The Social Security (Overlapping Benefits) Regulations 1979

Adjustment of dependency benefit in respect of a child where other dependency benefit is payable for that child

7.—(1) Subject to regulation 12, where dependency benefit under the Act is payable, or but for this regulation would be payable, to any person in respect of a child and any other dependency benefit specified in paragraph (2) is payable to that or any other person in respect of that child for the same period, an adjustment shall be made in accordance with regulation 4(5) so however that where one of the dependency benefits is death benefit under section 70 by way of an allowance, or is a guardian's allowance under section 38 (the other dependency benefit not being benefit under either the said section 38 or 70) the adjustment shall be made in accordance with paragraph (4) of this regulation.

(2) Subject to paragraph (3), the other dependency benefit referred to in paragraph (1) is any dependency benefit under—

(a) the Act;

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

(c) any Pneumoconiosis and Byssinosis Benefit Scheme;

(d) any scheme, being a benefit by way of training allowance.

(3) Sub-paragraph (b) of paragraph (2) does not include an allowance payable for the purpose of the child's education and for the purposes of that sub-paragraph—

(a) any personal benefit by way of a pension payable to a child shall be treated as a dependency benefit payable to another person in respect of that child;

(b) any dependency benefit payable as part of a disablement pension shall be disregarded unless it is payable as an increase of an unemployability supplement.

(4) Where one of the dependency benefits is death benefit under section 70 by way of an allowance or is a guardian's allowance, except in a case to which paragraph (5) applies, the other dependency benefit shall be adjusted by deducting from it the amount of that death benefit or, as the case may be, guardian's allowance, and only the balance, if any, shall be payable.

(5) Where a death benefit by way of an allowance under section 70 or a guardian's allowance is payable to a person in respect of a child and any other dependency benefit specified in sub-paragraph (b) or (d) of paragraph (2) is payable to that or any other person in respect of that child for the same period, the death benefit or, as the case may be, the guardian's allowance shall be adjusted by deducting from it the other benefit and only the balance, if any, shall be payable.