Supplementary Benefit (Requirements and Resources) Amendment Regulations 1982
| Jurisdiction | UK Non-devolved |
1982 No. 1125
SOCIAL SECURITY
The Supplementary Benefit (Requirements and Resources) Amendment Regulations 19823rdAugust 1982
9thAugust 1982Regulation 2(5)(a) and (e) and (6)Regulation 2(5)(a) and (e) and (6)18thOctober 1982Regulation 2(8)(b) and (15)(b)Regulation 2(8)(b) and (15)(b)22ndNovember 1982
Whereas a draft of the following regulations was laid before Parliament and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Services, with the consent of the Treasury, in exercise of the powers conferred upon him by paragraphs 1(2) and 2(1), (3) and (4) 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, hereby makes the following regulations:—
Citation and commencement
1. These regulations may be cited as the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1982 and shall come into operation on 9th August 1982 except for regulations 2(5)(a) and (e) and (6) which shall come into operation on 18th October 1982 and regulations 2(8)(b) and (15)(b) which shall come into operation on 22nd November 1982.
Amendment of the Supplementary Benefit (Requirements) Regulations 1980
2.—(1) The Supplementary Benefit (Requirements) Regulations 1980(b) shall be amended in accordance with the following provisions of this regulation.
(a) 1976 c.71; Schedule 1 was substituted by section 6(1) of, and paragraph 30 of Schedule 2 to, the Social Security Act 1980 (c.30); the Act is amended by sections 38 and 48(5) of, and Schedule 4 to, the Social Security and Housing Benefits Act 1982 (c.24).
(b) S.I. 1980/1299; relevant amending instruments are S.I. 1980/1774, 1981/1016, 1197.
(2) In regulation 2(1) (interpretation) after the definition of "rent" there shall be inserted the following definition:—
"'single claimant' means a claimant who is not a partner;".
(3) In regulation 5(2) (meaning of householder)—
(a) for the words "person, other than a partner," there shall be substituted the words "single claimant";
(b) in sub-paragraph (a) after the words "is treated" there shall be inserted the words ", otherwise than by reason only of regulation 20(4),".
(4) For regulation 6(1) (normal requirements of persons other than partners and householders) there shall be substituted the following paragraph:—
"(1) Subject to paragraphs (2) and (3), the weekly amount of the normal requirements of a single claimant who is not a householder and of a dependant (not being a partner) shall be determined in accordance with Schedule 1, paragraph 1 or 2 of that Schedule applying in the case of a single claimant and paragraph 3 in that of a dependant."
(5) In regulation 7 (conditions for long-term rates of normal requirements)—
(a) in paragraph (2)(aa) the words "who is not registered with the Manpower Services Commission" shall be omitted;
(b) in paragraph (2) (b)—
(i) after the words "person who" there shall be inserted the words ", by reason of regulation 6(e) of the Supplementary Benefit (Conditions of Entitlement) Regulations 1981(a) (exemption from condition of availability where no further prospect of employment due to physical or mental disablement),",
(ii) the words "because, due to disability and long unemployment, he has no prospects of further employment" shall be omitted,
(iii) for the words "pursuant to section 5" there shall be substituted the words "pursuant to regulation 8(b)(ii) of the Supplementary Benefit (Claims and Payments) Regulations 1981(b) (information to be given in connection with payment of benefit where condition of availability applies)";
(c) in paragraph (4)—
(i) for the reference to "paragraph 3(1)" there shall be substituted a reference to "paragraph 3",
(ii) the words "of married and unmarried couples" shall be omitted,
(iii) after the words "an end" there shall be inserted the words "and the condition in paragraph (4A) is satisfied";
(a) S.I. 1981/1526.
(b) S.I. 1981/1525.
(d) after paragraph (4) the following paragraph shall be inserted—
"(4A) The condition mentioned in paragraph (4) is that the requirements and resources of A were aggregated with and treated as those of B either—
(a) under paragraph 3(1) of Schedule 1 to the Act (aggregation of married and unmarried couples); or
(b) under paragraph 3(2) of Schedule 1 to the Act (aggregation of dependants) and there are now so aggregated with A's requirements and resources those of another person which were previously so aggregated with B's.";
(e) for the definition of "subject to registration" in paragraph (6)(b) there shall be substituted the following definition:—
"'subject to the condition of availability' in relation to an allowance means subject to the condition of availability for employment under section 5(1)(a);",
and for all other references in regulation 7 to "subject to registration" there shall be substituted references to "subject to the condition of availability".
(6) In regulation 8(1) (modification of normal requirements in certain cases of unemployment benefit disqualification) for the reference to "section 5" there shall be substituted a reference to "section 5(1)(a)" and the words "registration and" shall be omitted.
(7) In regulation 9 (boarders)—
(a) in paragraph (1) after the words "so however that" there shall be inserted the words ", except where paragraph (7) applies,";
(b) in paragraph (5)—
(i) for the words "Except to the extent that the claimant" there shall be substituted the words "Where the claimant is not a person who is being accommodated by a housing authority pursuant to the Housing (Homeless Persons) Act 1977 (a) or by a local authority pursuant to section 1 of the Child Care Act 1980 (b) (promotion of welfare of children) or, in Scotland, section 12 of the Social Work (Scotland) Act 1968 (c) (general social welfare services of local authorities), except to the extent that he",
(ii) in sub-paragraph (b) the words from "and he is not" to the end of the sub-paragraph shall be omitted.
(8) In regulation 12 (heating)—
(a) in paragraph (2)(g)—
(i) for the words "an amount is applicable under" there shall be substituted the words "a separate charge is payable as mentioned in column (1) of",
(ii) in each of heads (i) and (ii) the words "referred to in column (1) of that paragraph" shall be omitted;
(a) 1977 c.48.
(b) 1980 c.5.
(c) 1968 c.49.
(b) in each of sub-paragraphs (a) and (b) of paragraph (4) before the words "of Schedule 3" there shall be inserted a reference to "or 6".
(9) In regulation 15(3) (deductions from inclusive rent) after the words "thirteen weeks" there shall be inserted the words ", or for a shorter period if (for example because of the application of paragraph 1 or 2 of Schedule 2) a householder rate of normal requirements is no longer applicable,".
(10) In regulation 16 (mortgage payments)—
(a) in paragraph (1)—
(i) for the words "charged on and" there shall be substituted the words "or other loan",
(ii) for the words "mortgage interest" there shall be substituted the words "interest on the loan";
(b) in paragraph (2)—
(i) in sub-paragraph (b) for the...
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