The Social Security (Overlapping Benefits) Amendment Regulations 1991

Amendment to regulation 8

2.  For regulation 8 of the Overlapping Benefits Regulations (child benefit) there shall be substituted the following regulation—

“8.— (1) Subject to the following provisions of this regulation, where any benefit, or increase of a benefit, under the Act is payable to a beneficiary, the weekly rate of that benefit or increase shall not be adjusted by reference to child benefit.

(2) Where an increase of child benefit is payable to a beneficiary under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(1) (increase for single parent) and for the same period, in respect of the same child, any benefit or increase of benefit under the Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by the amount of the said increase of child benefit.

(3) Subject to paragraph (4) of this regulation, where a child is the only child, or if not the only child, the elder or eldest child, and child benefit is payable in respect of that child and for the same period any benefit or increase of benefit under the Act is payable in respect of that child, the weekly rate of that benefit or increase of benefit shall be reduced by the amount by which the child benefit payable exceeds the amount of child benefit which would have been payable had that child not been the only, the elder or eldest child.

(4) No adjustment of benefit under paragraph (3) of this regulation shall be made in respect of an increase of child benefit payable to a person under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976.”

(1)

S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1990/320 and 1991/502.