Supplementary Benefit (Transitional) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/984 |
1980 No. 984
SOCIAL SECURITY
The Supplementary Benefit (Transitional) Regulations 198014thJuly 1980
17thJuly 1980
11thAugust 1980
ARRANGEMENT OF REGULATIONS
1. Citation, commencement and interpretation
2. Determinations before 24th November 1980 in respect of periods after that day
3. Determinations on or after 24th November 1980 in respect of periods before that day
4. Reviews of and appeals to against determinations by the Commission
5. Requirement to register
6. Payments to third parties
7. Directions to attend courses of instruction or training
8. Recovery of expenditure on supplementary benefit
9. Proceedings to which the Commission is a party
10. Amounts payable where benefit reduced after 24th November 1980
11. Entitlement to long-term rate for normal requirements in certain cases
12. Persons who have been patients in psychiatric hospitals since before 17th November 1975.
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 8(1) of the Social Security Act 1980(a) and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals as required by section 10(1) of the Tribunals and Inquiries Act 1971(b), hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Supplementary Benefit (Transitional) Regulations 1980 and shall come into operation on 11th August 1980.
(2) In these regulations, unless the context otherwise requires—
"the 1976 Act" means the Supplementary Benefits Act 1976(c);
"the 1980 Act" means the Social Security Act 1980;
"the 1976 Act as amended by the 1980 Act" means the 1976 Act as it will be amended after the coming into force of section 6(1), (2) and (3) of and Schedule 2 to the 1980 Act(d);
(a) 1980 c. 30.
(b) 1971 c. 62.
(c) 1976 c. 71.
(d) The 1976 Act as amended by the 1980 Act (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 1980 Act.
"benefit week" has the meaning assigned to it in regulations made pursuant to section 2(2) of the 1976 Act and section 14(2)(f) of the 1976 Act as amended by the 1980 Act (days on which entitlement to supplementary pension or allowance is to begin or end or the amount thereof is to change);
"book of serial orders" means a book containing a series of orders for the payment of sums on account of benefit;
"calendar week" means a period of seven days beginning with the midnight between a Sunday and a Monday;
"claimant" means a claimant to supplementary benefit;
"Commission" means the Supplementary Benefits Commission.
(3) Except in so far as the context otherwise requires any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Determinations before 24th November 1980 in respect of periods after that day
2.—(1) Where any question relating to a claimant's entitlement to supplementary pension or allowance in respect of a period beginning on or after 24th November 1980 falls to be determined before that day, determination of that question shall be subject to the following paragraphs.
(2) Any such question which, if it had fallen to be determined on or after 24th November 1980, would fall to be determined by a benefit officer pursuant to the 1976 Act as amended by the 1980 Act, shall be determined by the Commission pursuant to that Act as so amended.
(3) Where before the coming into operation of these regulations a notice of determination or a book of serial orders has been issued which is or which contains any order in respect of a period beginning on or after 24th November 1980, for the purposes of any review or appeal the determination in respect of which that notice is given or order is made shall be deemed to have been made by the Commission pursuant to the 1976 Act as amended by the 1980 Act on the day on which these regulations come into force.
(4) Where by virtue of a determination by the Commission to which this regulation applies the amount of any supplementary pension or allowance to which a claimant would, but for this paragraph, be entitled, is less than 10 pence, that amount shall not be payable unless the claimant is also entitled to payment of any benefit under the Social Security Acts 1975 which is paid weekly and, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, supplementary pension or allowance is payable together with such a benefit.
(5) Section 15 of the 1976 Act (appeals) shall apply to a determination to which paragraph (2) or (3) applies as if the determination had been made under that Act.
(6) Where, by virtue of the preceding paragraph, a claimant has a right of appeal against a determination to an Appeal Tribunal, rule 5(2) of the Supplementary Benefit (Appeal Tribunal) Rules 1971(a) (notice of appeal and time of hearing) shall be modified in his case so that—
(a) 21 days notice of appeal shall not be required provided that notice is given before 22nd December 1980;
(a) S.I. 1971/680.
(b) no hearing of such an appeal shall be held until on or after 24th November 1980.
Determinations on or after 24th November 1980 in respect of periods before that day
3.—(1) This regulation shall apply to any question relating to a claimant's entitlement to supplementary benefit in respect of a period before 24th November 1980, including any claim for benefit pending on that day, which falls to be determined on or after that day.
(2) Any such question which, if it had fallen to be determined before 24th November 1980, would have fallen to be determined by the Commission, shall be determined by a benefit officer as if it had fallen to be determined before that day.
(3) Section 15 of the 1976 Act as amended by the 1980 Act (appeals) shall apply to a determination to which paragraph (2) applies as if...
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