Supplementary Benefit (Aggregation) Regulations 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/1524 |
| Year | 1981 |
1981 No. 1524
SOCIAL SECURITY
The Supplementary Benefit (Aggregation) Regulations 198121stOctober 1981
2ndNovember 1981
23rdNovember 1981
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation
2. Circumstances in which married couples are treated as being, or not being, members of the same household
3. Circumstances in which a person is to be treated as being responsible for another person
4. Dependants who are not to be treated as members of the household
5. Dependants who are to be treated as members of the household
6. Prescribed circumstances in which requirements and resources are to be aggregated
7. Circumstances in which two persons are not to be treated as an unmarried couple
8. Polygamous relationships
9. Revocations
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 32A(a) and (b) and 34(1) and (3) of and paragraph 3(2)(b) of Schedule 1 to the Supplementary Benefits Act 1976(a) and of all other powers enabling him in that behalf, and for the purpose only of consolidating regulations hereby revoked, hereby makes the following regulations which are not subject to the requirement for prior Parliamentary approval (b):—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Supplementary Benefit (Aggregation) Regulations 1981 and shall come into operation on 23rd November 1981.
(a) 1976 c.71; the Act (other than sections 31, 32, 35 and 36 and Schedules 4 and 6 to 8) as amended is set out in Part II of Schedule 2 to the Social Security Act 1980 (c.30).
(b) See section 33(3)(b) of the Supplementary Benefits Act 1976.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Supplementary Benefits Act 1976;
"allowance" means a supplementary allowance under section 1(1)(b) of the Act;
"Child Benefit Act" means the Child Benefit Act 1975(a);
"claimant" means a claimant for supplementary benefit;
"Conditions of Entitlement Regulations" means the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 (b);
"patient" means a person (other than a prisoner) who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
"pension" means a supplementary pension under section 1(1)(a) of the Act;
"prisoner" means any person whose detention in a prison, remand centre, borstal institution or detention centre is for the time being authorised by law;
"pupil" means a person who is excluded from entitlement to supplementary benefit by section 6(2) of the Act (persons other than those in prescribed circumstances aged 16 or more but less than 19 and receiving relevant education);
"relevant education" has the meaning assigned to it in section 6(3) of the Act;
"week" means any period of 7 consecutive days.
(3) Except in so far as the context otherwise requires any reference in these regulations to a numbered regulation is to the regulation in these regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Circumstances in which married couples are to be treated as being, or not being, members of the same household
2.—(1) This regulation shall apply for the purposes of paragraph 3(1) of Schedule 1 to the Act (aggregation of requirements and resources of couples).
(2) Subject to paragraph (3), two persons who are married to each other shall not be treated as having ceased to be members of the same household by reason of any temporary absence the one from the other.
(3) Where two persons are married to each other and, before the occurrence of the circumstances to which this paragraph applies, were members of the same household, and one of them—
(a) is living away from his partner in residential accommodation, including accommodation provided pursuant to Part III of the National Assistance Act 1948(c) (provision of accommodation by local authorities), he shall continue to be treated as a member of the same household as his partner unless—
(i) his partner is not entitled to a pension or allowance but the couple have insufficient resources to pay the appropriate charges prescribed pursuant to section 22 of that Act, or
(ii) in the opinion of a benefit officer, his stay in that accommodation has become other than temporary;
(a) 1975 c.61.
(b) S.I. 1981/1526.
(c) 1948 c.29.
(b) is a patient, he shall continue to be treated as a member of the same household as his partner unless either—
(i) he has been a patient for a continuous period of more than 2 years, or
(ii) in the opinion of a benefit officer, his stay in that hospital or similar institution...
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