The Social Security (Overlapping Benefits) Regulations 1979

Adjustment of personal benefit under Chapters I and II of Part II of the Act where other personal benefit under those Chapter is payable

4.—(1) Subject to paragraphs (2), (3) and (4) and regulation 12, where 2 or more personal benefits (whether of the same or a different description) are, or but for this regulation would be, payable under Chapters I and II of Part II of the Act (which relate to benefits other than industrial injuries benefits) for any period, an adjustment shall be made in accordance with paragraph (5).

(2) Paragraph (1) shall not require the adjustment of, or by reference to—

(a) a death grant;

(b) a maternity grant;

(c) any other sum paid otherwise than in respect of a period;

(d) an earnings-related supplement or earnings-related addition to any benefit (except as provided by regulation 5 and in the case of non-contributory invalidity pension or invalid care allowance);

(e) an attendance allowance;

(f) additional component or graduated retirement benefit (except as provided by paragraph (4));

(g) mobility allowance.

(3) Paragraph (1) shall require an adjustment of age addition only by reference to another age addition.

(4) Where there are payable 2 or more personal benefits to which this regulation applies with which additional component or graduated retirement benefit is payable as part of the rate of benefit or as an increase of benefit, or, in a case where the person entitled to receive the benefits is over pensionable age and one or more of the benefits includes either additional component or graduated retirement benefit while another of the benefits is payable at the rate referred to in section 14(6) or 15(4) of the Act, then the following provisions shall apply—

(a) for the purposes of adjustment falling to be made under paragraph (5) that additional component or graduated retirement benefit shall be treated as part of the personal benefit with which it is so payable;

(b) the provisions of sub-paragraph (a) shall apply before any further adjustment under these regulations; and

(c) for the purpose of any such further adjustment, the beneficiary shall be treated as having a single long-term benefit inclusive of whichever before adjustment under sub-paragraph (a) is the highest of the following amounts—

(i) the highest additional component payable, or

(ii) the highest graduated retirement benefit payable, or

(iii) the highest total of additional component and graduated retirement benefit payable together as part of the rate of and as an increase of any of those personal benefits.

(5) Where an adjustment falls to be made in accordance with this paragraph and—

(a) one of the benefits is a contributory benefit and one is a non-contributory benefit, the non-contributory benefit shall be adjusted by deducting from it the amount of the contributory benefit and only the balance, if any, shall be payable.

(b) sub-paragraph (a) above does not apply, if one of the benefits is payable on a weekly basis—

(i) where the beneficiary has made application, before the payment is made, to have the benefit payable on a weekly basis adjusted, it shall be adjusted by deducting from it the amount of the other benefit and only the balance of it, if any, shall be payable,

(ii) in any other case, the benefit not payable on a weekly basis shall be adjusted by deducting from it the amount of the other benefit and only the balance of it, if any, shall be payable;

(c) sub-paragraphs (a) and (b) above do not apply, the amount payable in respect of the benefits in question shall be an amount equal to that which would but for this provision be payable in respect of—

(i) one of them, if they would have been payable at the same rate, or

(ii) the higher or highest of them, if they would have been payable at different rates,

so however that in a case where more than 2 benefits would be payable then the total amount payable shall not exceed the amount which would be ascertained under sub-paragraph (c).