Article 56 Abatement of awards in respect of social security benefitsF9

United Kingdom

(1)

Where a pension is awarded to or in respect of a person for any past period for which benefit under an Act referred to in paragraph (3) has also been paid to or in respect of that person (“the relevant period”), the amount of pension awarded may be abated by an amount calculated in accordance with paragraph (2).

(2)

The amount referred to in paragraph (1) is the amount by which the amount of benefit paid during the relevant period exceeds the amount of benefit which would have been payable if the pension had been paid at the same time as the benefit.

(3)

The Acts referred to in paragraph (1) are—

(a)

the National Insurance Act 1965M1;

(b)

any legislation in Northern Ireland corresponding to that Act;

(c)

Parts II to VII of the Social Security Contributions and Benefits Act 1992M2;

(d)

the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992M3;

(e)

Part I of the Jobseekers Act 1995M4

F1(f)

Part 1 of the Welfare Reform Act 2007.

F2(g)

the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007.

F3(h)

Part 4 of the Welfare Reform Act 2012F4;

F5(ha)

the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015;

(i)

Part 1 of the Welfare Reform Act 2012F6;

F7(j)

the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015.

F8(k)

Part 2 of the Social Security (Scotland) Act 2018.

Annotations

Textual amendments

F1: Art. 56(3)(f) inserted (27.10.2008 with application in accordance with art. 2(5) of the amending S.I.) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(b)(6), Sch. 1 Pt. 2 para. 13
F2: Art. 56(3)(g) added (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 13(b) (with art. 18)
F3: Art. 56(3)(h) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), regs. 2, 8, Sch. para. 38(3)
F4: Art. 56(3)(i) and preceding semicolon inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(5)
F5: Art. 56(3)(ha) inserted (N.I.) (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 32(3)
F6: Art. 56(3)(i): semicolon added (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(5)(a)
F7: Art. 56(3)(j) added (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(5)(b)
F8: Art. 56(3)(k) inserted (8.4.2024) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2024 (S.I. 2024/191), arts. 1(b), 3
F9: Words in art. 56 heading inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 13(a) (with art. 18)

Marginal citations

M1: 1965 c. 51.
M2: 1992 c. 4.
M3: 1992 c. 7 (N.I.).
M4: 1995 c. 18.