I ASSENT Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 Regulations made under s. 26 of the Social Security (Open Long-Term
Benefits Scheme) Act 1997.



SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997

(LN. 1997/119)
1.4.1997

Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2007/066 r. 7 1.4.2007
2007/133 r. 7 1.9.2007
2009/021 rr. 6(1)(a) & (b), 7, 10(1) & (2)(b) & 12 1.4.2008
Act. 2011-29 Sch. 1.7.2009
2014-10 rr. 7, 13 & Sch. 28.3.2014

____________________


ARRANGEMENT OF REGULATIONS.

Regulation
1. Title and commencement.
2. Interpretation.
3. Adjustment of personal benefit under the Act where other personal
benefit is payable.
4. Exceptions to regulation 3.
5. Adjustment of dependency benefit under the Act where other
dependency benefit is payable.
6. Adjustment of dependency benefit under the Act where personal
benefit is payable.
7. Gratuities.
8. Priority of title to increases of benefit.
9. Two increases of the same benefit to be treated as separate benefits.
10. Provisions for adjusting benefit, etc., for part of a month.
11. Persons to be treated as entitled to benefit for certain purposes.
12. Social assistance.
Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 13. Guardian Allowance for a surviving civil partner who is made guardian of the deceased civil partner’s child/children.


SCHEDULE

PERSONAL BENEFITS WHICH ARE NOT
REQUIRED TO BE ADJUSTED.
Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 Title and commencement.

1. These Regulations may be cited as the Social Security (Open Long-Term
Benefits) (Overlapping Benefits) Regulations 1997 and shall be deemed to
have come into effect on the 1st day of April, 1997.

Interpretation.

2. (1) In these regulations, unless the context otherwise requires–
“dependency benefit” means the increase in the rate of a benefit, pension
or allowance (whether under the Act or otherwise) which, apart
from these regulations, is payable to a person in respect of another
person who is a child or an adult dependant;

“personal benefit” means that benefit, pension or allowance (whether
under the Act or otherwise) which, apart from these regulations, is
payable to a person otherwise than in respect of another person who
is a child or adult dependant.

(2) Where under section 20 of the Social Security (Employment Injuries
Insurance) Act an orphan’s pension is payable, it shall be treated for the
purposes of these regulations as dependency benefit, payable to the person
for the time being having the care of the orphan.

Adjustment of personal benefit under the Act where other personal
benefit is payable.

3. (1) Where, for any period, any personal benefit under the Act and one or
more of the personal benefits specified in paragraph (4) below (hereafter in
these regulations referred to as “the specified benefits”) or any other personal
benefit under the Act are, or, but for this regulation, would be payable to any
person, then for that period–

(a) every personal benefit under the Act which is or would be
payable shall, subject to the provisions of regulation 4 below, be
adjusted by reference to each of the specified benefits (if any)
payable for that period, in accordance with the provisions of
paragraph (2) below; and

(b) where (after such adjustment, if any) more than one personal
benefit under the Act would be payable for that period, an
adjustment between those personal benefits shall be made in
accordance with the provisions of paragraph (3) below.

Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 (2) Where in accordance with paragraph (1) above any personal benefit under the Act is required to be adjusted for any period by reference to any
specified benefit or benefits, then the amount which, but for this regulation,
would be payable for that period in respect of that personal benefit under the
Act shall be reduced or extinguished by the deduction there from of the
amount payable for that period in respect of that specified benefit or those
specified benefits, and, subject to any further adjustment to be made in
accordance with paragraph (3) below, only the balance (if any) shall be
payable for that period in respect of that personal benefit under the Act.

(3) Where in accordance with paragraph (1) above an adjustment between
any personal benefits under the Act is required to be made for any period,
then the amount payable for that period in respect of those personal benefits
shall be the amount which, but for this provision, would be payable for that
period in respect of one of those personal benefits if they would be so
payable at equal rates; or that one of them which would be so payable for
that period at the higher or highest rate.

(4) The personal benefits referred to in this regulation as “the specified
benefits” are any personal benefit by way of injury benefit or death benefit
under the Social Security (Employment Injuries Insurance) Act.

Exceptions to regulation 3.

4. Any personal benefit under the Act, which is specified in the first column
of the Schedule shall not be adjusted by reference to any specified benefit in
the corresponding paragraph of the second column of the Schedule.

Adjustment of dependency benefit under the Act where other
dependency benefit is payable.

5.(1) Where, for any period, any dependency benefit under the Act is or, but
for this regulation, would be payable to any person in respect of a child or an
adult dependant, that dependency benefit shall be adjusted -

(a) in the case of dependency benefit in respect of a child, by
reference to any other dependency benefit specified in
paragraph (2) below which is payable for that period in respect
of that child; or

(b) in the case of dependency benefits in respect of an adult
dependant, by reference to any other dependency benefit so
specified which is payable for that period to that person in
respect of that or any other adult dependant or to any person in
respect of that adult dependant,

Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 so that the amount which, but for this regulation, would be payable in respect of that dependency benefit under the Act shall be reduced or extinguished by
the deduction from that amount of the amount payable for that period in
respect of that other dependency benefit or those other dependency benefits
by reference to which the dependency benefit under the Act is required to be
adjusted and only the balance (if any) shall be payable for that period in
respect of that dependency benefit under the Act.

(2) The dependency benefits referred to in paragraph (1) above are any
dependency benefit under the Act, other than by way of old age pension, or
under the Social Security (Employment Injuries Insurance) Act, and any
dependency benefit by way of unemployment benefit under the Social
Security (Non-Contributory Benefits and Unemployment Insurance) Act.

Adjustment of dependency benefit under the Act where personal
benefit is payable.

6.(1) Where, for any period, any one or more of the personal benefits
specified in paragraph (2) below is or are payable to any person–

(a) if the monthly rate or aggregate monthly rate at which that
personal benefit or those personal benefits (if more than one) is
or are payable for that period is equal to or exceeds the full
monthly rate of benefit payable in accordance with column 3 of
Part V of Schedule 2 to the Social Security (Open Long-Term
Benefits) Regulations 1997, there shall not be paid in respect of
that person for that period any dependency benefit under the
Act; and

(b) in any other case, there shall not be paid in respect of that
person for that period any dependency benefit under the Act at
a monthly rate exceeding the difference between the monthly
rate or aggregate monthly rate at which that personal benefit or
those personal benefits (if more than one) is or are payable for
that period and the rate of the full monthly rate of benefit
payable in accordance with column 3 of Part V of Schedule 2 to
the Social Security (Open Long-Term Benefits) Regulations
1997.

(2) The personal benefits referred to in paragraph (1) above are any
personal benefit under the Act or under the Social Security (Non-
Contributory Benefits and Unemployment Insurance) Act, and any personal
benefit by way of injury or death benefit under the Social Security
(Employment Injuries Insurance) Act.

Gratuities.
Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 7. Where a widow or surviving civil partner is entitled to death benefit under
section 19 of the Social Security (Employment Injuries Insurance) Act, then,
notwithstanding that she or he may have opted to receive a gratuity instead
of a pension, she or he shall be treated for the purposes of these regulations
as entitled to a pension at the weekly rate of £53.80 a week for life or until
she or he remarries or enters into a further civil partnership.

Priority of title to increases of benefit.

8. Where two persons would be entitled to a dependency benefit under the
Act in respect of a third person, the question of which person shall be
entitled to the benefit shall be determined in accordance with the following
order of priority–

(a) such one of the two persons as may be designated in a written
notice to the Director, signed by the other;

(b) such one of the two persons as the Director may in his
discretion determine, having regard to the circumstances of the
case.

Two increases of the same benefit to be treated as separate benefits.

9. For the purposes of these regulations, in any case where dependency
benefit by way of increases of benefit in respect of more than one person
(being a child or an adult dependant) is payable, each of such increases of
benefit shall be treated as a separate dependency benefit.

Provisions for adjusting benefit, etc., for part of a month.

10.(1) Where, in accordance with the provisions of these regulations, any
benefit under the Act is required to be adjusted for a part only of a month,
then, for the purposes of making that adjustment and of determining the
amount of that benefit which is payable for the part (if any) of that month for
which it is not so required to be adjusted, the amount of the appropriate
monthly rate of that benefit and of every benefit (whether under the Act or
otherwise) by reference to which it is so required to be adjusted shall, if it is
not payable for that month at a daily rate equal to one-thirtieth of the
appropriate monthly rate, be treated as being so payable.

(2) In this regulation–

(a) the expression “benefit” includes any pension or allowance;

Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 (b) the expression “appropriate monthly rate” means, in relation to any benefit, the monthly rate at which it would be payable but
for the provisions of these regulations.


Persons to be treated as entitled to benefit for certain purposes.

11. Any person who would be entitled to any benefit under the Act but for
these regulations shall be treated as if he so were entitled for the purpose of
any rights or obligations under the Act (whether of himself or some other
person) which depend on his being so entitled, other than for the purposes of
the right to payment of that benefit.

Social assistance.

12. Where payments in respect of any benefit under the Act are in arrears for
any period and social assistance grants, or Minimum Income Guarantee
Payments, have been made by the Director for that period, the payments
shall be abated to the extent to which the actual amount of those social
assistance grants, or Minimum Income Guarantee Payments, exceeds what
would have been their amount, as decided by the Director, if such payments
had not fallen into arrears.
Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (OPEN LONG-TERM BENEFITS)
(OVERLAPPING BENEFITS) REGULATIONS 1997
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary
1997/119 SCHEDULE

Regulation 4.

PERSONAL BENEFITS WHICH ARE NOT REQUIRED TO BE
ADJUSTED.

Personal
benefits under
the Act.
1.
Other personal benefits
2.
(1) Old age
pension
(1)a. Injury benefit under the Social Security
(Employment Injuries Insurance) Act;
b. Death benefit payable to a woman or civil partner
as the widow or surviving civil partner of the
deceased under the Social Security (Employment
Injuries Insurance) Act.
(2) Any
personal benefit
(2) Death benefit payable to a person as the parent of the
deceased under the Social Security (Employment
Injuries Insurance) Act.
(3) Survivor’s
benefit
(3) Injury benefit under the Social Security (Employment
Injuries Insurance) Act.