The Social Security (Recoupment) Regulations 1990,

Relevant benefits E+W+S

2.—(1) The following benefits are relevant benefits for the purposes of section 22 of the 1989 Act—

(a) attendance allowance,

(b) disablement benefit (including disablement pensions) payable in accordance with sections 57 to 63 of the principal Act,

(c) family credit,

[F1 (ca) incapacity benefit;]

(d) income support, under Part II of the Social Security Act 1986 M1 , including personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987 M2 ,

(e) invalidity pension and allowance,

(f) mobility allowance,

(g) benefits payable under schemes made under the Old Cases Act,

(h) reduced earnings allowance,

(i) retirement allowance,

(j) severe disablement allowance,

(k) sickness benefit,

F2 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) unemployment benefit,

[F3 (ma) disability living allowance,

(mb) disability working allowance.]

(n) any increase in any of the benefits mentioned above payable in accordance with the Social Security Acts 1975 to 1989 or the Old Cases Act or with any regulations, Order in Council, order or scheme made thereunder.

[F4 (o) jobseeker’s allowance.]

(2) In paragraph (1) references to, respectively, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit include also a reference to any income support paid with each of those benefits on the same instrument of payment [F5 or paid concurrently with each of those benefits by means of an instrument for benefit payment], and for this purpose, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987.

[F6 (3) [F7 The amount of statutory sick pay for the purposes of section 22 of the 1989 Act (recovery of sums equivalent to benefit from compensation payments) is, in so far as it relates to any liability an employer may have to make a payment of statutory sick pay to an employee of his in respect of a day of incapacity for work falling on or after 6th April 1991, 80 per cent. of the payment of statutory sick pay which the employer is liable to make.]]

Textual Amendments

F1 Reg. 2(1)(ca) inserted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 22 (with Pt. III)

F2 Reg. 2(1)(l) deleted (6.4.1994) by S.I. 1994/730, reg. 1(1), 3 (with reg. 5)

F3 Reg. 2(1)(ma) - Reg. 2(1)(mb) inserted (E.W.) (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 17

F4 Reg. 2(1)(o) added (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 24

F5 Words in reg. 2(2) inserted (4.4.1996) by The Social Security (Claims and Payments Etc.) Amendment Regulations 1996 (S.I. 1996/672), regs. 1, 5

F6 Reg. 2(3) added (6.4.1991) by S.I. 1991/694, reg. 1(1), 3(3)

F7 Reg. 2(3) deleted (6.4.1994) by S.I. 1994/730, reg. 1(1), 3 (with reg. 5)

Marginal Citations

M1 1986 c. 50

M2 S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521, 670, 1989/1626 and 2340.