The Social Security (Overlapping Benefits) Regulations 1979

Adjustment of dependency benefit where certain personal benefit is payable

10.—(1) Subject to the following provisions of this regulation, where a dependency benefit under the Act is payable for the same period as one or more of the following personal benefits is, or but for the provisions of these regulations would be, payable to the dependant—

(a)a personal benefit under Chapter I or II of Part II of the Act (other than a benefit specified in regulation 4(2)(a)(b)(c)(e) or (g);

(b)an unemployability supplement;

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)industrial death benefit;

(e)war pension death benefit;

(f)a training allowance[F2;]

[F3(g)a temporary allowance under the provisions of section 1 of the Job Release Act 1977;]

[F4(h)a weekly allowance pursuant to arrangements made by [F5the Secretary of State] under section 2 of the Employment and Training Act 1973[F6, or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990,] for the purpose of the Enterprise Allowance Scheme,]

[F7(i)graduated retirement benefit,]

[F8(j)a contribution-based jobseeker’s allowance,]

[F9(k)a contributory employment and support allowance,]

the dependency benefit shall be adjusted in accordance with paragraph (2).

(2) Where the weekly rate of the personal benefit (or, if more than one, the aggregate weekly rate payable after any adjustment made by virtue of regulations 4(1) or 6(1)—

(a)is equal to or exceeds the weekly rate of the dependency benefit, the dependency benefit shall not be paid;

(b)in any other case, the weekly rate of the dependency benefit payable shall be adjusted, if necessary, so that it does not exceed the difference between the weekly rate of the personal benefit and that of the unadjusted dependency benefit.

(3) Paragraph (1) does not apply to an increase of benefit under section 44(3)(c), 46(2) or 66(1)(d) in respect of a person who is employed by, but is not residing with, the beneficiary [F10or to a person entitled to an increase of incapacity benefit under regulation 9(1)(d) of the Social Security (Incapacity Benefits—Increases for Dependants) Regulations 1994 who satisfies the requirements of paragraph (3)(a) of that regulation].

(4) Where the personal benefit to which paragraph (1) applies is sickness benefit [F11but not incapacity benefit] payable to a married woman which falls to be adjusted by virtue of regulations under section 85(1)(b) (hospital in-patients) and the dependency benefit would be payable to her husband, the rate of sickness benefit to be taken into account for the purposes of paragraph (1) shall be the rate after it has been so adjusted.