Supplementary Benefit (Appeal Tribunal) Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/680 |
| Year | 1971 |
1971 No. 680
SOCIAL SECURITY
The Supplementary Benefit (Appeal Tribunal) Rules 197121stApril 1971
30thApril 1971
1stJuly 1971
The Secretary of State for Social Services, in exercise of his powers under paragraph 6 of Schedule 3 to the Ministry of Social Security Act 1966(a), and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following rules :—
Citation, commencement and interpretation
1.—(1) These rules may be cited as the Supplementary Benefit (Appeal Tribunal) Rules 1971 and shall come into operation on 1st July 1971.
(2) In these rules, unless the context otherwise requires—
"the Act" means the Ministry of Social Security Act 1966(a);
"the Assistance Act" means the National Assistance Act 1948(b);
"Appeal Tribunal" means an Appeal Tribunal constituted in accordance with the provisions of Schedule 3 to the Act;
"the appellant" means a person or local authority who has brought an appeal under the Act, or under any other enactment, excepting the Family Income Supplements Act 1970(c), conferring powers on Appeal Tribunals;
"the chairman" means the chairman or acting chairman of the Appeal Tribunal;
"the clerk" means the clerk to the Appeal Tribunal or his deputy;
"the Commission" means the Supplementary Benefits Commission;
"interested persons" means the appellant or the person concerned and the Commission, or in the case of a reference under section 26 of the Act or in connection with proceedings taken by the Secretary of State under paragraph 7 of Schedule 7 to the Act, the Secretary of State, or in the case of a reference under paragraph 3 of Schedule 4 to the Act, the local authority, and references to an interested person shall be construed accordingly;
"the person concerned" means, as the case may require—
(a) a person in respect of whom a report has been made by the Commission to an Appeal Tribunal under section 12 of the Act;
(a) 1966 c. 20.
(b) 1948 c. 29.
(c) 1970 c. 55.
(b) a person in respect of whom a direction of the Commission or a local authority has been referred to an Appeal Tribunal under paragraph 3 of Schedule 4 to the Act ; or
(c) where any question has arisen as to whether any or what amount paid by way of benefit, or assistance under the Assistance Act, is recoverable by the Secretary of State from any person under section 26 of the Act, or by virtue of proceedings taken by the Secretary of State under paragraph 7 of Schedule 7 to the Act, respectively, that person;
and other expressions have the same meanings as in the Act.
(3) References in these rules to any enactment, rule or regulation shall, except in so far as the context otherwise requires, include references to such enactment, rule or regulation, as amended or extended by or under any subsequent enactment, rule, order or regulation and as including references to any enactment, rule or regulation thereby consolidated.
(4) Any notice or other document required or authorised to be given or sent to any person under the provisions of these rules shall be deemed to have been given or sent if it was sent by post to that person at his ordinary or last known address.
(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply in relation to these rules (including any rules read as one therewith) as they apply for the purposes of the interpretation of an Act of Parliament.
Tenure of office of members of Appeal Tribunals
2. The chairman and the other members of an Appeal Tribunal shall hold office in accordance with the terms of their respective letters of appointment.
Revocation, transitional provisions and extent
3.—(1) The Supplementary Benefit (Appeal Tribunals) Rules 1966(b) are hereby revoked.
(2) Anything whatsoever done under or by virtue of any rules revoked by these rules shall be deemed to have been done under or by virtue of the corresponding provisions of these rules, and...
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