Social Security Administration (Northern Ireland) Act 1992

71 Overlapping benefits - general. N.I.

(1) Regulations may provide for adjusting benefit as defined in section 121 of the Contributions and Benefits Act [F1 , or a contribution-based jobseeker’s allowance [F2 or a contributory employment and support allowance] ,] which is payable to or in respect of any person, or the conditions for [F3 receipt of that benefit], where—

(a) there is payable in his case any such pension, allowance or benefit as is described in subsection (2) below; or

(b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

(a) the person referred to in subsection (1);

(b) that person’s [F4 wife, husband or civil partner] ;

(c) any F5 ... dependant of that person; or

(d) the [F6 wife, husband or civil partner] of any adult dependant of that person.

(3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

[F7 (4) Regulations may provide for adjusting—

(a) benefit as defined in section 121 of the Contributions and Benefits Act; F8 ...

(b) a contribution-based jobseeker’s allowance,[F9 or

(c) a contributory employment and support allowance,]

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.]

(5) Subsection (4) above applies to any benefit payable under the legislation of any member State other than the United Kingdom which is payable to or in respect of—

(a) the person referred to in that subsection;

(b) that person’s [F10 wife, husband or civil partner] ;

(c) any F11 ... dependant of that person; or

(d) the [F12 wife, husband or civil partner] of any adult dependant of that person.

Textual Amendments

F1 Words in s. 71(1) inserted (17.7.1996) by S.I. 1995/2705, art. 40(1), Sch. 2 para. 32(2)(a); S.R. 1996/285, art. 2, Sch.

F2 Words in s. 71(1) inserted (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(7)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F3 Words in s. 71(1) substituted (17.7.1996) by S.I. 1995/2705, art. 40(1), Sch. 2 para. 32(2)(b); S.R. 1996/285, art. 2, Sch.

F4 Words in s. 71(2)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 111; S.I. 2005/3255, art. 2(1), Sch.

F5 Words in s. 71(2)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 47, Sch. 2 Pt. 2

F6 Words in s. 71(2)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 111; S.I. 2005/3255, art. 2(1), Sch.

F7 S. 71(4) substituted (17.7.1996) by S.I. 1995/2705, art. 40(1), Sch. 2 para. 32(3); S.R. 1996/285, art. 2, Sch.

F8 Word in s. 71(4)(a) repealed (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 8; S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

F9 S. 71(4)(c) and word added (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(7)(b); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F10 Words in s. 71(5)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 111; S.I. 2005/3255, art. 2(1), Sch.

F11 Words in s. 71(5)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 47, Sch. 2 Pt. 2

F12 Words in s. 71(5)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 111; S.I. 2005/3255, art. 2(1), Sch.