Section 73 — Social Security Administration Act 1992: Overlapping benefits—general

Overlapping benefits—general 73 1 Regulations may provide for adjusting state pension under Part 1 of the Pensions Act 2014 or benefit as defined in section 122 of the Contributions and Benefits Act , or a contribution-based jobseeker's allowance, or a contributory employment and support allowance which is payable to or in respect of any person, or the conditions for receipt of that benefit , where—

a there is payable in his case any such pension or allowance as is described in subsection (2) below; or b the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

2 Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

a the person referred to in subsection (1);

b that person's wife, husband or civil partner ;

c any ... dependant of that person; or d the wife, husband or civil partner of any adult dependant of that person.

3 Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

4 Regulations may provide for adjusting za state pension under Part 1 of the Pensions Act 2014; a benefit as defined in section 122 of the Contributions and Benefits Act; ... b a contribution-based jobseeker's allowance, or c a contributory employment and support allowance, payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

5 Subsection (4) above applies to any benefit payable under the legislation of any member State which is payable to or in respect of—

a the person referred to in that subsection;

b that person's wife, husband or civil partner ;

c any ... dependant of that person; or d the wife, husband or civil partner of any adult dependant of that person.

6 Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.