Supplementary Benefit (Duplication and Overpayment) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1580 |
1980 No. 1580
SOCIAL SECURITY
The Supplementary Benefit (Duplication and Overpayment) Regulations 198020thOctober 1980
24thOctober 1980
24thNovember 1980
The Secretary of State for Social Services, in exercise of the powers conferred on him by sections12(1),(1A) and (2) and 20(4) of the Supplementary Benefits Act 1976(a) and section 84 of the Social Security Act 1975(b), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Citation and commencement
1. These regulations may be cited as the Supplementary Benefit (Duplication and Overpayment) Regulations 1980 and shall come into operation on 24th November 1980.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Supplementary Benefits Act 1976;
"benefit week" has the meaning assigned to it in regulations made pursuant to section 14(2)(f) of the Act (days on which entitlement to supplementary pension or allowance are to begin or end or the amount thereof is to change);
"child benefit" means benefit under Part I of the Child Benefit Act 1975(c);
"Deductions Regulations" means the Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980(d);
"Social Security Act" means the Social Security Act 1975;
"Tax Act" means the Income and Corporation Taxes Act 1970(e);
"war disablement pension" means—
(a) a pension or other benefit awarded—
(i) in respect of disablement due to service in the armed forces of the Crown being a pension or other benefit within the meaning of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(f); or, as the case may be,
(ii) under the Personal Injuries (Emergency Provisions) Act 1939(g), the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(h) or the Polish Resettlement Act 1947(i);
(a) 1976 c. 71; the Act as amended (other than sections 31, 32, 35 and 36 and Schedules 4 and 6 to 8) is set out in Part II of Schedule 2 to the Social Security Act 1980 (c.30).
(b) 1975 c. 14.
(c) 1975 c. 61.
(d) S.I. 1980/983.
(e) 1970 c. 10.
(f) 1977 c. 5.
(g) 1939 c. 82.
(h) 1939 c. 83.
(i) 1947 c. 19.
(b) any retired pay or pension to which section 365(1) of the Tax Act applies, not being a pension or other benefit to which sub-paragraph (a) of this definition applies;
(c) any payment which the Secretary of State accepts as analogous to any award mentioned in the preceding sub-paragraphs of this definition,
but in any case shall exclude any gratuity;
"war widow's pension" means a pension or other benefit awarded to a widow under—
(a) any of the powers referred to in section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977; or
(b) any of the enactments mentioned in sub-paragraph (a)(ii) of the definition of "war disablement pension";
(c) any scheme mentioned in section 365(2)(e) of the Tax Act;
(d) any payment which the Secretary of State accepts as analogous to any award mentioned in the preceding sub-paragraphs of this definition,
but in any case shall exclude any gratuity.
(2) Unless the context otherwise requires, any reference in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Prevention of duplication of payments—abatement or receipt
3.—(1) A prescribed payment for the purposes of section 12(1) of the Act (prevention of duplication of payments from public funds and under the law of another member State) is a payment of any of the following:—
(a) any benefit under the Social Security Act (a) other than any grant or gratuity;
(b) any child benefit;
(c) any allowance under a scheme made under...
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