The Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1991

Statutory Instruments

1991 No. 1617

SOCIAL SECURITY

The Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1991

Made

15th July 1991

Laid before Parliament

23rd July 1991

Coming into force

7th October 1991

The Secretary of State for Social Security, in exercise of powers conferred by sections 85, 166(2) and (3) of, and Schedule 20 to, the Social Security Act 1975(1), and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1991 and shall come into force on 7th October 1991.

(2) In these Regulations “the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 1979(3).

Amendment of regulation 8

2.  In regulation 8 of the Overlapping Benefits Regulations (child benefit)—

(a) in paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (5)”;

(b) after paragraph (4) there shall be added the following paragraph—

“(5) No adjustment of benefit shall be made under paragraph (3) in respect of any increase in the weekly rate of child benefit payable to a person in consequence of regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 1991(4).”.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

15th July 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Overlapping Benefits) Regulations 1979 by providing that there shall be no adjustment of benefit payable under the Social Security Act 1975 in respect of any increase in the weekly rate of child benefit arising as a consequence of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 1991.

(1)

1975 c. 14; section 85(2) was amended by the Child Benefit Act 1975 (c. 61), Schedule 4, paragraph 28; section 85(4) and (5) was inserted by the Social Security Act 1979 (c. 18), section 15(1). Section 166(3) was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 10(1). Schedule 20 is cited because of the meaning ascribed to the word “Regulations”.

(2)

See section 61(1)(b) and (10) of the Social Security Act 1986 (c. 50). The Social Security Act 1989 (c. 24), Schedule 8, paragraph 12(4) added a definition of “regulations” to section 61(10) of the Social Security Act 1986.

(3)

S.I. 1979/597; relevant amending instrument is S.I. 1991/547.

(4)

S.I. 1991/1595.