Decision Summary Information

Neutral Citation Number:
Reported Number:	R(S)5/94
File Number:	CS 205 1990
Appellant:
Respondent:
Judge/Commissioner:	Dr D. G. Rice
Date Of Decision:	08/07/1993
Date Added:	01/07/2002
Main Category:	Incapacity benefits
Main Subcategory:	increase for adult dependant
Secondary Category:
Secondary Subcategory:
Notes:	Increase for dependant wife - wife receiving retirement pension - whether the amount of graduated retirement benefit to be deducted from the increase of invalidity benefit The claimant was receiving invalidity benefit and an increase of invalidity benefit in respect of his wife. On attaining age 60 his wife claimed retirement pension, which was payable from 3 March 1986. Her retirement pension included three elements, basic pension, additional pension, and graduated retirement benefit. The adjudication officer deducted the whole of the retirement pension from the increase of invalidity benefit otherwise payable. This decision was upheld by the social security appeal tribunal and the claimant appealed to the Commissioner. Held that: although the graduated retirement benefit was not deductible from the increase of invalidity benefit in respect of the claimants wife (para. 7), such was not the case as regards her basic pension or her additional pension. These two pensions had to be deducted (paras. 9 and 10). [Note: With effect from 13 January 1993 regulations 4(1) and 10(1) were amended to include graduated retirement benefit by SI 1992 No. 3194.]
Decision(s) to Download:	S5_94.doc