Supplementary Benefit (Determination of Questions) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1643 |
| Year | 1980 |
1980 No. 1643
SOCIAL SECURITY
The Supplementary Benefit (Determination of Questions) Regulations 198030thOctober 1980
3rdNovember 1980
24thNovember 1980
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation
2. Determination of questions by benefit officers
3. Notice of determinations and assessments by benefit officers
4. Review of determinations
5. Reference of questions
6. Duration of awards of pensions and allowances
7. Date of assessment, change and termination of entitlement to pensions and allowances
8. Suspension of payment
9. Revocations
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 2(1) and (1A) and 14(1) and (2)(d), (ee) and (f) of the Supplementary Benefits Act 1976(a) and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in so far as is required by section 10 of the Tribunals and Inquiries Act 1971(b), here by makes the following regulations—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Supplementary Benefit (Determination of Questions) 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;
"allowance" means a supplementary allowance under section 1(1)(b) of the Act;
"claimant" means a claimant for supplementary benefit;
(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) 1971 c. 62.
"order book" means a book containing a series of orders for the payment of a pension or allowance;
"pension" means a supplementary pension under section 1(1)(a) of the Act;
"Requirements Regulations" means the Supplementary Benefit (Requirements) Regulations 1980(a);
"Resources Regulations" means the Supplementary Benefit (Resources) Regulations 1980(b);
"the Social Security Act" means the Social Security Act 1975(c).
(3) 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 bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
(4) Any notice or other document required or authorised to be given or sent to any person under the provisions of these regulations shall be deemed to have been given or sent if it was sent by post to that person at his last known address.
Determination of questions by benefit officers
2.—(1) Any question relating to supplementary benefit which arises under the Act and is not to be determined by the Secretary of State shall be referred forthwith to a benefit officer for determination.
(2) Different aspects of the same question may be dealt with by different benefit officers.
(3) Any question which is referred under paragraph (1) shall be taken into consideration and, so far as practicable, and subject to regulation 5 (reference of questions) and to compliance by the claimant with regulations 4 and 8 of the Supplementary Benefit (Claims and Payments) Regulations 1980(d) (information to be given in connexion with claims and payments), shall be determined within 14 days.
Notice of determinations and assessments by benefit officers
3.—(1) Subject to paragraphs (2) and (3), the Secretary of State shall give or send to the claimant written notice of any determination made by a benefit officer on a claim for supplementary benefit or on review (including refusal to review) under regulation 4.
(2) Where, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, a pension or allowance is payable together with a benefit under the Social Security Act(e), notice of the aggregate amount so payable shall be notice for the purpose of paragraph (1).
(3) Written notice shall not be required of any determination—
(a) awarding benefit which is implemented by a cash payment; or
(a) S.I. 1980/1299.
(b) S.I. 1980/1300.
(c) 1975 c. 14.
(d) S.I. 1980/1579.
(e) See also section 66(2) of the Social Security Pensions Act 1975 (c. 60).
(b) terminating entitlement to a pension or allowance provided it is reasonable in the circumstances not to give written notice (for example where the reason for the termination is known to the claimant).
(4) So far as may be practicable, and subject to paragraph (5) where a determination to which paragraph (1) or (2) applies relates to a pension or allowance the Secretary of State shall also give or send to the claimant a written notice of assessment showing the total amounts, as determined by the benefit officer, of the normal, additional and housing requirements respectively and of the income resources taken into account.
(5) Paragraph (4) shall not apply to any determination—
(a) under the Supplementary Benefit (Urgent Cases) Regulations 1980(a) or Part II of the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980(b) (urgent cases);
(b) that a pension or allowance is not payable either by reason of regulation 7 of the Resources Regulations (maximum capital resources for entitlement to benefit) or for any other reason other than that the claimant's resources are sufficient to meet his requirements; or
(c) made on review under regulation 4, either under paragraph (5) of that regulation or where in other cases under that regulation (for example where housing requirements are increased to take account of a rent increase) the Secretary of State considers a written notice of assessment unnecessary.
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