Supplementary Benefit (Aggregation, Requirements and Resources) Amendment Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1774 |
| Year | 1980 |
1980 No. 1774
SOCIAL SECURITY
The Supplementary Benefit (Aggregation, Requirements and Resources) Amendment Regulations 198020thNovember 1980
24thNovember 1980
Whereas a draft of the following regulations was laid before Parliament and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Services, with the consent of the Treasury, in exercise of the powers conferred upon him by sections 2(2), 32A(a) and (b) and 34(3)(b) of, and paragraphs 1(2) and 2(1), (3), (4) and (5) 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:—
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These regulations, which may be cited as the Supplementary Benefit (Aggregation, Requirements and Resources) Amendment Regulations 1980, shall come into operation on 24th November 1980.
(2) In these regulations—
"Aggregation Regulations" means the Supplementary Benefit (Aggregation) Regulations 1980(b);
"Requirements Regulations" means the Supplementary Benefit (Requirements) Regulations 1980(c);
"Resources Regulations" means the Supplementary Benefit (Resources) Regulations 1980(d).
(a) 1976 c. 71; the Act as amended (other than sections 31, 32, 35 and 36 and Schedules 4 and 6 to 8) is set out in Part II of Schedule 2 to the Social Security Act 1980 (c. 30).
(b) S.I. 1980/982.
(c) S.I. 1980/1299.
(d) S.I. 1980/1300.
PART II
AMENDMENT OF THE AGGREGATION REGULATIONS
Amendment of the Aggregation Regulations
2.—(1) This regulation shall amend the Aggregation Regulations.
(2) In regulation 3(5) (person aged 19 receiving relevant education for whom claimant is to be treated as responsible) there shall be added at the end, after sub-paragraph (d), the words "except that this paragraph shall not apply to a person in circumstances to which regulation 12 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1980(a) (circumstances in which persons receiving relevant education are to be entitled to supplementary benefit) applies".
(3) After regulation 6 there shall be added the following regulation:—
"Polygamous relationships
7.—(1) Where between members of the same household there is a polygamous relationship—
(a) 2 of the members of that relationship shall be treated as a married or, as the case may be, unmarried couple within the meaning of those definitions in section 34(1) of the Act; and
(b) the requirements and resources of all the members, and of any person who would be a dependant of any member if that member were a claimant, shall be aggregated with and treated as those of such member of that couple as may be appropriate in the circumstances.
(2) A person shall be treated as a member of a polygamous relationship where, but for the fact that the relationship includes more than 2 persons, he would be one of a married or unmarried couple".
PART III
AMENDMENT OF THE REQUIREMENTS REGULATIONS
3. The Requirements Regulations shall be amended in accordance with the Schedule to these regulations.
PART IV
AMENDMENT OF THE RESOURCES REGULATIONS
Amendment of regulation 2 of the Resources Regulations
4. In regulation 2 (interpretation)—
(a) in paragraph (1), in the definition of "liable relative"—
(i) for the words from "a spouse" to "parent" there shall be substituted the words "a spouse or former spouse, or a parent of a dependant",
(ii) for the words beginning "is making" to the end there shall be substituted the words "by reason of payments which he is making to or in respect of that child may reasonably be treated as such a father";
(a) S.I. 1980/1586.
(b) after paragraph (2) there shall be added the following paragraph:—
"(3) These regulations shall be subject to section 6 of the Social Security (No. 2) Act 1980(a) (supplementary benefit in cases affected by trade disputes).".
Amendment of regulation 3 of the Resources Regulations
5. In regulation 3 of the Resources Regulations (calculation of resources), after paragraph (2) there shall be added the following paragraph:—
"(3) Where a resource which falls to be taken into account in accordance with these regulations would otherwise include a fraction of a penny that fraction shall be disregarded.".
Amendment of regulation 4 of the Resources Regulations
6.—(1) This regulation shall amend regulation 4 of the Resources Regulations (notional resources).
(2) In paragraph (4) (unpaid services), for the words beginning "an unpaid service" to "comparable employment" there shall be substituted the words "for another person a service for which that person makes either no payment or a payment less than that paid for comparable employment, an amount of earnings calculated by reference to such employment".
(3) In paragraph (6) (payment to or in respect of third party), after sub-paragraph (b) there shall be added at the end the words "unless, having regard to the purpose of the payment, the terms under which it is made and its amount, it is unreasonable to do so".
(4) In paragraph (10) (high irregular earners), for sub-paragraph (b) to the end of the paragraph there shall be substituted the following:—
"(b) the aggregate gross earnings payable to him in respect of the 13 weeks immediately preceding the claim exceed the product of—
(i) the figure derived by multiplying by 10 the weekly amount of normal requirements applicable at the date of the claim to a person to whom paragraph 4 of the table in paragraph 2 of Schedule 1 to the Act (ordinary rate for householders) applies, and
(ii) the number of weeks, if any, during those 13 weeks in respect of which he was not in receipt of supplementary pension or allowance,
he shall be treated as having earnings at the rate of the figure derived in accordance with head (i) for the number of weeks, beginning with the date of the claim, equal to the result (any fraction being disregarded) of dividing that excess by that figure.".
Amendment of regulation 6 of the Resources Regulations
7. In regulation 6 of the Resources Regulations (capital resources to be disregarded)—
(a) in paragraph (1)(a)(ii), for the words "purchased" and "purchase" there shall be substituted the words "acquired" and "acquisition" respectively;
(b) for paragraph (1)(d) there shall be substituted "(d) any savings of mobility allowance paid under the Social Security Act which the recipient intends to use in connexion with mobility, or, for a period not
(a) 1980 c. 39.
exceeding 12 months from the date of receipt, any arrears of attendance or mobility allowance paid under that Act or of supplementary benefit;".
Amendment of regulation 9 of the Resources Regulations
8. In regulation 9 of the Resources Regulations (calculation of income resources), in paragraph (2) (period to which income attributable)—
(a) in sub-paragraph (c), for the words beginning "or the first day" to the end there shall be substituted the words "or the earliest succeeding benefit week in which, having regard to the method by which supplementary benefit is payable in a particular case, it would be practicable to take it into account";
(b) in sub-paragraph (d), for the word "received" wherever it occurs there shall be substituted the word "payable".
Amendment of regulation 11 of the Resources Regulations
9.—(1) This regulation shall amend regulation 11 of the Resources Regulations (calculation of other income).
(2) In paragraph (2) (other income to be taken into account in full), in sub-paragraph (a), for the words beginning "any benefit" to "1975" there shall be substituted the words "any payment made by virtue of any scheme made under the Industrial Injuries and Diseases (Old Cases) Act 1975(a) and any benefit under the Social Security Act(b)".
(3) In paragraph (3) (payments by liable relatives)—
(a) after the words "and in the case of any lump sum payment shall" there shall be inserted the words "subject to paragraphs (3A) and (3B)";
(b) the proviso shall be omitted.
(4) After paragraph (3) there shall be added the following paragraphs:—
"(3A) Paragraph (3) shall not apply to a lump sum in any case in which the liable relative is making to or in respect of the member of the assessment unit to or in respect of whom it is paid periodical payments at a rate of an amount equal to or exceeding that specified in paragraph (3)(a), but excluding for this purpose the sum of £2.00 there mentioned, or...
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