Supplementary Benefit (Requirements and Resources) Amendment Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1102 |
| Year | 1984 |
1984 No. 1102
SOCIAL SECURITY
The Supplementary Benefit (Requirements and Resources) Amendment Regulations 198425thJuly 1984
Except for regulations 2(9), (10)(a)(i), (12)(b), (c), (d), (e) and (f)(i) and 3(6)(a), (7)(b) and (9)Except for regulations 2(9), (10)(a)(i), (12)(b), (c), (d), (e) and (f)(i) and 3(6)(a), (7)(b) and (9)6thAugust 1984Regulations 2(9), (10)(a)(i), (12)(b), (c), (d), (e) and (f)(i) and 3(6)(a), (7)(b) and (9)Regulations 2(9), (10)(a)(i), (12)(b), (c), (d), (e) and (f)(i) and 3(6)(a), (7)(b) and (9)26thNovember 1984
The Secretary of State for Social Services, with the consent of the Treasury, in exercise of the powers conferred upon him by sections 2(2) and 34(1) of and paragraphs 1 and 2 of Schedule 1 to the Supplementary Benefits Act 1976(a) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee except insofar as it has agreed that the proposal to make regulation 2(12)(e) should not be referred to it (b), hereby makes the following regulations, a draft of which has, in accordance with section 33(3) of that Act, been laid before Parliament and approved by resolution of each House of Parliament:—
Citation and commencement
1. These regulations, which may be cited as the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1984, shall come into operation on 6th August 1984 except for regulations 2(9), (10)(a)(i), (12)(b), (c), (d), (e) and (f)(i), and 3(6)(a), (7)(b) and (9), which shall come into operation on 26th November 1984.
(a) 1976 c.71, as amended by section 6(1) of and Part I of Schedule 2 to the Social Security Act 1980 (c. 30).
(b) See sections 9 and 10 of the Social Security Act 1980.
Amendment of the Supplementary Benefit (Requirements) Regulations 1983
2.— (1) The Supplementary Benefit (Requirements) Regulations 1983(a) shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (interpretation), in the definition of "the home" after the words "as their home" there shall be inserted the words ", being accommodation in Great Britain,".
(3) In regulation 3(2) (determination of requirements), after the words "Part IV" there shall be inserted the words "other than regulation 18(1)(a)".
(4) In regulation 5(6)(a) (householder), before the words "is responsible for" there shall be inserted the words "in respect of a home or, as the case may be, a household in Great Britain".
(5) In regulation 9(2) (boarders), for the words "rent allowance under the Housing Benefits Act" there shall be substituted the words "housing benefit".
(6) In regulation 10(6)(b) (special cases)—
(a) the word "only" shall be omitted;
(b) after the words "limited leave" there shall be inserted the words "(as defined in section 33(1) of the Immigration Act 1971)";
(c) after the word "remained" there shall be inserted the words "without further leave under that Act".
(7) In regulation 12(2)(g) (heating), for the words "the necessary heating of the home" there shall be substituted the words "the heating required by the assessment unit in the home".
(8) In regulation 15 (mortgage payments)—
(a) in paragraph (1), for the words from "the home" to the end there shall be substituted the following words—
"the home—
(a) where section 26 of the Finance Act 1982(b) applies to payments of interest on the loan, the amount attributable to the interest which is payable after deduction of income tax at the basic rate, or
(b) where that section 26 does not apply to those payments, the amount attributable to the interest which is payable without deduction of income tax,
and in either case the amount shall be calculated on a weekly basis.";
(b) in paragraph (3)—
(i) in sub-paragraph (a), after the words "unmarried couple, A" there shall be inserted the words "either solely or jointly with B" and the words "his interest in" shall be omitted,
(a) S.I. 1983/1399, as amended by S.I. 1984/282.
(b) 1982 c. 39.
(ii) after the words "the amount of the interest on that mortgage" there shall be added the words "calculated as if it were a mortgage to which paragraph (1) applied";
(c) in paragraph (4) for the words from "calculated" to "that mortgage" there shall be substituted the words "of interest on that mortgage calculated as if it were a mortgage to which paragraph (1) applied".
(9) In regulation 16(1) (maintenance and insurance), for the words "costs of maintenance and insurance exceed" there shall be substituted the words "cost of insurance exceeds".
(10) In regulation 18 (miscellaneous outgoings)—
(a) in paragraph (1)—
(i) after the word "shall" there shall be inserted the words ", except, in respect of those outgoings specified in sub-paragraphs (b) to (ff) of this paragraph where, in the opinion of the adjudication officer, it is impracticable to estimate the likely amount of the outgoings.",
(ii) the following sub-paragraph shall be inserted after sub-paragraph (f)—
"(ff) where the home is a tent, payments in respect of the tent or the site on which it stands;";
(b) in paragraphs (3) to (6), after the reference to sub-paragraph (f) of paragraph (1) wherever it appears there shall be inserted a reference to sub-paragraph (ff).
(11) In regulation 20(2) (special cases of housing requirements), the following sub-paragraph shall be added after sub-paragraph (b)—
"(c) shall cease to apply where a pension or allowance ceases to be payable in respect of the assessment unit except that it shall reapply wherever a pension or an allowance again becomes payable within a period of 8 weeks or less.".
(12) In regulation 22 (reduction for certain occupants of the home)—
(a) in paragraph (2), after the words "the amount" there shall be inserted the words "ascertained in accordance with paragraph (10) and";
(b) in paragraph (4)—
(i) in sub-paragraph (c), the following head shall be inserted as head (i) immediately before head (ii)—
"(i) where he is aged 16 or 17, £2.35,",
(ii) in sub-paragraph (d), for the words from "the amounts" to the end of that sub-paragraph there shall be substituted the words "the amount which would be applicable under sub-paragraph (c) to the head of that group or, where it would be a lesser amount, to his partner if the reference in that sub-paragraph were a reference to the head of the group or, as the case may be, his partner;";
(c) in paragraph (5), the following sub-paragraph shall be added after sub-paragraph (g)—
"(h) for a non-dependant aged 16 or 17 who is in receipt of a non-contributory invalidity pension under section 36 of the Social Security Act, or, for a group of non-dependants of which the head of the group is a person so aged and in receipt of such a pension.";
(d) in paragraph (6), in sub-paragraph (a), head (iv) shall be omitted and, in sub-paragraph (b)(i), for the words "heads (i) to (iv)" there shall be substituted the words "heads (i) to (iii)";
(e) for paragraph (7)...
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