Supplementary Benefit (Miscellaneous Amendments) Regulations 1980

JurisdictionUK Non-devolved
CitationSI 1980/1649

1980 No. 1649

SOCIAL SECURITY

The Supplementary Benefit (Miscellaneous Amendments) Regulations 1980

31stOctober 1980

3rdNovember 1980

24thNovember 1980

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 3(1) and (2), 14(2)(i) and 20(4) of the Supplementary Benefits Act 1976(a) and section 8(1) of the Social Security Act 1980 and of all other powers enabling him in that behalf, hereby makes the following regulations:—

Citation and commencement

1. These regulations, which may be cited as the Supplementary Benefit (Miscellaneous Amendments) Regulations 1980, shall come into operation on 24th November 1980.

Amendment of the Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980

2.—(1) This regulation shall amend the Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980(b).

(2) In regulation 1(2) (interpretation), in the definition of "mortgage payment" for the references to "regulation 15" and "regulation 17" there shall be substituted references to "regulation 16" and "regulation 18" respectively.

(3) In regulation 3 (regular payments to third parties for housing and fuel requirements)—

(a) in paragraph (1)—

(i) for the words from the beginning to "item of expenditure" there shall be substituted the words "Where a claimant has been awarded a pension or allowance, and either he or his partner is in debt, other than in circumstances to which paragraph (6) applies, for any item of expenditure",

(ii) heads (i) and (ii) shall be designated as sub-paragraphs "(a)" and "(b)" respectively;

(b) in paragraph (3)(a) (amounts deductible in respect of housing and fuel items), for the words "paragraph (1)(b) applies" there shall be

(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. 1980/983.

substituted the words "paragraph (1)(a) or (b) applies or where the debt owed is in respect of an account which includes more than one housing item,";

(c) in paragraph (4) (variations of amounts deductible)—

(i) in sub-paragraph (b) (disregarded resources), for the reference to "paragraph (1)(b)(ii)" there shall be substituted a reference to "paragraph (1)(b)", and for the words beginning "by an amount" to the end there shall be substituted the words "by not more than half the amount of the reduction; and any increase under this paragraph shall have priority over any increase which would, but for this paragraph, be made under regulation 26(2)(b) of the Supplementary Benefit (Urgent Cases) Regulations 1980(a) (recovery of payments made in urgent cases)",

(ii) in sub-paragraph (c)(i) (minimum amount to be left in payment), for the words beginning "Social Security" to "such a benefit" there shall be substituted the words "Social Security Act 1975(b) together with which, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, pension or allowance is paid",

(iii) in sub-paragraph (e) (maximum amounts deductible), for the word "payment" the third time it occurs there shall be substituted the word "deduction", and after the reference to "paragraph (3)(a)," there shall be added at the end the words "but, in a case to which paragraph (2) of regulation 7 of the Supplementary Benefit (Duplication and Overpayment) Regulations 1980(c) (higher maximum deductible in certain cases) applies, a further sum, not exceeding the difference between the maximum amount specified in that paragraph and the maximum which would otherwise apply under this sub-paragraph, may be deducted in respect of the payment to be recovered,";

(d) in paragraph (6)(b) (debts for fuel items to which the regulation does not apply), for the reference to "paragraph (4)" there shall be substituted a reference to...

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