Regulation 9 Duplication and prescribed payments

(1)

For the purposes of section 27(2) of the Act (recovery of amount of benefit awarded because prescribed payment not made on prescribed date), the payment of any of the following is a prescribed payment:—

(a)

any benefit under the Social Security Act 1975^f1 other than any grant or gratuity;

(b)

any child benefit;

(c)

any family income supplement;

(d)

any war disablement pension or war widow’s pension^f2 which is not in the form of a gratuity and any payment which the Secretary of State accepts as analogous to any such pension;

(e)

any allowance paid under the Job Release Act 1977^f3;

(f)

any allowance payable by or on behalf of the Manpower Services Commission to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by that Commission;

(g)

any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community^f4, whether or not the benefit has been acquired by virtue of the provisions of that Regulation.

(2)

The prescribed date, in relation to any payment prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Secretary of State if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to supplementary pension or allowance.

Annotations

Footnotes

f1: 1975 c. 14.
f2: “War disablement pension” and “war widow’s pension” are each defined in section 84(1) of the Social Security Act 1986 (c. 50).
f3: 1977 c. 8.
f4: O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulation (EEC) No. 1660/85 (O.J. No. L160, 20.6.1985), Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L57, 28.2.1986).