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CHAPTER 2
Provisions Relating to Entitlement
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Overlapping provisions.
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[1991, s. 43(1)]
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209.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—
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(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,
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(b) any assistance specified in section 118(1) other than supplementary welfare allowance,
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(c) disabled person's maintenance allowance, or
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(d) infectious diseases maintenance allowance.
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[1991, s. 43(1)]
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(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—
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(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,
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(b) any assistance specified in section 118(1) other than supplementary welfare allowance,
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(c) disabled person's maintenance allowance,
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(d) infectious diseases maintenance allowance,
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(e) any increase in the said benefit in respect of an adult dependant,
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(f) any increase in the said assistance in respect of an adult dependant,
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(g) any increase in the said benefit in respect of a qualified child, or
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(h) any increase in the said assistance in respect of a qualified child.
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[1991, s. 43(1)]
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(3) For the purposes of this section—
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(a) an increase of disabled person's maintenance allowance or an increase of infectious diseases maintenance allowance, may be regarded as a separate payment, and
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(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.
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[1991, s. 43(1)]
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(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.
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[1991, s. 43(1)]
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(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).
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[1992, s. 50(2)]
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(6) Where, but for this subsection, family income supplement and—
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(a) unemployment benefit,
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(b) retirement pension,
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(c) unemployment assistance, or
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(d) pre-retirement allowance,
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would be payable to or in respect of a person in respect of the same period, only one shall be paid.
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[1991, s. 43(1)]
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(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.
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[1991, s. 43(1)]
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(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.
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[1991, s. 43(1)]
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(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.
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