The Social Security (Overlapping Benefits) Regulations 1979

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Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

[F1“the 2012 Act” means the Welfare Reform Act 2012;]

“the Act” means the Social Security Act 1975;

[F2“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

“the Pensions Act” means the Social Security Pensions Act 1975;

[F3armed forces independence payment” means a payment under Article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011]

“benefit under Chapters I and II of Part II of the Act” includes benefit treated as included in Chapter I of Part II of the Act by virtue of section 66(2)(b) of the Pensions Act;

F4...

“the Child Benefit Act” means the Child Benefit Act 1975;

“child benefit” means benefit under Part I of the Child Benefit Act;

[F5“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;]

[F6“contributory benefit" means any benefit payable under Part II of the Contributions and Benefits Act, [F7a contribution-based jobseeker's allowance and a contributory employment and support allowance];]

[F8“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;]

[F1“the daily living component of personal independence payment” means a payment in accordance with section 78 of the 2012 Act;]

“death benefit” means any benefit, pension or allowance which, apart from these regulations, is payable (whether under the Act or otherwise) in respect of the death of any person;

“the deceased” means, in relation to any death benefit, the person in respect of whose death that benefit, apart from these regulations, is payable;

“dependency benefit” means that benefit, pension or allowance which, apart from these regulations, is payable (whether under the Act or otherwise) to a person in respect of another person who is a child or an adult dependant; it includes child's special allowance and any personal benefit by way of pension payable to a child under any Personal Injuries Scheme, Service Pensions Instrument or 1914-1918 War Injuries Scheme but does not include benefit under section 73 of the Act (allowances to a woman who has care of children of person who died as a result of an industrial accident) [F9or child tax credit under the Tax Credits Act 2002];

“disablement pension” includes a disablement payment on a pension basis and retired pay or pension in respect of any disablement, wound, injury or disease;

[F10“the enhanced rate” in relation to the daily living component of personal independence payment means the rate prescribed in regulation 24(1)(b) of the Social Security (Personal Independence Payment) Regulations 2013;]

[F11“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;]

[F12“the Jobseekers Act" means the Jobseekers Act 1995;]

“personal benefit” means any benefit, pension or allowance[F13, except a shared additional pension [F14(whether under the Act or otherwise)],] which is not a dependency benefit [F15or universal credit under Part 1 of the 2012 Act][F16, and includes [F17a contributory employment and support allowance but not an income-related employment and support allowance and includes] a contribution-based jobseeker’s allowance but not an income-based jobseeker’s allowance,] and which[F14, apart from these regulations,] is payable to any person;

[F1“personal independence payment” means personal independence payment under Part 4 of the 2012 Act;]

“Personal Injuries Scheme” means any scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;

“Pneumoconiosis and Byssinosis Benefit Scheme” means any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975;

[F18“Service Pensions Instrument” means any instrument described in sub-paragraphs (a) or (b) below in so far, but only in so far, as the pensions or other benefits provided by that instrument are not calculated or determined by reference to length of service, namely:—

(a)

any instrument made in exercise of powers—

(i)

referred to in section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 (pensions or other benefits for disablement or death due to service in the armed forces of the Crown); or

(ii)

under section 1 of the Polish Resettlement Act 1947 (pensions and other benefits for disablement or death due to service in certain Polish forces); or

(b)

any instrument under which a pension or other benefit may be paid to a person (not being a member of the armed forces of the Crown) out of public funds in respect of death or disablement, wound, injury or disease due to service in any nursing service or other auxiliary service of any of the armed forces of the Crown, or in any other organisation established under the control of the Defence Council or formerly established under the control of the Admiralty, the Army Council or the Air Council.]

[F19“shared additional pension” means a shared additional pension under section 55A [F20or 55AA] of the Contributions and Benefits Act;]

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable out of public funds by a Government department or by or on behalf of [F21Scottish Enterprise, Highlands and Islands Enterprise[F22, the F23... [F24the Secretary of State], the National Assembly for Wales] or] [F25the Secretary of State] to a person for his maintenance, or in respect of any dependant of his, for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of [F21Scottish Enterprise, Highlands and Islands Enterprise[F26, the National Assembly for Wales] or] the said Commission [F27but it does not include—

(a)

an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education or is training as a teacher; or

(b)

a payment made by or on behalf of [F21Scottish Enterprise, Highlands and Islands Enterprise or] the Secretary of State to any person by way of training premium or training bonus in consequence of that person’s use of facilities for training provided in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 [F28or section 2 of the Enterprise and New Towns (Scotland) Act 1990].]

“treatment allowance” means an allowance payable under a Personal Injuries Scheme, Service Pensions Instrument or 1914-1918 War Injuries Scheme only to a person undergoing a course of medical, surgical or rehabilitative treatment in consequence of a disablement in respect of which a pension may be or has been paid, or an allowance payable to any such person pending the determination of the question whether he is entitled to receive such a pension;

“unemployability supplement” includes an increase on account of unemployability under—

(a)

any Pneumoconiosis and Byssinosis Benefit Scheme; and

(b)

any Personal Injuries Scheme, Service Pensions Instrument or 1914-1918 War Injuries Scheme;

“war pension death benefit” means a death benefit by way of pension or allowance under any Personal Injuries Scheme, Service Pensions Instrument or 1914-1918 War Injuries Scheme, but does not include a rent allowance or a grant payable by reason of the beneficiary being in receipt of a pension and being a specific age which is not less than 65 or a pension or an allowance calculated by reference to the necessities of the beneficiary;

“1914-1918 War Injuries Scheme” means any scheme made under the Injuries in War (Compensation) Act 1914 or under the Injuries in War Compensation Act 1914 (Session 2) or any Government scheme for compensation in respect of persons injured in any merchant ship or fishing vessel as the result of hostilities during the 1914-1918 War.

[F29“the Welfare Reform Act” means the Welfare Reform Act 2007.]

[F30“widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act (widowed mother’s allowance);]

[F31“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;]

[F32“widow’s pension” means a pension referred to in section 38 of the Contributions and Benefits Act (widow’s pension).]

(2) For the purposes of these regulations, unless otherwise specified, [F33additional pension] payable by virtue of the Act or the Pensions Act shall be deemed to include any increase so far as attributable to any [F33additional pension] or to any increase by virtue of section 126A of the Act or paragraph 4A of Schedule 1 to the Pensions Act or to any increase of graduated retirement benefit and shall be treated as a separate personal benefit included in Chapter I of Part II of the Act.

Textual Amendments

F1Words in reg. 2(1) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 10(2)

F2Words in reg. 2 inserted (13.1.1993) by The Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1992 (S.I. 1992/3194), regs. 1(1), 2

F3Words in reg. 2 inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 3(2)(a)

F4Words in reg. 2(1) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 6(2)

F5Words in reg. 2(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 25(a)

F6Words in reg. 2(1) inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 22(2)(a)

F7Words in reg. 2(1) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 51(2)(a)

F8Words in reg. 2(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 25(b)

F9Words in reg. 2(1) added (6.4.2003) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 2) Regulations 2003 (S.I. 2003/937), regs. 1(a), 2(3)

F10Words in reg. 2 inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 3(2)(b)

F11Words in reg. 2(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 25(c)