Supplementary Benefit (Requirements and Resources) Miscellaneous Amendment Regulations 1986

JurisdictionUK Non-devolved
CitationSI 1986/1293

1986 No. 1293

SOCIAL SECURITY

The Supplementary Benefit (Requirements and Resources) Miscellaneous Amendment Regulations 1986

23rdJuly 1986

The Secretary of State for Social Services, with the consent of the Treasury (a), in exercise of the powers conferred upon him by sections 2(2) and 34(1)(b) of, and paragraphs 1 and 2 of Schedule 1 to, the Supplementary Benefits Act 1976(c) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee other than the proposals as to regulation 3(7) which that Committee agreed should not be referred to it (d), hereby makes the following regulations of which a draft 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 may be cited as the Supplementary Benefit (Requirements and Resources) Miscellaneous Amendment Regulations 1986 and shall come into operation as follows:—

(a) regulations 2(1), 2(3) and 3(7) on 28th July 1986;

(b) regulation 2(2) on 1st September 1986;

(c) regulations 3(1) to 3(6) and 3(8) on 3rd November 1986.

(a) See section 33(3) of the Supplementary Benefits Act 1976 (c.71).

(b) See definitions of "prescribed" and "regulations".

(c) 1976 c.71, as amended by section 6(1) of and Part I of Schedule 2 to the Social Security Act 1980 (c.30).

(d) See sections 9 and 10 of the Social Security Act 1980 (c.30).

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) Regulation 19 (housing benefit supplement) shall be amended by—

(a) substituting in paragraph (1) for the words "paragraphs (3) and (4)" the words "paragraphs (3) to (4)";

(b) inserting after paragraph (3) the following paragraph—

"(3A) Where for the purposes of ascertaining the eligible rent under the Housing Benefits Regulations 1985(b) a person's eligible rent is reduced in the circumstances prescribed in paragraph 10 of Schedule 1A to those Regulations, there shall for the purposes of paragraph (2)(a) be added to the eligible rent otherwise ascertained under those Regulations—

(a) the amount of that reduction under sub-paragraph (a) or (b), as the case may be, of that paragraph 10; or

(b) where the amount of that reduction is greater than the eligible rent, the amount which would be but for that reduction that person's eligible rent as so ascertained."

(3) There shall be substituted for sub-paragraph (e) of paragraph (5) of regulation 22 (reduction in amounts applicable for certain occupants of the home) the following sub-paragraph—

"(e) except during the normal summer vacation, for a non-dependant who is a student and does not pay to the claimant or his partner an amount in respect of his accommodation and at least some cooked or prepared meals at a commercial rate, or for a group of non-dependants where the head of that group is such a student;".

Amendment of the Supplementary Benefit (Resources) Regulations 1981

3.— (1) The Supplementary Benefit (Resources) Regulations 1981 (c) shall be amended in accordance with the following provisions of this regulation.

(2) Regulation 2(1) (interpretation) shall be amended by—

(a) inserting before the definition "the Act" the following definitions—"

""a course of advanced education" means—

(a) a full time course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or

(b) any other full-time course which is a course of a standard above ordinary national diploma, a national diploma of the

(a) S.I. 1983/1399; the relevant amending instruments are S.I. 1984/282, 1102, 1985/1247.

(b) S.I. 1985/677; the relevant amending instrument is S.I. 1986/1009.

(c) S.I. 1981/1527; the relevant amending instruments are S.I. 1982/1125, 1126, 1983/503, 505, 1240, 1984/1102, 1985/614, 1246.

Business & Technician Education Council or the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;

"a person in relevant education" means a person to whom regulation 10 of the Conditions of Entitlement Regulations applies;"; and

(b) inserting after the definition "allowance" the following definition—

""Allowances Regulations" means the Students' Allowances (Scotland) Regulations 1971(a);"; and

(c) inserting after the definition "assessment unit" the following definition—

""Awards Regulations" means the Education (Mandatory Awards) Regulations 1985(b);" and

(d) inserting after the definition of "claimant" the following definition—

""Conditions of Entitlement Regulations" means the Supplementary Benefit (Conditions of Entitlement) Regulations 1981(c);"; and

(e) adding in the definition of "education authority" after the words "Science and Technology Act 1965" the words"a Minister of the Crown...

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