Social Security (Overlapping Benefits) Regulations 1979
1979 No. 597
SOCIAL SECURITY
The Social Security (Overlapping Benefits) Regulations 197929thMay 1979
6thJune 1979
29thJune 1979
The Secretary of State for Social Services, in exercise of powers conferred by sections 83(1) and 85 of the Social Security Act 1975(a) and of all other powers enabling him in that behalf hereby makes the following regulations which only consolidate the regulations herein revoked and which accordingly by virtue of paragraph 20 of Schedule 15 to the Social Security Act 1975, are not subject to the requirement of section 139(1) of that Act for prior reference to the National Insurance Advisory Committee:—
Citation and commencement
1. These regulations may be cited as the Social Security (Overlapping Benefits) Regulations 1979 and shall come into operation on 29th June 1979.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Social Security Act 1975;
"the Pensions Act" means the Social Security Pensions Act 1975(b);
"benefit under Chapters I and II of Part II of the Act" includes benefit treated as included in Chapter I of Part II of the Act by virtue of section 66(2)(b) of the Pensions Act;
"the Child Benefit Act" means the Child Benefit Act 1975(c);
"child benefit" means benefit under Part I of the Child Benefit Act;
"death benefit" means any benefit, pension or allowance which, apart from these regulations, is payable (whether under the Act or otherwise) in respect of the death of any person;
"the deceased" means, in relation to any death benefit, the person in respect of whose death that benefit, apart from these regulations, is payable;
"dependency benefit" means that benefit, pension or allowance which, apart from these regulations, is payable (whether under the Act or otherwise) to a person in respect of another person who is a child or an adult
(a) 1975 c. 14.
(b) 1975 c. 60.
(c) 1975 c. 61.
dependant; it includes child's special allowance and any personal benefit by way of pension payable to a child under any Personal Injuries Scheme, Service Pensions Instrument or 1914–1918 War Injuries Scheme but does not include benefit under section 73 of the Act (allowances to a woman who has care of children of person who died as a result of an industrial accident);
"disablement pension" includes a disablement payment on a pension basis and retired pay or pension in respect of any disablement, wound, injury or disease;
"personal benefit" means any benefit, pension or allowance which is not a dependency benefit and which is payable to any person;
"Personal Injuries Scheme" means any scheme made under the Personal Injuries (Emergency Provisions) Act 1939(a) or under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(b);
"Pneumoconiosis and Byssinosis Benefit Scheme" means any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975(c);
"Service Pensions Instrument" means those provisions and only those provisions of any Royal Warrant, Order in Council or other instrument (not being a 1914–1918 War Injuries Scheme) under which a death or a disablement pension (not including a pension calculated or determined by reference to length of service) and allowances for dependants payable with either such pension may be paid out of public funds in respect of any death or disablement, wound, injury or disease due to service in the naval, military or air forces of the Crown or in any nursing service or other auxiliary service of any of the said forces or in the Home Guard or in any other organisation established under the control of the Defence Council or formerly established under the control of the Admiralty, the Army Council or the Air Council;
"training allowance" means an allowance (whether by way of periodical grants or otherwise) payable out of public funds by a Government department or by or on behalf of the Manpower Services Commission to a person for his maintenance, or in respect of any dependant of his, for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the said Commission; but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education or is training as a teacher;
"treatment allowance" means an allowance payable under a Personal Injuries Scheme, Service Pensions Instrument or 1914–1918 War Injuries Scheme only to a person undergoing a course of medical, surgical or rehabilitative treatment in consequence of a disablement in respect of which a pension may be or has been paid, or an allowance payable to any such person pending the determination of the question whether he is entitled to receive such a pension;
(a) 1939 c. 82.
(b) 1939 c. 83.
(c) 1975 c. 16.
"unemployability supplement" includes an increase on account of un-employability under—
(a) any Pneumoconiosis and Byssinosis Benefit Scheme; and
(b) any Personal Injuries Scheme, Service Pensions Instrument or 1914–1918 War Injuries Scheme;
"war pension death benefit" means a death benefit by way of pension or allowance under any Personal Injuries Scheme, Service Pensions Instrument or 1914–1918 War Injuries Scheme, but does not include a rent allowance or a grant payable by reason of the beneficiary being in receipt of a pension and being a specific age which is not less than 65 or a pension or an allowance calculated by reference to the necessities of the beneficiary;
"1914–1918 War Injuries Scheme" means any scheme made under the Injuries in War (Compensation) Act 1914(a) or under the Injuries in War Compensation Act 1914 (Session 2)(b) or any Government scheme for compensation in respect of persons injured in any merchant ship or fishing vessel as the result of hostilities during the 1914–1918 War.
(2) For the purposes of these regulations, unless otherwise specified, additional component payable by virtue of the Act or the Pensions Act shall be deemed to include any increase so far as attributable to any additional component or to any increase by virtue of section 126A of the Act or paragraph 4A of Schedule 1 to the Pensions Act or to any increase of graduated retirement benefit and shall be treated as a separate personal benefit included in Chapter I of Part II of the Act.
Special provisions for widow's benefit and invalidity pension
3.—(1) This regulation applies where, apart from these regulations, there is payable for the same period to a person under pensionable age both—
(a) an invalidity pension; and
(b) a widowed mother's allowance or widow's pension (hereafter referred to in this regulation as "the widow's benefit").
(2) The total amount payable in respect of these benefits under this regulation shall be—
(a) the sum of the two basic components up to and not exceeding the rate specified in section 6(1)(a) of the Pensions Act; and
(b) the sum of the two additional components up to and not exceeding the maximum for the time being prescribed under section 9(3) of the Pensions Act.
(3) Subject to paragraph (4)—
(a) where the beneficiary has made application, before the payment is made, that the total amount payable should be treated as being made up of the rate of the invalidity pension, any balance being the widow's benefit, it shall be so treated;
(b) in any other case, that amount shall be treated as being made up of the rate of the widow's benefit, any balance being the invalidity pension.
(a) 1914 c. 30.
(b) 1914 c. 18.
(4) For the purposes of the remainder of these regulations (other than regulation 6(5)), which shall apply after adjustment has been made under this regulation, the total amount payable under this regulation shall be treated as a single long-term benefit payable on a weekly basis.
Adjustment of personal benefit under Chapters I and II of Part II of the Act where other personal benefit under those Chapters is payable
4.—(1) Subject to paragraphs (2), (3) and (4) and...
To continue reading
Request your trial