Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980

JurisdictionUK Non-devolved
CitationSI 1980/1641

1980 No. 1641

SOCIAL SECURITY

The Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980

29thOctober 1980

3rdNovember 1980

24thNovember 1980Remainder1stApril 1981

ARRANGEMENT OF REGULATIONS

PART I

GENERAL

1. Citation and commencement

2. Interpretation

PART II

URGENT TRADE DISPUTE CASES

3. Urgent cases

4. Emergency relief

5. Dietary requirements

6. School transport costs of handicapped or disabled dependant

7. Maternity needs

8. Essential household equipment

9. Visits in cases of illness

10. Payment in urgent cases of pension or allowance which otherwise not to be made under section 6(1)(b) of the No 2 Act

11. Circumstances in which benefit in urgent cases is not to be recovered.

PART III

DISREGARD OF AN AMOUNT OF SPECIFIED PAYMENTS

12. Disregard of an amount of specified payments

PART IV

RECOVERY BY DEDUCTIONS FROM EARNINGS

13. Recovery by deductions from earnings

14. Notification of award

15. Service and contents of deduction notices

16. Period for which deduction notice has effect

17. Effect of deduction notice

18. Increase of amount of award on appeal or review

19. Review of determination of protected earnings

20. Power to serve further deduction notice on resumption of employment

21. Right of Secretary of State to recover direct from claimant

22. Duties and liabilities of employers

23. Claimants to give notice of cessation or resumption of employment

24. Transitional provision

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 1(3), 4(1) and (2) and 9(2) of the Supplementary Benefits Act 1976(a), section 8(1) of the Social Security Act 1980 and section 6(1) of the Social Security (No. 2) Act 1980(b) and of all other powers enabling him in that behalf, hereby makes the following regulations:—

PART I

GENERAL

Citation and commencement

1. These regulations may be cited as the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980 and shall come into operation on 24th November 1980 except for Part IV, other than regulation 24, which shall come into operation on 1st April 1981.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the Supplementary Benefits Act 1976;

"the No. 2 Act" means the Social Security (No. 2) Act 1980;

"allowance" means a supplementary allowance under section 1(1)(b) of the Act;

"assessment unit" means the claimant and any partner and dependant of the claimant;

"claimant", except in Part IV, means a claimant for supplementary benefit;

"close relative" means a parent, child, step-parent, step-child, brother or sister;

"dependant" means a person whose requirements and resources are by virtue of paragraph 3(2) of Schedule 1 to the Act aggregated with and treated as those of the claimant;

"partner" means one of a married or unmarried couple;

"pension" means a supplementary pension under section 1(1)(a) of the Act;

"Requirements Regulations" means the Supplementary Benefit (Requirements) Regulations 1980(c);

"Resources Regulations" means the Supplementary Benefit (Resources) Regulations 1980(d).

(a) 1976 c. 71; the Act as amended (other than sections 31, 32, 35 and 36 and Schedules 4 and 6 to 8) is set out in Part II of Schedule 2 to the Social Security Act 1980 (C30).

(b) 1980 c. 39.

(c) S.I. 1980/1299.

(d) S.I. 1980/1300.

(2) References in these regulations to a person affected by a trade dispute are to a person whose requirements fall to be disregarded to any extent by virtue of section 8.

(3) Except in so far as the context otherwise requires, any reference in these regulations to—

(a) a numbered section is to the section of the Act bearing that number;

(b) a numbered regulation is to the regulation in these regulations bearing that number and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

PART II

URGENT TRADE DISPUTE CASES

Urgent cases

3.—(1) Cases to which this Part of these regulations applies shall be urgent cases for the purposes of section 4 (provision for cases of urgent need).

(2) The circumstances in which payments in pursuance of section 4 shall be made to a person affected by a trade dispute, or any other member of the assessment unit, are those in which this Part of these regulations applies and section 8 (disregard of requirements of persons affected by trade disputes) shall not apply in respect of any requirements to which this Part of these regulations applies.

(3) An amount shall not be applicable in respect of an item under any of regulations 5 to 9—

(a) if or to the extent that the resources of the claimant (including those of any other member of the assessment unit) include any capital which falls to be disregarded under regulation 6(1)(b) or (2) of the Resources Regulations (proceeds of sale of home and capital of £2,000 or less) or a weekly amount of income which is disregarded under those regulations or under regulation 12 below; and

(b) unless the need for that item cannot be met—

(i) by any member of the assessment unit or by any other person, including working members of the same household, a public authority, trade union, emergency relief fund or comparable source, to whom or to which it is reasonable to expect the assessment unit to look for assistance, or

(ii) from any credit facilities available to any member of the assessment unit,

and the application of the regulation is the only means by which that need can be met.

(4) In relation to any case to which any of regulations 5 to 9 applies, paragraph 2 of Schedule 1 to the Act (requirements) shall be modified so that an amount, determined in accordance with that regulation, shall be applicable for additional requirements.

Emergency relief

4. Where a member of the assessment unit is affected by a trade dispute Part II of the Supplementary Benefit (Urgent Cases) Regulations 1980(a) (emergency relief) shall apply notwithstanding the exclusion, in relation to such cases, in regulation 6(1)(b) of those regulations and Parts I and V (general and recovery) of those regulations shall also apply.

(a) S.I. 1980/1642.

Dietary requirements

5.—(1) Where a member of the assessment unit who is affected by a trade dispute needs a special diet because he suffers from—

(a) renal failure for which he is treated by dialysis; or

(b) a condition for which he has to follow a diet which involves a cost of not less than the amount specified in paragraph (2)(a),

there shall, subject to regulation 3(3), be applicable to the claimant under paragraph 2 of Schedule 1 to the Act as an item of additional requirements an amount determined in accordance with sub-paragraph (a) or (b) of paragraph (2) below but amounts shall not be applicable under both of those sub-paragraphs in respect of the same person.

(2) The amounts referred to in paragraph (1) shall be—

(a) where paragraph (1)(a) applies, the weekly amount of £8.00;

(b) where paragraph (1)(b) applies, the cost of the diet calculated on a weekly basis.

(3) For the purposes of paragraphs (1)(b) and (2)(b) the amount of the cost of a diet shall exclude any amount which is attributable to proprietary foods or substances which are available under the National Health Service Act 1977(a) or, in Scotland, the National Health Service (Scotland) Act 1978(b).

(4) The requirements which by virtue of section 1(3) (exclusion of medical etc requirements) are not included in a person's requirements exclude the items to which this regulation relates.

School transport costs of handicapped or disabled dependant

6. Where—

(a) a member of the assessment unit is affected by a trade dispute;

(b) a dependant who is handicapped or disabled needs special transport to or from school; and

(c) the transport is not provided by a local authority,

there shall, subject to regulation 3(3), be applicable to the claimant under paragraph 2 of Schedule 1 to the Act as an item of additional requirements the cost, calculated on a weekly basis, of the essential fares or cost, within Great Britain, of the transport.

Maternity needs

7.—(1) Where—

(a) a member of the assessment unit is affected by a trade dispute and has already been so affected for a continuous period of not less than 11 weeks; and

(b) a member of the assessment unit either is pregnant and in the expected week of confinement or has given birth after the period mentioned in sub-paragraph (a) has already continued for at least 11 weeks,

there shall, subject to regulation 3(3), be applicable to the claimant under paragraph 2 of Schedule 1 to the Act as an item of additional requirements the cost of such items as are necessary to meet the immediate needs of the child, other than any item to which section 1(3) (exclusion of medical etc requirements) applies.

(2) Paragraphs (2) to (4) of regulation 7 (maternity needs) of, and Schedule 1 (bedclothes) and Part VI of Schedule 2 (baby clothing) to, the Supplementary

(a) 1977 c. 49.

(b) 1978 c. 29.

Benefit (Single Payments) Regulations 1980(a) shall apply for the purposes of determining—

(a) the items to which paragraph (1) shall apply; and

(b) the amounts applicable for those items (including any reduction in those amounts in respect of maternity grant paid under the Social Security Act 1975).

Essential household equipment

8.—(1) Where the conditions in paragraph (2) are satisfied there shall, subject to regulation 3(3), be applicable to the claimant under paragraph 2 of Schedule 1 to the Act as an item of additional requirements an amount determined in accordance with paragraph (3).

(2) The conditions mentioned in paragraph (1) are that—

(a) a member of the assessment unit is affected by a trade dispute;

(b) an item of essential household equipment has broken down and is in need of repair or a fireguard is needed.

(3) The amount mentioned in paragraph (1) shall be—

(a) where immediate repairs are practicable and the cost would not exceed the cost, otherwise than by hire...

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