The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996

Amendment of regulation 8 of the Overlapping Benefits Regulations E+W+S

47.  In regulation 8 of the Overlapping Benefits Regulations M1 (adjustment of benefit or increase in benefit by reference to child benefit)—

(a) for paragraphs (2) and (3) there shall be substituted the following paragraphs—

“(2) Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M2 (in this regulation referred to as the “Child Benefit Rates Regulations") (weekly rate for only, elder or eldest child of a lone parent) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by—

(a) in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0.75, by which the rate is specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); and

(b) in any other case, an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.

(3) Subject to paragraph (6) of this regulation, where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) and for the same period, in respect of the same child, any benefit or increase in benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0.75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.”;

(b) paragraphs (4), (5) and (7) shall be omitted.

Marginal Citations

M1 Regulation 8 is amended by S.I. 1991/547, 1992/589 and 1993/965.

M2 S.I. 1976/1267; the relevant amending instrument is S.I. 1996/1803.