The Social Security (Miscellaneous Amendments) Regulations 1976

Amendment of the Social Security (Overlapping Benefits) Regulations 1975

3.—(1) The Social Security (Overlapping Benefits) Regulations 1975(1), as amended(2), shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation) in the definition of “dependency benefit” in paragraph (1) for the words “children of man who died” there shall be substituted the words “children of person who died”.

(3) In regulation 5 (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits) after paragraph (3) there shall be added the following paragraph:—

“(4) Nothing in paragraph (1) and the Schedule to these regulations shall require the adjustment of graduated retirement benefit by reference to industrial death benefit or war pension death benefit in either case payable to a woman as the widow of the deceased.”.

(4) In regulation 8 (adjustment of dependency benefit where certain personal benefit is payable) in sub-paragraph (a) of paragraph (1) for the reference to “regulation 3(2)(a) (b) (c) or (e)” there shall be substituted a reference to “regulation 3(2)(a) (b) (c) (e) or (g)”.

(5) In regulation 9 (dependency benefit under the Act not to be payable if a training allowance is payable) after the words “training allowance is payable to him” there shall be added the words “so however that this regulation shall not apply where such personal benefit has itself been adjusted by reference to any benefit under the Act”.

(6) In regulation 14 (prevention of double adjustments) for the words from and including the words “by reference to a benefit” to the end of the regulation there shall be substituted the words “by reference to any other benefit, whether under the Act or otherwise, where the latter benefit has itself been adjusted by reference to the former benefit”.

(7) In the Schedule (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act) in paragraph 4 of column 2 for the words “in so far as” there shall be substituted the word “if”.

(1)

(1975 I, p. 1918).

(2)

The relevant amending instrument is S.I. 1975/1573 (1975 III, p. 5450).