The Social Security (Overlapping Benefits) Regulations 1979

Special provisions for widow's benefit and invalidity pension

3.—(1) This regulation applies where, apart from these regulations, there is payable for the same period to a person under pensionable age both—

(a) an invalidity pension; and

(b) a widowed mother's allowance or widow's pension (hereafter referred to in this regulation as “the widow's benefit”).

(2) The total amount payable in respect of these benefits under this regulation shall be—

(a) the sum of the two basic components up to and not exceeding the rate specified in section 6(1)(a) of the Pensions Act; and

(b) the sum of the two additional components up to and not exceeding the maximum for the time being prescribed under section 9(3) of the Pensions Act.

(3) Subject to paragraph (4)—

(a) where the beneficiary has made application, before the payment is made, that the total amount payable should be treated as being made up of the rate of the invalidity pension, any balance being the widow's benefit, it shall be so treated;

(b) in any other case, that amount shall be treated as being made up of the rate of the widow's benefit, any balance being the invalidity pension.

(4) For the purposes of the remainder of these regulations (other than regulation 6(5)), which shall apply after adjustment has been made under this regulation, the total amount payable under this regulation shall be treated as a single long-term benefit payable on a weekly basis.