Supplementary Benefit (Requirements and Resources) Amendment Regulations 1986

JurisdictionUK Non-devolved
CitationSI 1986/1292

1986 No. 1292

SOCIAL SECURITY

The Supplementary Benefit (Requirements and Resources) Amendment Regulations 1986

23rdJuly 1986

28thJuly 1986

The Secretary of State for Social Services, with the consent of the Treasury(a), in pursuance of paragraphs 1 and 2 of Schedule 1 to the Supplementary Benefits Act 1976(b) and in exercise of powers conferred by sections 1(3), 2(1A) and (2), 33(5) and 34(1) (c) of that Act and paragraphs 1(2) and 2(1), (3) and (4) of that Schedule and section 166(2) and (3) of the Social Security Act 1975(d) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these regulations should, insofar as they are required to be referred to it, not be so referred(e), hereby makes the following regulations of which a draft has, in accordance with section 33(3) of the first-mentioned Act been laid before Parliament and approved by resolution of each House of Parliament:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1986 and shall come into operation on 28th July 1986.

(2) In these regulations "the Requirements Regulations" means the Supplementary Benefit (Requirements) Regulations 1983(f).

Amendment of regulation 2(1) of the Requirements Regulations

2. In regulation 2(1) of the Requirements Regulations (interpretation) after

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

(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) and section 25 of, and Part III of Schedule 8 to, the Health and Social Services and Social Security Adjudications Act 1983 (c.41).

(c) See the definitions of "prescribed" and "regulations".

(d) 1975 c.14; section 166(2) and (3) was applied by section 33(2) of the Supplementary Benefits Act 1976.

(e) See section 10(2) of the Social Security Act 1980.

(f) S.I.1983/1399; the relevant amending instruments are S.I. 1984/282, 1102, 1103, 2034, 1985/1247 and 1835.

the definition of "blind" there shall be inserted the following definition—

" " board and lodging area" means the area, determined in accordance with the provisions of Regulation 9A, in which the accommodation provided for the claimant is situated;";

Amendment of regulation 9 of the Requirements Regulations

3. In regulation 9 of the Requirements Regulations (modification of normal requirements of boarders)—

(a) at the beginning of sub-paragraph (b) of paragraph (5) there shall be inserted the words "in respect of a claimant aged 25 or over or, if under that age, to whom, immediately before 28th July 1986, this sub-paragraph applied or to whom regulation 23(2A) applied on or after that date,";

(b) for paragraph (6) (maximum amounts) there shall be substituted the following paragraph—

"(6) Subject to paragraph (7), the maximum amount in respect of the assessment unit as a whole referred to in paragraph (1)(a) shall be the aggregate of the following amounts—

(a) in respect of each member of the assessment unit who is a dependant aged less than 11, 1 1/2 times the amount referred to in paragraph (5)(c); and

(b) subject to paragraphs (17) or (18) or both, in respect of each other member of the assessment unit the appropriate amount specified in, or determined in accordance with, Schedule 1A.";

(c) in paragraph (7), for the words "paragraphs (8) and (17)" there shall be substituted the words "paragraph (8)"; and for "£17.30" and "£34.60" there shall be substituted "£17.50" and "£35.00" respectively;

(d) in paragraph (8), for "£34.60" there shall be substituted "£35.00";

(e) in paragraph (9), the words "or a partner calculated in the manner referred to in paragraph 5(2) of Schedule 1A" shall be deleted;

(f) in paragraph (17) (protected amounts)—

(i) in sub-paragraphs (b) and (c) after the words "for the purposes of paragraph (6) shall" there shall be inserted the words "subject to paragraph (18)";

(ii) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

"(d) Where—

(i) the accommodation is a residential care home or a nursing home; and

(ii) the claimant is in receipt of an attendance allowance which by virtue of regulation 11(4A) of the Resources Regulations(a) does not fall to be disregarded; and

(iii) immediately prior to 29th April 1985 the claimant was able to meet out of the resources disregarded under regulation 11 (4)(b) of the Resources Regulations, in whole or in part, the then balance of the actual charge for such accommodation over the maximum amount determined under paragraph (6); and

(iv) on and after the said 29th April 1985 the actual charge has continuously exceeded the maximum amount under paragraph (6); and

(v) the claimant was entitled immediately prior to 28th July 1986 to an increase in the appropriate amount by virtue of the provisions of this sub-paragraph then in force,

the appropriate amount for the purposes of paragraph (6) shall, subject to paragraph (18), be the protected amount plus so much of the resources used as aforesaid immediately prior to 29th April 1985 to meet the then balance, except where such a calculation results in a smaller amount than that which would otherwise be the appropriate amount under Schedule 1A.";

(iii) in sub-paragraph (i) for the words "paragraph (1)(a)" there shall be substituted the words "paragraph (1)";

(iv) after sub-paragraph (i) there shall be added the following sub-paragraph—

"(j) Notwithstanding the provisions of paragraphs (6) to (14) where—

(i) the claimant's partner has died; and

(ii) immediately before the death of the partner the claimant and partner were boarders and the partner was a person to whom any of sub-paragraphs (b) to (f) or (i) above applied; and

(iii) after the partner's death the claimant has continued, subject to sub-paragraph (h) above, to be a boarder in the same accommodation within the meaning of sub-paragraph (a) above,

then for the purposes of paragraph (6), the appropriate amount shall, subject to paragraph (18), be one-half of the amount determined to be the appropriate amount in respect of the claimant and his partner immediately before the death so long as that amount exceeds the amount that would otherwise be the appropriate amount in respect of the claimant under paragraph (6); and, where sub-paragraph (e) above applied to the claimant's partner, for the purposes of paragraph (12) the allowance for personal expenses shall be one-half of the amount to which the claimant and his partner were entitled so long as that amount exceeds the amount otherwise payable to the claimant.".

(a) S.I. 1981/1527; the relevant amending instrument is S.I. 1985/1835.

(g) after paragraph (17) there shall be added the following paragraph—

"(18) Where—

(a) immediately before 28th July 1986 the claimant was a boarder in a residential care home or a nursing home and since that date he has continued, subject to sub-paragraph (h) of paragraph (17), to be a boarder in the same accommodation within the meaning of sub-paragraph (a) of that paragraph; and

(b) either-

(i) immediately before that date any of sub-paragraphs (b), (c), (d) or (i) of paragraph (17) applied to him; or

(ii) on or after that date sub-paragraph (i) (except where that sub-paragraph previously applied) or (j) of paragraph (17) applied to him; and

(c) the actual charge for the accommodation exceeds the maximum amount determined under paragraph (6),

the amount determined as appropriate by virtue of paragraph (17) or, as the case may be, Schedule 1A shall be increased by the amount, not exceeding £10, of the current excess except where the amount determined as appropriate in accordance with Schedule 1A, or which would be so determined but for the provisions of paragraph (17), exceeds the amount determined on the relevant date as appropriate in respect of the claimant plus £10; and, in this paragraph, "relevant date" means in the case of a claimant to whom sub-paragraph (b)(ii) refers, the date on which sub-paragraph (i) or (j) of paragraph (17) first applied to him and, in any other case, 28th July 1986.

Insertion of new regulation 9A of the Requirements Regulations

4. After regulation 9 of the Requirements Regulations there shall be inserted the following regulation—

"Board and Lodging Areas

9A.—(1) For the purpose of determining the board and lodging areas in England, Wales and Scotland, Great Britain shall be divided into the seven Regions named in column (1) of Schedule 1B and described in column (2) thereof.

(2) Each Region shall be further divided into areas, known as board and lodging areas, respectively numbered in column (1) of Schedule 1C and described in column (2) thereof.

(3) Any place which is not included in the description of a board and lodging area in the said Schedule 1C shall be treated for the purposes of this regulation as forming part of the board and lodging area nearest to it."

Amendment of regulation 10 of the Requirements Regulations

5. In paragraph (4) of regulation 10 (modification of normal requirements in special cases) for all the words after sub-paragraph (b) there shall be substituted the following—

"or

(c) he is absent for a period of at least one week from that accommodation being accommodation either in a residential care home or nursing home as defined in paragraph 6(1) of Schedule 1A and he is not required to be available for employment,

the amount applicable for his normal requirements may be increased to take account of the retaining fee by an amount not exceeding 80 per cent of the weekly amount for board and lodging referred to in regulation 9(1)(a) except that, in the case of a person to whom sub-paragraph (c) applies, any such increase shall not be for a continuous period of more than 4 weeks.".

Amendment of regulation 22 of the Requirements Regulations

6. In regulation 22 (reductions in housing requirements in respect of certain...

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