Section 85 Overlapping benefits

(1)

Regulations may provide for adjusting benefit payable to or in respect of any person, or the conditions for its receipt, where—

(a)

there is payable in his case any such pension or allowance as is described in subsection (2) below; or

(b)

the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(2)

Subsection (1)(a) above applies to any pension or allowance payable out of public funds (excluding an allowance under the Family Allowances Act, but including any other benefit under this Act, whether of the same or a different description) which is payable to or in respect of—

(a)

the person referred to in subsection (1);

(b)

that person's wife or husband;

(c)

any child or adult dependant of that person ; or

(d)

the wife or husband of any adult dependant of that person.

(3)

Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.