The Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1992

Amendment of regulation 4 of the Overlapping Benefits Regulations

3.—(1) For the heading to regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following heading—

• “Adjustment of personal benefit under Parts II and III of the Contributions and Benefits Act where other personal benefit under those Parts or graduated retirement benefit is payable”.

(2) For paragraph (1) of regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following paragraph—

“4.— (1) Subject to paragraphs (2), (3) and (4) and regulation 12, an adjustment shall be made in accordance with paragraph (5) where either—

(a) two or more personal benefits (whether of the same or a different description) are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act (which relate to benefits other than industrial injuries benefits) for any period; or

(b) graduated retirement benefit is payable under sections 36 and 37 of the National Insurance Act 1965(1) together with one or more personal benefits (whether of the same or a different description) which are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act for any period.”.

(1)

1965 c. 51. Sections 36 and 37 are continued in force by virtue of regulation 3 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978/393.