The Social Security (Overlapping Benefits) Regulations 1979

Adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits

6.—(1) Subject to paragraph (5) and regulation 12, where a personal benefit which is specified in column (1) of Schedule 1 to these regulations (“the column (1) benefit”) is, or but for this regulation would be payable to a person for the same period as a personal benefit which is specified in the corresponding paragraph of column (2) of that Schedule (“the column (2) benefit”) the column (1) benefit shall be adjusted by deducting from it the amount of the column (2) benefit and, subject to any further adjustment under regulation 4, only the balance, if any, shall be payable.

(2) Any reference in paragraph (1), or in Schedule 1 to these regulations, to a benefit, other than a training allowance, does not include an earnings-related supplement or earnings-related addition to it.

[F1 (3) Paragraph (1) and Schedule 1 have effect in relation to—

(a) the following allowances and payments—

(i) an attendance allowance;

(ii) the care component of disability living allowance; and

(iii) the daily living component of personal independence payment; F2 ...

[F3 (iv) armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate; and]

(b) any benefit by reference to which an allowance or payment under paragraph (a) above is to be adjusted;

as requiring adjustment where both that allowance or payment and the benefit are payable in respect of the same person (whether or not one or both of them are payable to that person).]

(4) Paragraph (1) and Schedule 1 to these regulations shall not require the adjustment of, or by reference to, [F4 additional pension] or graduated retirement benefit.

(5) Where—

(a) the column (2) benefit is industrial death benefit or war pension death benefit in either case payable to the beneficiary as the surviving spouse [F5 or civil partner],

and

(b) the column (1) benefit is Category A retirement pension F6 ... which—

F7 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) has a [F8 basic pension] by virtue of the beneficiary's own contributions (but not by virtue of those of a former spouse [F5 or civil partner]) which consists of either the rate specified in section 6(1)(a) of the Pensions Act or some percentage of that rate prescribed by regulations made under section 33(2) of the Act,

the adjustment under paragraph (1) shall not reduce that Column (1) benefit to less than the appropriate rate in sub-paragraph (b)(ii), together with, if any, increments payable under paragraph 2 of Schedule 1 to the Pensions Act and increase under section 28(7) of the Act.

Textual Amendments

F1 Reg. 6(3) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 10(3)

F2 Word in reg. 6(3)(a)(iii) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 3(3)(a)

F3 Reg. 6(3)(a)(iv) 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(3)(b)

F4 Words in reg. 6(4) substituted (6.4.1987) by Social Security Act 1986 (c. 50), reg. 1, s. 18(1)

F5 Words in reg. 6(5) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 9(2) (with art. 3)

F6 Words in reg. 6(5)(b) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(4)(a) (with Pt. III, reg. 14(11))

F7 Reg. 6(5)(b)(i) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 14(4)(b) (with Pt. III, reg. 14(11))

F8 Words in reg. 6(5)(ii) substituted (6.4.1987) by Social Security Act 1986 (c. 50), reg. 1, s. 18(1)