PART 5Miscellaneous Amendments

CHAPTER 3Adjustments and Deductions

Amendment of the Social Security (Overlapping Benefits) Regulations 197951

1

The Social Security (Overlapping Benefits) Regulations 1979 M1 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

in the definition of “contributory benefit”M2 for “ and a contribution-based jobseeker's allowance” substitute “ a contribution-based jobseeker's allowance and a contributory employment and support allowance ”;

b

in the definition of “personal benefit”M3 after “includes” insert “ a contributory employment and support allowance but not an income-related employment and support allowance and includes ”; and

c

after the definition of “1914-1918 War Injuries Scheme” insert—

“the Welfare Reform Act” means the Welfare Reform Act 2007.

3

In regulation 4(1)(a) M4 (adjustment of personal benefit etc.) after “industrial injuries benefits)” insert “ , Part 1 of the Welfare Reform Act ”.

4

In regulation 10(1) M5 (adjustment of dependency benefit where certain personal benefit is payable) after sub-paragraph (j) add—

k

a contributory employment and support allowance,

5

In regulation 16 M6 (persons to be treated as entitled to benefit for certain purposes)—

a

after “the Act” the first time it occurs insert “ , Part 1 of the Welfare Reform Act ”; and

b

after “under it,” the first time it occurs insert “ Part 1 of the Welfare Reform Act and regulations made under it ”.

6

In regulation 17 M7 (prevention of double adjustments) for “or under the Jobseekers Act” each time it occurs substitute “ , the Jobseekers Act or Part 1 of the Welfare Reform Act ”.

7

In Schedule 1 M8 (personal benefits which are required to be adjusted etc.) in column (1) (personal benefit under the Act) in paragraph 4, after “severe disablement allowance” insert “ , contributory employment and support allowance ”.