendment of regulation 25A of the principal regulations

6. At the end of paragraph (3) of regulation 25A of the principal regulations, as amended(a)[1], (which paragraph provides that a day shall not be treated for the purpose of benefit as a day of incapacity for work if it is a day in respect of which a person has not claimed, is disqualified for receiving, or forfeits injury benefit ), there shall be added the following proviso:—

"Provided that the fact that a day has not been so treated as a day of incapacity for work shall be disregarded for the purposes of subsection (IA) of section 12 of the Act (which subsection specifies the period for which disablement benefit is not available)."

Amendment of regulation 25B of the principal regulations

7. In regulation 25B of the principal regulations , as amended (a), (which relates to night workers), sub-paragraphs (a) and (b) of paragraph (2), and the words "other than Saturday or Sunday" in sub-paragraph (c) of that paragraph , shall be omitted , and that regulation shall accordingly have effect as set out in the First Schedule to these regulations.

Amendment of regulation 28 of the principal regulations

8. At the end of regulation 28 of the principal regulations (which relates to the adjustment of dependency benefits under the Act by reference to one or more of the dependency benefits, whether under the Act or otherwise, specified in paragraph (2) thereof ), there shall be added the following paragraph:

"(3) The foregoing provisions of this regulation shall not operate to require the making of any adjustments as between two dependency benefits of which one is dependency benefit by way of an increase of benefit under paragraph (d) of subsection (1) of section 18 of the Act which is, or but for those provisions would be, payable to a person (hereafter in this paragraph referred to as “ the beneficiary") in respect of another person who is employed by, but is not residing with, the beneficiary, and the other is any dependency benefit which is specified in paragraph (2) of this regulation and is, or but for those provisions would be, payable in respect of that other person to some person other than the beneficiary."

Amendment of regulation 29 of the principal regulations

9.(1) 9.41 ) Regulation 29 of the principal regulations , as amended(b)[2], (which relates to the adjustment of dependency benefit under the Act where personal benefit is payable) shall be amended in accordance with the following provisions of this regulation and shall accordingly have effect as set out in the Second Schedule to these regulations.

(2) In paragraph (1) of the said regulation, before the words "Where for any period ", there shall be inserted the words “Subject to the provisions of paragraph (3) of this regulation,"....

  1. (a) Inserted by regulation 3 of S.I. 1953/1314 ( 1953 I , p. 1425).
  2. (b) S.I. 1951/1606 , 1953/1314 ( 1951 I, p. 1502 ; 1953 I, p. 1425).