Supplementary Benefit (Requirements and Resources) Miscellaneous Provisions (No. 2) Regulations 1985

JurisdictionUK Non-devolved
CitationSI 1985/1835

1985 No. 1835

SOCIAL SECURITY

The Supplementary Benefit (Requirements and Resources) Miscellaneous Provisions (No. 2) Regulations 1985

25thNovember 1985

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 of all other powers enabling him in that behalf without having referred any proposals on the matter to the Social Security Advisory Committee since it appears to him that by reason of urgency it is inexpedient to do so (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, commencement and interpretation

1.—(1) These regulations may be cited as the Supplementary Benefit (Requirements and Resources) Miscellaneous Provisions (No. 2) Regulations 1985, and shall come into operation forthwith.

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

(3) Nothing in these regulations is to be construed as affecting the amount of any entitlement to benefit in respect of any period before the coming into operation of these regulations.

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

(e) S.I. 1983/1399; the relevant amending instruments are S.I. 1984/282, 1102, 1103, 2034.

Revocation

2. The Supplementary Benefit (Requirements and Resources) Miscellaneous Provisions Regulations 1985 (a) and the Supplementary Benefit (Requirements) Amendment Regulations 1985 (b) are hereby revoked.

Definition of "close relative" in the Requirements Regulations

3. For the definition of "close relative" in regulation 2(1) of the Requirements Regulations (interpretation) there shall be substituted the following definition—

" 'close relative' means parent, son, daughter, step-parent, step-son, step-daughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother, sister, brother-in-law or sister-in-law,".

Arrangements as to boarders

4.—(1) For paragraph (6) of regulation 9 of the Requirements Regulations (maximum amounts) there shall be substituted the following paragraph—

"(6) Subject to paragraphs (7) and (17), 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) in respect of each other member of the assessment unit, the appropriate amount provided by Schedule 1A.".

(2) For paragraph (7) of regulation 9 of the Requirements Regulations there shall be substituted the following paragraph—

"(7) Subject to paragraphs (8) and (17), where the accommodation provided for the claimant is accommodation to which paragraph 4 or 5 of Schedule 1A relate (hostels and ordinary board and lodging) being a Case specified in Schedule 2, the maximum amount specified in paragraph (6) shall be increased by any excess of the actual charge over that maximum up to £17.30 or, if the increase is payable under Case A or C of that Schedule and the claimant is a relevant person, up to £34.60.".

(3) For paragraph (9) of regulation 9 of the Requirements Regulations there shall be substituted the following paragraph—

"(9) The maximum amount applicable in respect of a dependant aged less than 11 calculated in the manner referred to in paragraph (6)(a) or a partner calculated in the manner referred to in paragraph 5(2) of Schedule 1A shall be rounded to the nearest multiple of 5p by treating an odd amount of 2.5p or more as 5p and by disregarding an odd amount of less than 2.5p.".

(4) In paragraph (12) of regulation 9 of the Requirements Regulations for all the words preceding sub-paragraph (a) there shall be substituted the words—

(a) S.I. 1985/613.

(b) S.I. 1985/1136.

"Subject to paragraph (17)(e), the allowance for personal expenses referred to in paragraph (1)(b) for any member of the assessment unit aged not less than 18 or a claimant or partner aged less than 18 but not less than 16, in a residential care home or a nursing home shall be £8.95 and in any other case shall be—".

(5) For paragraphs (14) and (15) of regulation 9 of the Requirements Regulations there shall be substituted the following paragraph—

"(14) Notwithstanding paragraph (13), a person shall not be a boarder for the purposes of this regulation if he is a person to whom any paragraph of Schedule 2A applies.".

(6) After paragraph (16) of regulation 9 of the Requirements Regulations there shall be added the following paragraph:—

"(17)(a) Notwithstanding the provisions of paragraph (6) to (14), sub-paragraphs (b) to (g) below shall have effect where the claimant was in receipt of supplementary benefit as a boarder immediately before 29th April 1985, or would have been in receipt of such benefit but for the claimant's temporary absence from his accommodation in circumstances as set out in sub-paragraph (h) below and, subject to that sub-paragraph (h), has continued since that date to be a boarder in the same accommodation; and for the purposes of this paragraph, a claimant to whom sub-paragraphs (b), (c), (d) or (e) below applies who changes his accommodation shall nevertheless be deemed to be in the same accommodation if the accommodation he moves to is a residential care home or a nursing home or both.

(b) Where—

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

(ii) the claimant or his partner had attained pensionable age on or before 29th April 1985,

the appropriate amount for the purposes of paragraph (6) shall be the weekly amount determined to be appropriate under paragraph (1)(a) prior to that date (hereinafter in this paragraph referred to as "the protected amount") so long as the protected amount exceeds the amount that would otherwise be the appropriate amount under paragraph (6).

(c) Where—

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

(ii) in the case of a residential care home, or nursing home, the claimant or his partner had not attained pensionable age on or before 29th April 1985,

the appropriate amount for the purposes of paragraph (6) shall, until 28th April 1986, (or such later date as in any particular case the Secretary of State in his discretion determines in order to avoid exceptional hardship) be the protected amount so long as the protected amount exceeds the amount that would otherwise be the appropriate amount under paragraph (6).

(d) Where—

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

(ii) the claimant is in receipt of 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 resources disregarded under regulation 11(4)(b) of the Resources Regulations, in whole or in part, the balance of the actual charge for such accommodation over the maximum amount determined under paragraph (6), and

(iv) after 29th April there has continued to be such a balance to be met,

then for the purposes of paragraph (6), the appropriate amount shall be increased by such amount, not exceeding the amount of such balance, as could be met out of those resources immediately prior to the said 29th April 1985 as will enable such balance to be met, in whole or in part, as aforesaid, provided that, in the case of a person who has not attained pensionable age on or before that date, no such increase shall be made after 28th April 1986, unless in any particular case the Secretary of State in his discretion determines otherwise in order to avoid exceptional hardship.

(e) Where the accommodation is a residential care home or a nursing home, the allowance for personal expenses for the purposes of paragraph (12) shall be the amount of the allowance for personal expenses payable by virtue of that paragraph prior to the 29th April 1985 so long as that amount exceeds the appropriate allowance specified in that paragraph.

(f) Where the accommodation is accommodation to which paragraph 5 of Schedule 1A relates (ordinary board and lodging), the appro-

priate amount for the purposes of paragraph (6) in the cases specified below shall, for the periods specified below in relation to those cases ("the relevant periods"), be the protected amount so long as that amount exceeds the amount that would otherwise be the appropriate amount under paragraph (6).

The cases and relevant periods for the purposes of this paragraph are—

(i) cases where the protected amount includes an increase under paragraph (7), for which cases the relevant period is the period ending on 28th April 1986, or such longer period as in any particular case the Secretary of State in his discretion determines in order to avoid exceptional hardship;

(ii) cases where, at the coming into operation of the Supplementary Benefit (Requirements and Resources) Miscellaneous Provisions (No. 2) Regulations 1985(b), there had not expired a period of thirteen weeks beginning with the date of

(a) Added by regulation 4(12) of the Supplementary Benefit (Requirements and...

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