Citation, interpretation and commencement

1.  These regulations, which may be cited as the Social Security (Overlapping Benefits) Amendment Regulations 1980, amend the Social Security (Overlapping Benefits) Regulations 1979 (hereinafter referred to as “the principal regulations”) and shall come into operation on 5th January 1981.

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:—

Amendment of regulation 10 of the principal regulations

3.  Paragraph (1) of regulation 10 of the principal regulations (adjustment of dependency benefit where certain personal benefit is payable) shall be amended by substituting a semi-colon for the comma in sub-paragraph (f), and inserting after sub-paragraph (f) the following sub-paragraph:—

“(g)a temporary allowance under the provisions of section 1 of the Job Release Act 1977,”.

EXPLANATORY NOTE

These Regulations amend the Social Security (Overlapping Benefits) Regulations 1979. Regulation 2 amends the definition of “personal benefit” and “Service Pensions Instrument” in regulation 2 of those Regulations.

Regulation 3 amends regulation 10 of those Regulations by adding an allowance under the Job Release Act 1977 to the categories of personal benefit payable to the dependant by reference to which a dependency benefit payable for the same period is required to be adjusted.

The Report of the National Insurance Advisory Committee, dated 11th November 1980, on the draft of these Regulations referred to them, together with a statement showing that the Regulations give effect to the Committee's recommendations, is contained in Command Paper (Cmnd.8116) published by Her Majesty's Stationery Office.