Supplementary Benefit (Conditions of Entitlement) Regulations 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/1526 |
1981 No. 1526
SOCIAL SECURITY
The Supplementary Benefit (Conditions of Entitlement) Regulations 198123rdOctober 1981
2ndNovember 1981
23rdNovember 1981
ARRANGEMENT OF REGULATIONS
1. Citation and commencement
2. Interpretation
3. Persons abroad whose entitlement is to continue
4. Meaning of employment for the purposes of section 5
5. Manner of registration
6. Persons not subject to condition of registration and availability for employment
7. Circumstances in which persons are to be treated as available for employment
8. Circumstances in which persons are not to be treated as available for employment
9. Circumstances in which persons are to be treated as in remunerative full-time work
10. Circumstances in which persons are to be treated as receiving relevant education
11. Circumstances in which persons receiving relevant education are to be entitled to supplementary benefit
12. Directions to attend courses of instruction or training
13. Revocations
SCHEDULES
SCHEDULE 1. Direction pursuant to section 10
SCHEDULE 2. Revocations
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 1 (1A), 5, 6 and 10 of the Supplementary Benefits Act 1976(a) and all other powers enabling him in that behalf, and for the purpose only of consolidating regulations hereby revoked, hereby makes the following regulations:—
(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).
Citation and commencement
1. These regulations may be cited as the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 and shall come into operation on 23rd November 1981.
Interpretation
2.—(1) 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;
"assessment unit" means the claimant and any partner and dependant of the claimant;
"benefit week" has the meaning assigned to it in regulation 7 of the Determination of Questions Regulations (date of commencement, change and termination of entitlement to pensions or allowances);
"claimant" means a claimant for supplementary benefit;
"close relative" means a spouse, partner, parent, child, step-parent, step-child, brother or sister;
"dependant" means a person whose requirements and resources are, by virtue of paragraph 3(2) of Schedule 1 to the Act, aggregated with and treated as those of the claimant;
"Determination of Questions Regulations" means the Supplementary Benefit (Determination of Questions) Regulations 1980(a);
"local education authority" means, in relation to Scotland, an education authority as defined in section 135(1) of the Education (Scotland) Act 1980(b);
"partner" means one of a married or unmarried couple;
"pension" means a supplementary pension under section 1(1)(a) of the Act;
"person affected by a trade dispute" means a person whose requirements fall to be disregarded to any extent by virtue of section 8 of the Act;
"Requirements Regulations" means the Supplementary Benefit (Requirements) Regulation 1980(c);
"Resources Regulations" means the Supplementary Benefit (Resources) Regulations 1981(d);
"self-employed person" means a person engaged in any work otherwise than under a contract of service;
"the Social Security Act" means the Social Security Act 1975(e);
"student" means a person under pensionable age who has ceased relevant education and is attending a course of full-time education, but he shall not be deemed to be a student during periods when he is not attending his course and is not engaged in a programme of studies;
"training allowance" means an allowance (whether by way of periodical grants or otherwise) payable out of public funds by a Government department or by or on behalf of the Manpower Services Commission to a person for his maintenance, or in respect of any dependant of his, for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved
(a) S.I. 1980/1643.
(b) 1980 c. 44.
(c) S.I. 1980/1299.
(d) S.I. 1981/1527.
(e) 1975 c. 14.
by that department in relation to him or so provided or approved by or on behalf of the said Commission; but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education or is training as a teacher.
(2) Except in so far as the context otherwise requires any reference in these regulations to—
(a) a numbered section is to the section of the Act bearing that number;
(b) a numbered regulation is to the regulation in these regulations bearing that number and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Persons abroad whose entitlement is to continue
3.—(1) Where a claimant for a pension, or a claimant for an allowance who satisfies the condition in paragraph (2), is temporarily absent from Great Britain and—
(a) in the period immediately preceding the commencement of that absence was entitled to a pension or, as the case may be, allowance; and
(b) would, but for his absence, be entitled to such pension or allowance, his entitlement to that pension or allowance shall continue during his absence from Great Britain for a period not exceeding the end of the fourth benefit week which falls during that absence.
(2) The condition mentioned in paragraph (1) is that in the period mentioned in paragraph (1)(a) he was not required to register and be available for employment either—
(a) by virtue of regulation 6(c) (incapacity for work) and the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of one of the conditions in heads (i) and (ii) below, paragraph (1) should apply, and either—
(i) the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain, or
(ii) on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work or incapable of working within the meaning of regulation 6(c) and continues to be so incapable on each day of his absence to which paragraph (1) applies; or
(b) by virtue of any other paragraph of regulation 6 except paragraph (r), (s) or (t) and that paragraph continues to apply to him on each day of his absence to which paragraph (1) applies.
Meaning of employment for the purposes of section 5
4. For the purposes of section 5 (requirement to register and be available for employment) "employment" means work in employed earner's employment within the meaning of the Social Security Act—
(a) which the claimant can reasonably be expected to do;
(b) for which payment is made; and
(c) for which he would normally be engaged for not less than 30 hours a week or, if he is mentally or physically disabled, such lesser number of hours as, having regard to his disability, he is usually capable of working.
Manner of registration
5. A claimant required to register for employment pursuant to section 5 shall, except where the Secretary of State decides otherwise, be so registered by registering with the Manpower Services Commission or a local education authority.
Persons not subject to condition of registration and availability for employment
6. A claimant shall not be required to register and to be available for employment under section 5 in any week in which one or more of the following paragraphs apply and regulation 8 does not apply to him:—
(a) he is not a partner and either—
(i) he has a dependant living with him who is a child, or
(ii) a child is boarded out with him by a local authority or voluntary organisation within the meaning of the Child Care Act 1980(a) and has been so boarded out with him for at least 6 months before the week in which the claimant would, but for this paragraph, have been required to register and be available for employment;
(b) he is regularly and substantially engaged in caring for a severely disabled person and—
(i) either attendance allowance under the Social Security Act is payable in respect of that person or paragraph 9 of Schedule 3 to the Requirements Regulations (attendance needs) applies in respect of that person or would apply to him if he made a claim for pension or allowance, and
(ii) there is no alternative means by which that person could be cared for,
except that, if in any case to which head (i) applies an...
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