The Social Security (Invalid Care Allowance) Regulations 1976

Amendment of the Social (Overlapping Benefits) Regulations 1975

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

(2) In regulation 3 (adjustment of personal benefit under Chapters I and II of Part II of the Act where other personal benefit under those Chapters is payable)—

(a) in paragraph (2)(d) after the words “non-contributory invalidity pension” there shall be inserted the words “or invalid care allowance”;

(b) for paragraph (5) there shall be substituted the following paragraph:—

“(5) Where a person is entitled to a graduated retirement benefit and a Category D retirement pension, a non-contributory invalidity pension or an invalid care allowance, the Category D retirement pension, the non-contributory invalidity pension or the invalid care allowance, as the case may be, shall be adjusted in accordance with paragraph (4)(a).”

(3) For regulation 9A (special provision relating to the adjustment of non-contributory invalidity pension) there shall be substituted the following regulation:—

“Special provision relating to the adjustment of non-contributory invalidity pension and invalid care allowance

9A.   In any case where personal benefit or dependency benefit by way of a non-contributory invalidity pension or an invalid care allowance would, in accordance with the provisions of regulations 3, 5, 6 or 7, fall to be adjusted by reference to any other personal benefit or dependency benefit, it shall be reduced by the amount which is, or but for these regulations would be, payable by way of that other benefit both as personal benefit and as dependency benefit, so however that the amount payable by way of a non-contributory invalidity pension or an invalid care allowance and that other benefit shall in no case be less than the sum of the amounts which, but for any adjustment, would have been payable by way of a non-contributory invalidity pension or an invalid care allowance as personal benefit and dependency benefit.”

(4) 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 column (1), after the words “Non-contributory invalidity pension” in paragraph 1A there shall be inserted the words “or invalid care allowance” .

(1)

(1975 I, p. 1918).

(2)

The relevant amending instruments are S.I. 1975/1058, 1573 (1975 II, p. 3691; III, p. 5450).