The Social Security (Overlapping Benefits) Amendment Regulations 1980

Amendment of regulation 2 of the principal regulations

2.  In paragraph (1) of regulation 2 of the principal regulations (interpretation)—

(a) in the definition of “personal benefit” there shall be inserted after the word “allowance” the words “(whether under the Act or otherwise)” and after the words “and which” the words “, apart from these regulations,”; and

(b) for the definition of “Service Pensions Instrument” there shall be substituted the following definition:—

““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.”