Regulation 3 Amendment of the Social Security (Overlapping Benefits) Regulations 1975

The Social Security (Overlapping Benefits) Regulations 1975, as amended^f1, shall be further amended in accordance with the following paragraphs.

In regulation 6 (adjustment of dependency benefit in respect of a child where other dependency benefit is payable for that child), in paragraph (1) after the words “specified in paragraph (2) is payable” there shall be inserted the words “to that or any other person”.

For regulation 6A there shall be substituted the following regulation:—

“Child benefit

6A

Benefit under the Act shall not be required to be adjusted by reference to child benefit other than where an increase of child benefit is payable to a person who—

(a)

either has no spouse or is not residing with his spouse; and

(b)

is not living with any other person as his spouse,

and for the same period, in respect of the same child, any benefit or allowance or increase of a benefit or allowance under the Act is or, but for this regulation, would be payable to a beneficiary, the weekly rate of that benefit or allowance or increase thereof shall be reduced by the amount of the said increase of child benefit.”

In regulation 12 (priority between persons entitled to an increase of benefit), in paragraph (3)(a) for the words “has been awarded child benefit in respect of a child” there shall be substituted the words “is entitled, otherwise than by virtue of regulations made under Schedule 20 to the Act, to child benefit in respect of the child”.