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The Child Benefit (General) Regulations 1976 (revoked)

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Version Superseded: 06/04/1987

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Set-off of benefit against arrears of non-contributory invalidity pension and of non-contributory invalidity pension against arrears of benefitE+W+S

15.—(1) Benefit paid shall, unless it is required to be repaid, be treated as properly paid for any period for which it is not in fact payable in cases where, in consequence of a subsequent decision under the Social Security Act, the person in respect of whom it was paid is entitled to a non-contributory invalidity pension under that Act for that period; and any arrears payable by virtue of the subsequent decision for that period shall be reduced by the amount of the benefit treated as properly paid or, if that amount is equal to or greater than any such arrears, withheld.

(2) Non-contributory invalidity pension paid to a person which it is subsequently decided was not payable shall, unless it is required to be repaid, be treated as properly paid for any period for which it is not in fact payable in cases where, in consequence of a subsequent decision under the Act, another person is entitled to benefit in respect of the first mentioned person for that period; and any arrears payable by virtue of that subsequent decision for that period shall be reduced by the amount of the pension treated as properly paid or, if that amount is equal to or greater than any such arrears, withheld.

[F1(3) For any period for which—

(a)a person would have been entitled to benefit in respect of a child but for the provisions of paragraph 5 of Schedule 1 to the Act (except where regulations otherwise provide, no person to be entitled to benefit in respect of a child for any week in which the child is entitled to a non-contributory invalidity pension under the Social Security Act); and

(b)benefit paid in respect of that child is treated as properly paid under paragraph (1),

the said paragraph 5 shall not apply in relation to that person and that child for the purpose, but only for the purpose, of determining the weekly rate of benefit to which that person is entitled in respect of any other child.]

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