The Social Security (Loss of Benefit) Regulations 2001

PART VI DEDUCTIONS FROM BENEFITS AND DISQUALIFYING BENEFITS

Social security benefits not to be sanctionable benefits

19.  The following social security benefits are to be treated as a disqualifying benefit but not a sanctionable benefit—

(a) constant attendance allowance payable under article 14 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983(1) (“the Order”) or article 14 or 43 of the Personal Injuries (Civilians) Scheme 1983(2) (“the Scheme”);

(b) exceptionally severe disablement allowance payable under article 15 of the Order or article 15 or 44 of the Scheme;

(c) mobility supplement payable under article 26A of the Order or article 25A or 48A of the Scheme;

(d) constant attendance allowance and exceptionally severe disablement allowance, payable under sections 104 and 105 respectively of the Benefits Act where a disablement pension is payable under section 103 of that Act; and

(e) a bereavement payment payable under section 36 of the Benefits Act(3).

Deductions from benefits

20.  Any restriction in section 7, 8 or 9 of the Act shall not apply in relation to payments of benefit to the extent of any deduction from the payments which falls to be made under regulations made under section 5(1)(p) of the Social Security Administration Act 1992 for, or in place of, child support maintenance and for this purpose, “child support maintenance” means such maintenance which is payable under the Child Support Act 1991(4).

(1)

S.I. 1983/883.

(2)

S.I. 1983/686.

(3)

Section 36 was substituted by section 54(1) of the Welfare Reform and Pensions Act 1999 (c. 30).

(4)

1991 c. 48. Section 43 of that Act, which permits deduction in connection with child support maintenance using the powers in section 5 of the Social Security Administration Act 1992, is substituted by section 21 of the Child Support, Pensions and Social Security Act 2000 (c. 19). The Regulations are S.I. 1987/1968 and relevant amending instruments are S.I. 1988/522 and 725, 1992/1026 and 2001/18.