Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/983 |
| Year | 1980 |
1980 No. 983
SOCIAL SECURITY
The Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 198014thJuly 1980
17thJuly 1980
24thNovember 1980
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation
2. Circumstances in which payment of benefit is postponed
3. Regular payments to third parties for housing and fuel requirements
4. Regular payments to landlords on behalf of boarders
5. Payments to local authorities in respect of residential accommodation
6. Payment of certain accommodation charges
7. Payment of supplementary benefit to third parties
8. Payments to be made when entitlement to supplementary benefit ends
9. Payment of single payments to third parties
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 14(1) and (2)(h) and (i) of 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 (Deductions and Payments to Third Parties) 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(a);
"allowance" means a supplementary allowance under section 1(1)(b) of the Act;
"assessment unit" means the claimant and any partner or dependant of the claimant;
(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).
"claimant" means a claimant for supplementary benefit;
"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;
"mortgage payment" means a payment attributable to interest on a mortgage to which regulation 15 of the Requirements Regulations (mortgage payments) applies; and for the purposes of these regulations includes interest payable on loans to which regulation 17 of those regulations (interest on loans for repairs and improvements) applies;
"partner" means one of a married or unmarried couple;
"pension" means a supplementary pension under section 1(1)(a) of the Act;
"rent" has the meaning assigned to it in the Requirements Regulations and, for the purposes of these regulations, where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements;
"Requirements Regulations" means the Supplementary Benefit (Requirements) Regulations 1980;
"Resources Regulations" means the Supplementary Benefit (Resources) Regulations 1980;
"single householder rate" means the weekly amount for the time being applicable for the normal requirements of a person to whom paragraph 4 of the table in paragraph 2 of Schedule 1 to the Act (certain householders under pensionable age) applies.
(3) Except in so far as the context otherwise requires any reference in these regulations to a numbered regulation is to the regulation 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.
(4) In their application to Scotland these regulations shall have effect where appropriate with the substitution of a reference to heritable security for a reference to mortgage wherever the latter occurs.
Circumstances in which payment of benefit is postponed
2.—(1) Where a claimant—
(a) has been awarded pension or allowance; and
(b) in the opinion of a benefit officer, has failed to budget for items to which the category of normal requirements relates but for which the need arises at irregular or extended intervals,
the benefit officer may determine that payment of so much of that pension or allowance as he considers appropriate in the circumstances is withheld weekly for the duration of the award.
(2) Where—
(a) the benefit officer has made such a determination; and
(b) he is satisfied that the need for any item to which paragraph (1)(b) relates has arisen,
he shall direct that the amount which has been withheld in accordance with that determination, or so much of it as he considers appropriate in the circumstances, is paid to the claimant.
Regular payments to third parties...
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