Social Security Administration Act 1992

73 Overlapping benefits—general U.K.

(1) Regulations may provide for adjusting [F1 state pension under Part 1 of the Pensions Act 2014 or] benefit as defined in section 122 of the Contributions and Benefits Act [F2 , or a contribution-based jobseeker's allowance,] [F3 or a contributory employment and support allowance] which is payable to or in respect of any person, or the conditions for [F4 receipt of that benefit], where—

(a) there is payable in his case any such pension or allowance 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 [F5 wife, husband or civil partner];

(c) any F6 ... dependant of that person; or

(d) the [F7 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.

[F8 (4) Regulations may provide for adjusting

[F9 (za) state pension under Part 1 of the Pensions Act 2014;]

(a) benefit as defined in section 122 of the Contributions and Benefits Act; F10 ...

(b) a contribution-based jobseeker's allowance, [F11 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 [F12 member State] which is payable to or in respect of—

(a) the person referred to in that subsection;

(b) that person's [F13 wife, husband or civil partner];

(c) any F14 ... dependant of that person; or

(d) the [F15 wife, husband or civil partner] of any adult dependant of that person.

[F16 (6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.]

Textual Amendments

F1 Words in s. 73(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 12(a)

F2 Word in s. 73(1) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(a); S.I. 1996/1509, art. 2, Sch.

F3 Words in s. 73(1) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(7)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F4 Words in s. 73(1) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(b); S.I. 1996/1509, art. 2, Sch.

F5 Words in s. 73(2)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F6 Words in s. 73(2)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 21

F7 Words in s. 73(2)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F8 S. 73(4) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(3); S.I. 1996/1509, art. 2, Sch.

F9 S. 73(4)(za) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 12(b)

F10 Word in s. 73(4)(a) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F11 S. 73(4)(c) and preceding word inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(7)(b); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F12 Words in s. 73(5) substituted (31.12.2020) by The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in s. 73(5)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F14 Words in s. 73(5)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 21

F15 Words in s. 73(5)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F16 S. 73(6) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 11; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2