Overlapping Benefit Rule

The overlapping benefit rules mean that sometimes you may qualify for two or more earnings replacements benefits but you cannot be paid more than one benefit at the same time.

Overlapping benefits split into contributory and non-contributory benefits. You cannot be fully paid for any two of the below benefits at the same time.

Contributory benefits:

• State Retirement Pension

• Contribution based Jobseeker's Allowance

• Contribution based Employment and Support Allowance

• Incapacity Benefit

• Maternity Allowance

• Bereavement Allowance

• Widowed Mother's/Parent's Allowance

• Widow's Pension

Non-contributory benefits:

• Carer's Allowance

• Severe Disablement Allowance

If you can’t be paid Carer’s Allowance because of this rule, you have an ‘underlying entitlement’ to Carer’s Allowance instead.
 
This might mean you could get:

•  the carer premiums in Income-based Jobseeker’s Allowance, Income Support, Income-related Employment and Support Allowance or Housing Benefit

• the extra amount for carers in Pension Credit

• the carer element in Universal Credit