Family Income Supplements (General) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1437 |
1980 No. 1437
SOCIAL SECURITY
The Family Income Supplements (General) Regulations 198026thSeptember 1980
7thOctober 1980
24thNovember 1980
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation, commencement, interpretation and revocations.
2. Computation of normal gross income of members of a family.
3. Circumstances in which benefit may be made payable otherwise than for fifty-two weeks beginning with the date of the claim therefor and in which the rate of benefit payable may be increased.
4. Circumstances in which payment of supplementary benefit is to make benefit under the Act not payable for a family or not receivable by a person.
5. Circumstances in which a person is to be treated as being or as not being engaged and normally engaged in remunerative full-time work.
6. Circumstances in which a person is to be treated as not providing in whole or in part for the requirements of a child.
7. Claims for a child who could be included in more than one family for the purposes of the Act.
8. Circumstances in which a family is to be treated as being or as not being in Great Britain.
9. Circumstances in which a person of or over the age of sixteen is to be treated as a child.
10. Recovery of overpayments of benefit.
11. Determination of claims and questions.
12. Review of determinations.
13. Notifying persons of determinations.
SCHEDULE—Revocations.
The Secretary of State for Social Services, in exercise of powers conferred upon him by sections 4(1), 4(2), 5(2), 6(2), 6(3), 8(2), 8(3) and 10(2) of the Family Income Supplements Act 1970(a), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Citation, commencement, interpretation and revocations
1.—(1) These regulations may be cited as the Family Income Supplements (General) Regulations 1980, and shall come into operation on 24th November 1980.
(a) 1970 c. 55; as substituted in the case of the said sections 6(2) and 6(3) by the Pensioners and Family Income Supplement Payments Act 1972 (c. 75), section 3.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Family Income Supplements Act 1970;
"advanced education" means full-time education for the purposes of—
(a) a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or
(b) any other course which is certified by the Secretary of State as being a course of a standard above ordinary national diploma, general certificate of education (advanced level) or Scottish certificate of education (higher grade);
"Appeal Tribunal" has the same meaning as in section 7(3) of the Act;
"attendance allowance" means—
(a) an attendance allowance under section 35 of the Social Security Act 1975(a);
(b) an increase of disablement pension under section 61 or 63 of that Act (increases in respect of the need for constant attendance);
(c) a payment under regulations made in exercise of the power in section 159(3)(b) of that Act (constant attendance allowance and an increase for exceptionally severe disablement for certain 1948 cases);
(d) an increase of allowance under article 8 of the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966(b) (constant attendance allowance for certain persons to whom that Scheme applies) or under the corresponding provision of any Scheme which may replace the said Scheme of 1966;
(e) an allowance in respect of constant attendance on account of disablement for which a person is in receipt of a war disablement pension, including an allowance in respect of exceptionally severe disablement;
"benefit" means a family income supplement under the Act;
"beneficiary" means a person by whom benefit is or was receivable and any person authorised or appointed to act for such a person;
"claim" means a claim for benefit;
"determining authority" means, as the case may require, the supplement officer or the Appeal Tribunal as defined in section 7(3) of the Act or the Social Security Commissioners;
"education authority" in England and Wales shall have the same meaning as 'local education authority' in section 114(1) of the Education Act 1944(c) and in Scotland shall have the same meaning as the words 'education authority' in section 145(16) of the Education (Scotland) Act 1962(d);
"educational maintenance allowance" means the gross amount of any allowance or bursary paid by an education authority for the maintenance (in whole or in part) of a child aged not less than sixteen years undergoing a course of education other than a course of advanced education, and, in
(a) 1975 c. 14.
(b) S.I. 1966/164.
(c) 1944 c. 31, as amended by S.I. 1974/595, 1977/293.
(d) 1962 c. 47; section 145(16) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 129 and Schedule 11 paragraph 12.
Scotland, shall include any higher school bursary paid by an education authority to such a child;
"recognised educational establishment" means an establishment recognised by the Secretary of State as being, or as comparable to, a university, college or school;
"Social Security Commissioners" shall have the same meaning as in section 12 of the Social Security Act 1980(a);
"supplement officer" shall have the same meaning as in section 17(1) of the Act(b);
"war disablement pension" means—
(a) a pension or other benefit administered by the Secretary of State for Social Services and awarded in respect of disablement—
(i) due to service in the armed forces of the Crown; or, as the case may be,
(ii) under the Personal Injuries (Emergency Provisions) Act 1939(c), the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(d) or the Polish Resettlement Act 1947(e);
(b) any retired pay or pension to which section 365(1) of the Income and Corporation Taxes Act 1970(f) applies, not being retired pay, pension or allowance to which (a) of this definition applies; or
(c) any payment which the Secretary of State accepts as being analogous to any such retired pay, pension or allowance as is referred to in (a) or (b) of this definition.
(3) Unless the context otherwise requires, any reference in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
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