C1C2Part IIIOverpayments and adjustments of Benefit
Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)
Adjustments of benefits
73Overlapping benefits—general
1
Regulations may provide for adjusting F14state pension under Part 1 of the Pensions Act 2014 or benefit as defined in section 122 of the Contributions and Benefits Act F1, or a contribution-based jobseeker's allowance,F10 or a contributory employment and support allowance which is payable to or in respect of any person, or the conditions for F2receipt of that benefit, where—
a
there is payable in his case any such pension or allowance as is described in subsection (2) below; or
b
the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.
2
Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—
a
the person referred to in subsection (1);
b
that person's F4wife, husband or civil partner;
c
any F8... dependant of that person; or
d
the F5wife, husband or civil partner of any adult dependant of that person.
3
Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.
F34
Regulations may provide for adjusting
F15za
state pension under Part 1 of the Pensions Act 2014;
a
benefit as defined in section 122 of the Contributions and Benefits Act; F12...
b
a contribution-based jobseeker's allowance, F11or
c
a contributory employment and support allowance,
payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.
5
Subsection (4) above applies to any benefit payable under the legislation of any F16member State which is payable to or in respect of—
a
the person referred to in that subsection;
b
that person's F6wife, husband or civil partner;
c
any F9... dependant of that person; or
d
the F7wife, husband or civil partner of any adult dependant of that person.
F136
Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.
Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46