The Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1992

• Citation: S.I. 1992/3194
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1992 and shall come into force on 13th January 1993.

(2) In these Regulations “the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 .

Section 2 Amendment of regulation 2 of the Overlapping Benefits Regulations

In regulation 2 of the Overlapping Benefits Regulations (interpretation), after the definition of “the Act” there shall be inserted the following definition—

“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;

Section 3 Amendment of regulation 4 of the Overlapping Benefits Regulations

(1) For the heading to regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following heading—

Adjustment of personal benefit under Parts II and III of the Contributions and Benefits Act where other personal benefit under those Parts or graduated retirement benefit is payable

(2) For paragraph (1) of regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following paragraph—

(4)

(1) Subject to paragraphs (2), (3) and (4) and regulation 12, an adjustment shall be made in accordance with paragraph (5) where either—

(a) two or more personal benefits (whether of the same or a different description) are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act (which relate to benefits other than industrial injuries benefits) for any period; or

(b) graduated retirement benefit is payable under sections 36 and 37 of the National Insurance Act 1965 together with one or more personal benefits (whether of the same or a different description) which are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act for any period.

Section 4 Amendment of regulation 10 of the Overlapping Benefits Regulations

In regulation 10(1) of the Overlapping Benefits Regulations after sub-paragraph (h) there shall be added the following sub-paragraph —

(i) graduated retirement benefit,