The Social Security (Overlapping Benefits) Regulations 1979

Special provisions for widow's benefit and invalidity pension

3.— [F1 (1) This regulation applies where, apart from these regulations, there is payable for the same period to a person under pensionable age both—

(a) an [F2 long-term incapacity benefit]; and

(b) a widowed mother's allowance or widow's pension (hereafter referred to in this regulation as “the widow's benefit”).

(2) The total amount payable in respect of these benefits under this regulation shall be—

[F3 (a) an amount equal to either the basic rate of long-term incapacity benefit referred to in regulation 18(1)(a) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 paid in a transitional case or an award of widow’s basic pension calculated by reference to section 44(1) of the Contributions and Benefits Act or an amount equal to the greater of them]

(b) the sum of the [F4 incapacity benefit payable at the additional rate in accordance with regulation 18(1)(b) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 and widow’s pension determined in accordance with section 44(3)(b) of the Contributions and Benefits Act] up to and not exceeding the maximum for the time being prescribed under section 9(3) of the Pensions Act.

(3) Subject to paragraph (4)—

(a) where the beneficiary has made application, before the payment is made, that the total amount payable should be treated as being made up of the rate of the [F2 long-term incapacity benefit], any balance being the widow's benefit, it shall be so treated;

(b) in any other case, that amount shall be treated as being made up of the rate of the widow's benefit, any balance being the [F2 long-term incapacity benefit].

(4) For the purposes of the remainder of these regulations (other than regulation 6(5)), which shall apply after adjustment has been made under this regulation, the total amount payable under this regulation shall be treated as a single long-term benefit payable on a weekly basis.]

Textual Amendments

F1 Reg. 3 revoked (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(2) (with Pt. III, reg. 14(9)(10))

F2 Words in reg. 3 substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(10)(a)

F3 Reg. 3(2)(a) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(10)(b)

F4 Words in reg. 3(2)(b) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(10)(c)