Supplementary Benefit (Miscellaneous Amendments) Regulations 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/907 |
| Year | 1982 |
1982 No. 907
SOCIAL SECURITY
The Supplementary Benefit (Miscellaneous Amendments) Regulations 19821stJuly 1982
8thJuly 1982
Except for Regulations 4(5), 5(2) (b), (5)(a) and (6), 6(2), (3), (4) (a), (b), (d)(i), (e) (ii), (g) and (h), 7 (12) (a) and 8(3)Except for Regulations 4(5), 5(2) (b), (5)(a) and (6), 6(2), (3), (4) (a), (b), (d)(i), (e) (ii), (g) and (h), 7 (12) (a) and 8(3)9thAugust 1982Regulations 4(5), 5(2) (b), (5)(a) and (6), 6(2), (3), (4) (a), (b), (d)(i), (e) (ii), (g) and (h), 7 (12) (a) and 8(3)Regulations 4(5), 5(2) (b), (5)(a) and (6), 6(2), (3), (4) (a), (b), (d)(i), (e) (ii), (g) and (h), 7 (12) (a) and 8(3)18thOctober 1982
The Secretary of State for Social Services, in exercise of the power conferred upon him by sections 1(1A), 2(1A)(a), 3, 4(1), 5, 6, 9(2), 10(5) and 14(1) and (2)(a),(d),(dd),(f),(g) and (i) of the Supplementary Benefits Act 1976(a) and section 8(1) of the Social Security Act 1980(b) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee (c), hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations, which may be cited as the Supplementary Benefit (Miscellaneous Amendments) Regulations 1982, shall come into operation on 9th August 1982 except for regulations 4(5), 5(2)(b), (5)(a) and (6), 6(2), (3), (4) (a), (b), (d)(i), (e)(ii), (g) and (h), 7(12)(a) and 8(3) which shall come into operation on 18th October 1982.
(a) 1976 c. 71, as amended by section 6(1) of, and Part I Schedule 2 to, the Social Security Act 1980 (c. 30), and sections 38 and 48(5) of, and Schedule 4 to, the Social Security and Housing Benefits Act 1982 (c. 24).
(b) 1980 c. 30.
(c) See the Social Security Act 1980, section 10(1).
(2) In these regulations—
"Claims and Payments Regulations" means the Supplementary Benefit (Claims and Payments) Regulations 1981(a);
"Conditions of Entitlement Regulations" means the Supplementary Benefit (Conditions of Entitlement) Regulations 1981(b);
"Determination of Questions Regulations" means the Supplementary Benefit (Determination of Questions) Regulations 1980(c);
"Single Payments Regulations" means the Supplementary Benefit (Single Payments) Regulations 1981(d);
"Trade Disputes Regulations" means the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980(e);
"Transitional Regulations" means the Supplementary Benefit (Transitional) Regulations 1980(f);
"Urgent Cases Regulations" means the Supplementary Benefit (Urgent Cases) Regulations 1981(g);
Amendment of the Transitional Regulations
2. Regulation 7 of the Transitional Regulations (directions to attend courses of instruction or training) shall be omitted.
Amendment of the Trade Disputes Regulations
3.—(1) This regulation shall amend the Trade Disputes Regulations.
(2) In regulation 3(3) (urgent cases) in sub-paragraph (a) after the reference to "regulation 6(1)(b)" there shall be inserted a reference to "or (g)".
(3) In regulation 17 (effect of deduction notice) after paragraph (3) there shall be inserted the following paragraph:—
"(3A) Where on a relevant pay-day earnings are payable to the claimant in respect of more than one pay-day the amount of the protected earnings and the figure of £1 referred to in the preceding paragraph, adjusted where appropriate in accordance with the provisions of that paragraph, shall be multiplied by the number of pay-days to which the earnings relate.".
Amendment of the Determination of Questions Regulations
4.—(1) This regulation shall amend the Determination of Questions Regulations.
(2) In regulation 1(2) (interpretation) after the definition of "claimant" there shall be inserted the following definition:—
(a) S.I. 1981/1525.
(b) S.I. 1981/1526.
(c) S.I. 1980/1643; the relevant amending instrument is S.I. 1981/815.
(d) S.I. 1981/1528.
(e) S.I. 1980/1641; the relevant amending instrument is S.I. 1981/815.
(f) S.I. 1980/984.
(g) S.I. 1981/1529.
"'determining authority' means, as the case may require, a benefit officer, an Appeal Tribunal or a Commissioner;".
(3) In regulation 4 (review of determinations)—
(a) in paragraph (4)—
(i) for the words "mortgage capital" there shall be substituted the words "loan capital",
(ii) for the words "mortgage interest" there shall be substituted the words "interest on the loan", and
(iii) for the word "mortgagee" there shall be substituted the word "lender";
(b) paragraph (8) shall be omitted.
(4) In regulation 5 (reference of questions)—
(a) in paragraph (1)—
(i) in sub-paragraph (c) after the words "regulation 8(1)(b)" there shall be inserted the words "or (f)",
(ii) for sub-paragraph (d) there shall be substituted the following sub-paragraph:—
"(d) whether for the purposes of regulation 10 of the Supplementary Benefit (Conditions of Entitlement) Regulations 1981 (circumstances in which persons are to be treated as receiving relevant education) a person—
(i) is, by virtue of paragraph (1)(a) of that regulation, receiving full-time education, not being advanced education, by attendance at a recognised educational establishment, for the purposes of section 2(1)(b) of the Child Benefit Act 1975(a), or
(ii) has, for the purposes of paragraph (1)(b) of that regulation, ceased to receive such education;";
(b) in paragraph (2)(a) for the words "sub-paragraphs (b) to (e)" there shall be substituted the words "sub-paragraphs (b) to (g)".
(5) In regulation 7(2)(b) (date of commencement, change and termination of entitlement to pensions and allowances) the words "registration and" shall be omitted.
(6) After regulation 7 there shall be inserted the following regulation:—
"Interim payments on account of supplementary benefit
7A.—(1) Where, under arrangements made by the Secretary of State with the consent of the Treasury, payment on account of supplementary benefit has been made otherwise than in accordance with the Act pending determination (whether in the first instance or on an appeal or reference and whether originally or on review) of a claim for supplementary benefit, that payment shall, subject to paragraph (2), for the purposes of the Act be deemed to be a payment of supplementary benefit duly made.
(a) 1975 c. 61.
(2) When a claim for supplementary benefit in connection with which a payment has been made under arrangements referred to in paragraph (1) is determined by a determining authority—
(a) if that authority decides that nothing was properly payable by way of supplementary benefit or that the amount properly so payable was less than the amount of the payment and if it is satisfied that—
(i) a person has, whether fraudulently or otherwise, misrepresented or failed to disclose, any material fact, and
(ii) the overpayment has been made in consequence of such misrepresentation or failure,
it shall require repayment of the overpayment;
(b) if that authority decides that the amount properly payable by way of supplementary benefit in respect of which the payment was made equals or exceeds the amount of that payment, it shall treat that payment as paid on account of the supplementary benefit properly payable.
(3) An overpayment required to be repaid under the provisions of this regulation shall, without prejudice to any other method of recovery, be recoverable by deduction from any benefit then or thereafter payable to the person by whom it is to be repaid or any persons entitled to receive his benefit on his death.".
Amendment of the Claims and Payments Regulations
5.—(1) This regulation shall amend the Claims and Payments Regulations.
(2) In regulation 3 (manner in which claims are to be made)—
(a) in paragraph (1)—
(i) in sub-paragraph (a) before the words "on a form" there shall be inserted the words "in the case of a claim for a pension or allowance,",
(ii) in sub-paragraph (b) before the words "in such manner" there shall be inserted the words "in the case of any claim,";
(b) in paragraph (2) the words "register and" shall be omitted;
(c) in paragraph (5)(b) the words from ", but paragraph (2)(a)" to the end of the sub-paragraph shall be omitted.
(3) In regulation 5(2) (time for claiming pension or allowance) in sub-paragraph (d) for the words from "relating to" to "regulation 9" there shall be substituted the words "relating to the charge for board and lodging to which regulation 9(2)".
(4) After regulation 5 there shall be inserted the following regulation:—
"Circumstances in which claims may be deemed to have been withdrawn
5A. Where, before the determination of any claim, the Secretary of State, pursuant to regulation 4, requires the claimant—
(a) to furnish the information requested on a form given to him for that purpose; or
(b) to attend at an office or place in the manner directed,
and the claimant fails to furnish such information within 21 days of being so required or, as the case may be, fails to attend as directed, the Secretary of State may, unless he is satisfied that such failure was reasonable in all the circumstances, treat the claim as having been withdrawn.".
(5) In regulation 6 (time and manner of payment of pension and allowance)—
(a) in head (i) of paragraph (1)(a) the words "register and" shall be omitted;
(b) after paragraph (1) there shall be inserted the following paragraph:—
"(1A) Where the amount of the allowance to which a beneficiary to whom paragraph (1)(a)(i) and (ii) applies is entitled is less than 50 pence, the Secretary of State may defer payment of that allowance until the aggregate amount to which the beneficiary is entitled exceeds 49 pence.";
(c) for paragraph (3) there shall be substituted the following paragraph:—
"(3) Paragraph (2) shall not apply to a review for the sole purpose of giving effect to any change in any amount specified in Schedule 1 to the Act or in the Requirements Regulations in connexion with the determination of requirements.".
(6) In regulation 8(b) (information to be given in connexion with payment of benefit) the words...
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