NATIONAL INSURANCE (OVERLAPPING BENEFITS) REGULATIONS, 1948.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1948/2711 |
| Year | 1948 |
1948 No. 2711
NATIONAL INSURANCE
THE NATIONAL INSURANCE (OVERLAPPING BENEFITS) REGULATIONS, 1948.16thDecember 1948
16thDecember 1948
23rdDecember 1948
9 & 10 Geo. 6. c. 67.
The National Insurance Joint Authority, in conjunction with the Treasury so far as relates to matters with regard to which the Treasury have so directed, in exercise of the powers conferred by section 30 of the National Insurance Act, 1946, and of all other powers enabling them in that behalf, hereby make the following regulations:—
PART I
GENERAL
Citation, commencement and interpretation.
1.—(1) These regulations may be cited as the National Insurance (Overlapping Benefits) Regulations, 1948, and shall come into operation on the 23rd December, 1948.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the National Insurance Act, 1946;
9 & 10 Geo. 6. c. 62.
"the Industrial Injuries Act" means the National Insurance (Industrial Injuries) Act, 1946;
"the Minister" means the Minister of National Insurance;
"beneficiary" means the person to whom any benefit, pension or allowance is payable;
"personal benefit" means that benefit, pension or allowance (whether under the Act or otherwise) which, apart from these regulations, is payable to a person otherwise than in respect of another person who is a child or an adult dependant;
"dependency benefit" means that benefit, pension or allowance (whether under the Act or otherwise) which, apart from these regulations, is payable to a person in respect of another person who is a child or an adult dependant;
"death benefit" means any benefit, pension or allowance (whether under the Act or otherwise) which, apart from these regulations, is payable in respect of the death of any person;
"personal death benefit" means any personal benefit by way of death benefit;
"the deceased" means, in relation to any death benefit, the person in respect of whose death that benefit, apart from these regulations, is payable;
"disablement pension" includes a disablement payment on a pension basis and retired pay or a pension in respect of any disablement, wound, injury or disease;
"widow's basic pension" and "contributory old age pension" have the same meanings as in the National Insurance (Pensions, Existing Beneficiaries and Other Persons) (Transitional) Regulations, 1948(a);
2 & 3 Geo. 6. c. 82.
2 & 3 Geo. 6. c. 83.
"Personal Injuries Scheme" means any scheme made under the Personal Injuries (Emergency Provisions) Act, 1939, or under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939;
"Service Pensions Instrument" means any Royal Warrant, Order in Council or other instrument (not being a 1914–1918 War Injuries Scheme) under which a disablement pension may be paid out of public funds in respect of any disablement, wound, injury or disease attributable to or aggravated by service in the naval,
(a) S.I. 1948 No. 55, p. 36 above.
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 Admiralty, the Army Council or the Air Council or under which any pension or allowance may be paid out of public funds to any person after the death of some other person in continuation of any payments made during the lifetime of that person in respect of his service in any of the said forces, services and organisations;
"1914–1918 War Injuries Scheme" means any scheme made under the Injuries in War (Compensation) Act, 1914, or under the Injuries in War Compensation Act, 1914 (Session 2), or under the Injuries in War (Compensation) Act, 1915, 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;
"treatment allowance" means an allowance payable to a person undergoing a course of medical, surgical or rehabilitative treatment in consequence of a disablement in respect of which a pension under a Personal Injuries Scheme, Service Pensions Instrument or 1914–1918 War Injuries Scheme 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;
"training allowance" means an allowance (whether by way of periodical grants or otherwise) payable, out of public funds, by a Government department 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;
"training scheme" means a scheme or arrangement under which a training allowance may be paid;
and other expressions have the same meanings as in the Act.
(3) References in these regulations to any enactment, Scheme, Warrant, order, instrument, or regulations shall include references to such enactment, Scheme, Warrant, order, instrument or regulations as amended by any subsequent enactment, Scheme, Warrant, order, instrument or regulations.
(4) Subject to the provisions of the next following paragraph, for the purposes of these regulations, where any benefit by way of widowed mother's allowance is or may be payable to a widow by reason of her having a family which includes a child or children, that benefit shall be deemed to consist of:—
(a) dependency benefit by way of widowed mother's allowance payable to the widow in respect of that child or the elder or eldest of those children at the weekly rate of seven shillings and sixpence; and
(b) personal benefit by way of widowed mother's allowance payable to the widow otherwise than in respect of any child at the weekly rate at which the first mentioned benefit is or may be payable reduced by seven shillings and sixpence a week.
(5) Where any benefit which consists, or is deemed to consist, both of personal benefit and of dependency benefit falls to be reduced by virtue of the provisions of subsection (3) of section 17 of the Act or subsection (5) of section 20 of the Act, then, for the purposes of these regulations, any reduction made by virtue of those provisions shall be deemed to have been made—
(a) after the making of any reduction or adjustment which is not required to be made by virtue of those provisions; and
(b) in relation first to that part of that benefit which is, or is deemed to be, dependency benefit.
(6) Where under section 24 of the Industrial Injuries Act (which section provides for the payment in certain cases of an allowance to a woman having the care of a child or children of the family of a person who dies as the...
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