Social Security Administration (Northern Ireland) Act 1992

71 Overlapping benefits - general. N.I.

(1) Regulations may provide for adjusting [F1 state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or] benefit as defined in section 121 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, 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 [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 (Northern Ireland) 2015;]

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

Textual Amendments

F1 Words in s. 71(1) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 12(a)

F2 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.

F3 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

F4 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.

F5 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.

F6 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

F7 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.

F8 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.

F9 S. 71(4)(za) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 12(b)

F10 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

F11 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

F12 Words in s. 71(5) substituted (31.12.2020) by The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/129), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F13 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.

F14 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

F15 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.

F16 S. 71(6) inserted (20.6.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 10; S.R. 2016/215, art. 3(2)