The Social Security (Overlapping Benefits) Regulations 1979

Adjustment of dependency benefit in respect of an adult dependant where other dependency benefit is payable

9.—(1) Subject to paragraph (3) and regulation 12, where for any period any dependency benefit under the Act is, or but for this regulation would be, payable to any person in respect of an adult dependant and any other dependency benefit specified in paragraph (2) is payable for that period to—

(a) that person in respect of that or any other adult dependant; or

(b) any other person in respect of that dependant,

an adjustment shall be made in accordance with regulation 4(5).

(2) The other dependency benefit referred to in paragraph (1) is any dependency benefit under—

(a) the Act;

(b) any Personal Injuries Scheme, Service Pensions Instrument or 1914-1918 War Injuries Scheme;

(c) any Pneumoconiosis and Byssinosis Benefit Scheme;

(d) any scheme being a benefit by way of training allowance.

(3) Paragraph (1) shall not require an adjustment to be made where one of the dependency benefits in question is an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a person who is employed by the beneficiary but is not residing with him and the other such benefit is payable to a person other than the beneficiary [F1 or to a person entitled to an increase of incapacity benefit under regulation 9(1)(d) of the Social Security (Incapacity Benefit—Increases for Dependants) Regulations 1994 who satisfies the requirements of paragraph (3)(a) of that regulation].

(4) For the purposes of paragraph (2)(b) any dependency benefit which is payable with a disablement pension shall be disregarded unless it is payable as an increase of an unemployability supplement.

Textual Amendments

F1 Words in reg. 9(3) added (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(5) (with Pt. III)