Supplementary Benefit (Aggregation) Regulations 1980
| Jurisdiction | UK Non-devolved |
1980 No. 982
SOCIAL SECURITY
The Supplementary Benefit (Aggregation) Regulations 198014thJuly 1980
17thJuly 1980
24thNovember 1980
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 2(2) and 34(1) and (3) of and paragraph 3(2) of Schedule 1 to the Supplementary Benefits Act 1976(a) and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Supplementary Benefit (Aggregation) Regulations 1980 and shall come into operation on 24th November 1980.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Supplementary Benefits Act 1976;
"claimant" means a claimant for supplementary benefit;
"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;
"prisoner" means a person who is in prison or otherwise detained in legal custody, including any period during which he is a patient in any hospital or similar institution while still liable to be so imprisoned or detained or during which he was liable to be detained in such institution by virtue of any provision of the Mental Health Act 1959(b) or the Mental Health (Scotland) Act 1960(c);
"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;
"the Schedule" means Schedule 1 to the Act;
(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) 1959 c. 72.
(c) 1960 c. 61.
"week" means any period of 7 consecutive days.
(3) Except in so far as the context otherwise requires 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 the Schedule (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(a) (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 supplementary 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...
To continue reading
Request your trial