Social Security (Overlapping Benefits) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/554 |
1975 No. 554
SOCIAL SECURITY
The Social Security (Overlapping Benefits) Regulations 19753rdApril 1975
4thApril 1975
6thApril 1975
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 section 2 of, and paragraphs 3 and 9 of Schedule 3 to, the Social Security (Consequential Provisions) Act 1975(b) in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee since it appears to her that by reason of urgency it is inexpedient to do so, hereby makes the following regulations:—
Citation and commencement
1. These regulations may be cited as the Social Security (Overlapping Benefits) Regulations 1975 and shall come into operation on 6th April 1975.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Social Security Act 1975;
"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 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 man 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;
(a) 1975 c. 14.
(b) 1975 c. 18.
"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;
"unemployability supplement" includes an increase on account of unemployability 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(d) or under the Injuries in War Compensation Act...
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