Supplementary Benefit (Resources) Amendment Regulations 1987

1987 No. 660

SOCIAL SECURITY

The Supplementary Benefit (Resources) Amendment Regulations 1987

Made 3rd April 1987

Coming into force 6th April 1987

The Secretary of State for Social Services, with the consent of the Treasury1, in exercise of the powers conferred upon him by sections 2(2) and 34(1)2of, and paragraph 1 of Schedule 1 to the Supplementary Benefits Act 19763and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee of the proposals as to these Regulations other than those which the Committee agreed should not be referred to it4, hereby makes the following Regulations of which a draft has, in accordance with section 33(3) of the Act been laid before Parliament and approved by resolution of each House of Parliament:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Supplementary Benefit (Resources) Amendment Regulations 1987 and shall come into force on the 6th April 1987.

(2) In these Regulations the “Resources Regulations” mean the Supplementary Benefit (Resources) Regulations 19815.

S-2 Amendment of regulation 2(1) of the Resources Regulations

Amendment of regulation 2(1) of the Resources Regulations

2. In regulation 2(1) of the Resources Regulations (interpretation) after the definition of “claimant” there shall be inserted the following definition—

““concessionary payment” means a payment made otherwise than in accordance with either the Act, the Social Security Act, the Child Benefit Act 19756the Family Income Supplements Act 19707, or the Social Security and Housing Benefits Act 19828under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under any of the enactments referred to is charged;”.

S-3 Amendment of regulation 3(2) of the Resources Regulations

Amendment of regulation 3(2) of the Resources Regulations

3. In regulation 3(2) of the Resources Regulations (calculation of resources) after sub-paragraph (h) there shall be added the following sub-paragraph—

“(i)

“(i) any payment made by a local authority pursuant to section 34(6) or, as the case may be, section 50 of the Children Act 19759(custodianship payments) which represents a commutation of future periodical payments shall be treated as an income resource in accordance with regulation 9(2)(f).”.

S-4 Amendment of regulation 4(4) of the Resources Regulations

Amendment of regulation 4(4) of the Resources Regulations

4. For paragraph (4) of regulation 4 of the Resources Regulations (notional resources of students) there shall be substituted the following paragraphs—

S-4

“4 Where in determining the amount of a student’s grant or award an Education Authority has treated a contribution from his parent or spouse as applicable under the Awards Regulations or, as the case may be, by virtue of sections 73 and 74 of the Education (Scotland) Act 198010and the Allowances Regulations, the student shall be treated as possessing an income resource of an amount equal to the amount of that contribution.

S-4A

4A For the purposes of paragraph (4) “student” includes a person who was a student immediately before the first day of his normal summer vacation but does not include a person to whom regulation 6(a), (i) or (j) of the Conditions of Entitlement Regulations applies.”.

S-5 Amendment of regulation 6(1) of the Resources Regulations

Amendment of regulation 6(1) of the Resources Regulations

5. In regulation 6(1) of the Resources Regulations (capital resources to be disregarded) after sub-paragraph (1) there shall be added the following sub-paragraphs—

“(m)

“(m) any payment made by a local authority pursuant to section 34(6) or, as the case may be, section 50 of the Children Act 19759(custodianship payments), other than a payment to which regulation 3(2)(i) applies, which is—

(i) a commutation of periodical payments for maintenance in respect of a past period; or

(ii) a payment which if it were income would be disregarded by virtue of regulation 11(4)(j);

(n)

(n) for a period not exceeding 12 months from the date of receipt, any concessionary payment which is in respect of arrears of—

(i) attendance or mobility allowance under the Social Security Act,

(ii) supplementary benefit,

(iii) housing benefit.”.

S-6 Amendment of regulation 9(2) of the Resources Regulations

Amendment of regulation 9(2) of the Resources Regulations

6. In regulation 9(2) of the Resources Regulations (calculation of income resources) after sub-paragraph (e) there shall be added the following sub-paragraph—

“(f)

“(f) where a payment is one to which regulation 3(2)(i) applies—

(i) for the purposes of sub-paragraph (a) the period in respect of which the payment is to be taken into account is the period which would have applied had the commutated payments been made periodically; and

(ii) for the purposes of sub-paragraph (b), the payable date is the date on which the commutated payments would have been payable if made periodically; and

(iii) the...

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