Supplementary Benefit (Miscellaneous Amendments) Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1259 |
1986 No. 1259
SOCIAL SECURITY
The Supplementary Benefit (Miscellaneous Amendments) Regulations 198618thJuly 1986
21stJuly 1986
11thAugust 1986
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 2(1) and (1A), 3, 4, 11, 14(1), (2)(a), (c) and (g), 33(5) and 34(1)(a) of the Supplementary Benefits Act 1976(b), section 166(2) and (3) of the Social Security Act 1975(c) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee(d), hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Supplementary Benefit (Miscellaneous Amendments) Regulations 1986 and shall come into operation on 11th August 1986.
(2) In these regulations—
"the Single Payments Regulations" means the Supplementary Benefit (Single Payments) Regulations 1981(e).
Amendment of regulation 2 of the Single Payments Regulations
2. In regulation 2(1) of the Single Payments Regulations (interpretation)—
(a) after the definition of "assessment unit" there shall be inserted the following definition—
" " chronically sick or mentally or physically disabled" means, in relation to a person to whom that expression refers, a person—
(i) in respect of whom invalidity benefit or severe disablement allowance under the Social Security Act or a payment specified
(a) See definitions of "prescribed" and "regulations".
(b) 1976 c.71, as amended by section 6(1) of, and Part I of Schedule 2 to, the Social Security Act 1980 (c.30).
(c) 1975 c.14; this section was applied by section 33(2) of the Supplementary Benefits Act 1976 (c.71).
(d) See sections 9 and 10 of the Social Security Act 1980 (c.30).
(e) S.I. 1981/1528; the relevant amending instruments are S.I. 1982/907, 914, 1127, 1983/1000, 1245, 1630, 1984/593, 938, 1103, 1985/1247.
in paragraph 7(a) of Schedule 4 to the Supplementary Benefit (Requirements) Regulations 1983(a) is payable, or in respect of whom an invalid carriage or other vehicle has been provided under section 5(2)(a) of the National Health Service Act 1977(b) or section 46(1) of the National Health Service (Scotland) Act 1978(c); or
(ii) who is so blind as to be unable to perform any work for which eyesight is essential and a person shall be treated as blind if he regained his eyesight within the previous six months at a time when a pension or allowance was payable in respect of him; or
(iii) who is suffering from a severe illness and has been so suffering for a continuous period of 28 weeks or more; or
(iv) who is substantially and permanently disabled;";
(b) after the definition of "prisoner" there shall be inserted the following definition—
""relevant enactment" means the Army Act 1955(d), the Air Force Act 1955(e), the Naval Discipline Act 1957(f), the Adoption Act 1958(g), the Matrimonial Proceedings Children Act 1958(h), the Children Act 1958(i), the Matrimonial Proceedings Magistrates' Courts Act 1960(j), the Social Work (Scotland) Act 1968(k), the Family Law Reform Act 1969(1), the Children and Young Persons' Act 1969(m), the Matrimonial Causes Act 1973(n), the Guardianship Act 1973(o), the Children Act 1975(p), the Domestic Proceedings and Magistrates' Courts Act 1978(q), the Child Care Act 1980(r) and the Foster Children Act 1980(s);";
(c) in the definition of "tenant" after the words "regulation 9" there shall be inserted the words "or 23".
Amendment of regulation 3 of the Single Payments Regulations
3. In regulation 3(2)(b) of the Single Payments Regulations (meaning of single payment and determination of amount payable)—
(a) in head (i) all the words from and including "Subject" to and including the words "equipment)," shall be deleted; and
(a) S.I. 1983/1399; the relevant amending instrument is S.I. 1984/1102.
(b) 1977 c.49.
(c) 1978 c.29.
(d) 1955 c. 18, as amended by the Armed Forces Act 1976 (c.52) and the Armed Forces Act 1981 (c.55).
(e) 1955 c.19, as amended by 1976 c.52 and 1981 c.55.
(f) 1957 c.53, as amended by 1976 c.52 and 1981 c.55.
(g) 1958 c.5 (7 and 8 Eliz. 2).
(h) 1958 c.40.
(i) 1958 c.65.
(j) 1960 c.48.
(k) 1968 c.49.
(l) 1969 c.46.
(m) 1969 c.54.
(n) 1973 c.18.
(o) 1973 c.29.
(p) 1975 c.72.
(q) 1978 c.22.
(r) 1980 c.5.
(s) 1980 c.6.
(b) at the end of head (iii) there shall be added the following— "
and
(iv) has not failed to exercise reasonable care to preserve or protect such an item.".
Amendment of regulation 7 of the Single Payments Regulations
4. In regulation 7 of the Single Payments Regulations (maternity needs)—
(a) in paragraph (1) for all the words after sub-paragraph (a) there shall be substituted the following—
"(b) has within 13 weeks of the claim either given birth to a child or adopted a child aged not more than one year at the date of claim;
a single payment to meet the immediate needs of the child shall be made for the purchase of any of the items mentioned in paragraph (2) such as are necessary to bring that item up to the quantity specified in relation thereto in column 2 of Schedule 1.".
(b) for paragraph (2) there shall be substituted the following paragraph—
"(2) The items in respect of which a single payment may be made under this regulation are—
(a) any item of clothing specified in column 1 of Schedule 1;
(b) napkins;
(c) feeding bottles and teats;
(d) a cot;
(e) a cot mattress;
(f) a pram or carry-cot;
(g) cot sheets and cot blankets;
(h) a baby bath.".
(c) for paragraphs (3) and (4) there shall be substituted the following paragraphs—
"(3) Subject to the following paragraphs, the amount payable by virtue of paragraph (1) of this regulation shall be the amount specified in relation to that item in column 3 of Schedule 1 multiplied by the number necessary to bring the assessment unit's stock of that item up to the quantity specified in column 2 of Schedule 1.
(4) Subject to paragraph (5), the amount of a single payment which would but for this paragraph be payable under this regulation shall be reduced by the sum of £25 in respect of each child to whom the claim relates or, in a case under paragraph (1)(a), in respect of each child which is expected.
(5) Where the claimant produces evidence that there is no entitlement to a maternity grant in respect of a child to whom the claim relates or, in a case under paragraph (1)(a), there is no entitlement to a maternity grant (both before and after confinement) in respect of each child which is expected—
(a) no reduction shall be made under paragraph (4); or
(b) if a reduction has been made, the amount so reduced or, where that reduction results in the amount payable being nil, then the amount which would but for that reduction have been payable, shall be paid."
Substitution of regulations 9 and 10 of the Single Payments Regulations
5. For regulations 9 (meaning of essential furniture and household equipment) and 10 (purchase, repair and installation of essential furniture and household equipment) of the Single Payments Regulations there shall be substituted the following regulations—
"Essential furniture and household equipment
9. In this Part of the regulations "essential furniture and household equipment" means the following items—
(a) sufficient single or, where appropriate, double bed bases and mattresses for the use of each member of the assessment unit;
(b) a waterproof protective sheet where it is required to preserve or protect a bed in use by a member of the assessment unit;
(c) a cooker;
(d) space heating appliances, but excluding items which are part of a central heating system within the meaning of paragraph 3 of Schedule 4 to the Supplementary Benefit (Requirements) Regulations 1983(a);
(e) fire-guards;
(f) a washing machine where the conditions of paragraph 18(a) of Schedule 4 to the Supplementary Benefit (Requirements) Regulations 1983 are satisfied but no additional requirement under that paragraph is appropriate because either—
(i) there is no laundry or launderette which the assessment unit can reasonably be expected to use, or
(ii) where there is such a laundry or launderette it cannot be used for the assessment unit's laundry because the claimant or his partner is mentally or physically ill or disabled or because there is no public transport to it;
(g) a vacuum cleaner where a member of the assessment unit is allergic to house dust;
(h) a refrigerator where a member of the assessment unit requires, for medical reasons, a diet for which it is necessary to keep special foodstuffs at refrigerated temperatures;
(i) a hot water cylinder jacket where the claimant or his partner is the tenant or owner of the accommodation;
(j) safety gates;
(k) a pushchair;
(l) a high chair.
(a) S.I. 1983/1399; the relevant amending instrument is S.I. 1985/1247.
Purchase, repair and installation of essential furniture and household equipment
10.—(1) Subject to the further conditions of paragraph (2) a single payment for the purchase, repair and installation of an item of essential furniture and household equipment which the assessment unit either does not possess or which it does possess, but which is defective or unsafe, shall be made where—
(a) the claimant or his partner has within the 28 days immediately preceding the date of claim become the tenant or owner of an unfurnished or partly furnished home, notwithstanding that he is not yet in actual occupation of that new home, and one or more of the following applies—
(i) immediately before he became such a tenant or owner he was either a prisoner or had been a patient for a continuous period of more than one year or was in the care of a local authority under the provisions of a relevant enactment; or
(ii) the move to the new home was undertaken as part of a planned programme of resettlement or rehabilitation provided by a statutory authority or voluntary organisation and immediately before he became such a tenant or owner he was living either in a resettlement unit or accommodation provided for an analogous...
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