Regulation 4 of the SS(Overlapping Benefits)Regulations 1979 states that additional pension or graduated retirement benefit aren't counted except as provided by paragraph (4).

Paragraph 4 defines when additional pension and graduated retirement benefit are treated as part of the personal benefit with which it so payable. This applies "in a case where the person entitled to receive the benefits is over pensionable age and one or more of the benefits includes either additional pension or graduated retirement benefit while another of the benefits is payable at the rate referred to in (section etc)

Therefore the reg seems to say that where a pensioner claims Carers Allowance any additional pension/graduated retirement benefit IS counted with their basic pension when doing the overlapping adjustment. This flatly contradicts the Disability Rights Handbook (page 143). Or does it?

"Section etc" refers to sections 31(6) or section 33(4)of the SSCBA 1992 which refer to sickness benefit and invalidity benefit.

The effect of regulation 4 is that when additional or graduated pension is payable with these benefits and the claimant is over pension age then the overlap will include any additional or graduated pension.

Therefore the DRH is not wrong.

Thats why in double SDP/double CP cases You should always get a breakdown of the state pension to be able to compare like with like.

Thanks for clearing that up.