The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

Amendment of the Social Security (Overlapping Benefits) Regulations 1979

4.—(1) The Social Security (Overlapping Benefits) Regulations 1979(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “shared additional pension”(2) after “section 55A”, insert “or 55AA”;

(b) after the definition of “the Welfare Reform Act”(3), insert—

““widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act (widowed mother’s allowance);”; and

(c) after the definition of “widowed parent’s allowance”(4), insert—

““widow’s pension” means a pension referred to in section 38 of the Contributions and Benefits Act (widow’s pension).”.

(3) In regulation 4 (adjustment of certain personal benefits where certain other personal benefits are payable)(5)—

(a) in paragraph (1)(a), after “the Welfare Reform Act” insert “, Part 1 of the Pensions Act 2014”;

(b) in paragraph (2)(f), after “paragraph (4)” insert “and (4A)”;

(c) in paragraph (4), insert at the beginning “Except where paragraph (4A) applies,”; and

(d) after paragraph (4), insert—

“(4A) Where the person is entitled to additional pension, a state pension under Part 1 of the Pensions Act 2014 and either widow’s pension or widowed mother’s allowance, paragraph (1) shall require the adjustment of additional pension.”.

(4) In Schedule 1 (personal benefits which are required to be adjusted by certain benefits)—

(a) in column (1) (personal benefit)(6), after paragraph 4(7) insert—

“4A.   State pension under Part 1 of the Pensions Act 2014”; and

(b) in column (2) (other personal benefit by reference to which the benefit in column (1) is to be adjusted), after paragraph 4 insert—

“4A.   Unemployability supplement and training allowance”.

(1)

S.I. 1979/597.

(2)

The definition of “shared additional pension” was inserted by S.I. 2005/1551.

(3)

The definition of “the Welfare Reform Act” was inserted by S.I. 2008/1554.

(4)

The definition of “widowed parent’s allowance” was inserted by S.I. 2000/1483.

(5)

Regulation 4(1) was substituted by S.I. 1992/3194 and sub-paragraph (a) was amended by S.I.s 1996/1345 and 2008/1554.

(6)

The heading to column (1) was substituted by S.I. 2013/388.

(7)

Paragraph 4 has been amended but those amendments are not relevant to this Order.