Supplementary Benefits Act 1976

12 Prevention of duplication of payments

(1) Where, in determining the amount of any supplementary benefit, the requirements of any person have been taken into account for a period for which he is entitled to payments in respect of—

(a) benefit (other than a maternity grant or a death grant) under Part II of the [1975 c. 14.] Social Security Act 1975 or Part II of the [1975 c. 60.] Social Security Pensions Act 1975 ;

(b) child benefit;

(c) allowances under section 2 (schemes for supplementing workmen's compensation) or allowances or other benefit under section 5 (industrial diseases benefit) of the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975 ; or

(d) a family income supplement under the [1970 c. 55.] Family Income Supplements Act 1970;

those payments may, at the discretion of the authority administering the said benefits, allowances or supplement, be abated by the amount by which the amounts paid under this Act exceed what the Commission determine they would have been had those payments been made before the amount of the supplementary benefit was determined.

(2) Where for any period—

(a) a person (in this subsection referred to as A) is entitled to, or to an increase in the amount of, any such benefit or allowance as is mentioned in subsection (1)(a) to (c) above (" the relevant social security benefit") in respect of another person (in this subsection referred to as B); and

(b) B's requirements have been taken into account in determining the amount of any supplementary benefit payable for that period to B or some other person (other than A); and

(c) the amount of the supplementary benefit so payable has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of, or of the increase in, the relevant social security benefit;

the amount of, or of the increase in, the relevant social security benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid under this Act exceed what the Commission determine they would have been had A, at the time the amount of the supplementary benefit was determined, been making payments for the maintenance of B at a rate equal to the amount of the relevant social security benefit, or of the increase in the relevant social security benefit, as the case may be.

(3) Where, in determining the amount of any supplementary benefit, the requirements of any person have been taken into account for the whole or part of a period in respect of which there might be afforded or granted to him—

(a) a rate rebate under a scheme under section 11 or 12 of the [1974 c. 7.] Local Government Act 1974 or, in Scotland, the standard scheme prescribed under section 112 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (including that scheme as varied under section 114 of that Act); or

(b) a rebate or allowance under Part II of the [1972 c. 47.] Housing Finance Act 1972 or, in Scotland, Part II of the [1972 c. 46.] Housing (Financial Provisions) (Scotland) Act 1972;

and before the whole or part of the rebate or allowance has been afforded or granted, the authority administering the rebate or allowance, as the case may be, are notified by the Commission of the amount by which the amounts paid under this Act exceed what the Commission have determined they would have been had the rebate or allowance been afforded or granted before the amount of the supplementary benefit was determined, the amount of the rebate or allowance to be afforded or granted shall be reduced by the amount so notified.

(4) Until 6th April 1979, in subsection (1)(a) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted ; and, until 4th April 1977, for subsection (1)(b) above there shall be substituted the following—

“(b) allowances under the Family Allowances Act 1965, or benefit under section 16 of the Child Benefit Act 1975 (interim benefit for unmarried or separated parents);”.