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Increase for qualified child— amendments.
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10.—(1) The Principal Act is amended—
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(a) in section 34 (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:
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“(3) Subject to subsection (3A), any increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.
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(3A) Subsection (3) shall not apply and no increase of disability benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,
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(b) in section 41E (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:
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“(3) Subject to subsection (3A), any increase of health and safety benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.
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(3A) Subsection (3) shall not apply and no increase of health and safety benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,
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(c) in section 45 (as amended by section 28 of the Act of 1997) by substituting for subsection (3) the following:
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“(3) Subject to subsection (3A), any increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.
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(3A) Subsection (3) shall not apply and no increase of unemployment benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.”,
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and
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(d) in section 55 (as amended by section 28 of the Act of 1997) by substituting for subsections (3) and (4) the following:
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“(3) Subject to subsection (4), any increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.
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(4) Subsection (3) shall not apply and no increase of injury benefit payable pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in such manner as may be prescribed, exceeds such amount as may be prescribed.
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(5) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit and any increase pursuant to subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (2) shall be construed and have effect accordingly.”.
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(2) (a) Subject to paragraph (b) of this subsection, paragraphs (a), (b), (c) and (d) of subsection (1) of this section shall not apply to a person who, immediately before the coming into operation of this subsection, is entitled to or in receipt of a payment (in this section referred to as the “specified payment”) to which those paragraphs refer in relation to that payment.
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(b) Where, for any period, after the coming into operation of paragraph (a) of this subsection, a person referred to in that paragraph ceases to be entitled to or in receipt of such specified payment, paragraph (a) shall no longer apply to that person.
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(3) This section comes into operation on 19 January 2004.
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