Article 2 Appointed days

(1)

The day appointed for the coming into operation—

(a)

of the provisions of the Act specified in column 1 of Schedule 1 to this order shall be 19th July 1982;

(b)

of the provisions of the Act specified in column 1 of Schedule 2 to this order shall be 22nd November 1982;

(c)

of the provisions of the Act specified in column 1 of Schedule 3 to this order shall be 1st April 1983;

(d)

of the provisions of the Act specified in column 1 of Schedule 4 to this order shall be 4th April 1983.

and of section 28(1) to (4) of the Act shall be in accordance with following paragraphs of this article.

(2)

The provisions of section 28(1) to (4) of the Act shall come into operation as follows:—

(a)

on 22nd November in so far as they relate to rate rebate or rent rebate; and in their application to a person and his partner where that person fulfils the following condition:—

(i)

he or his partner is a tenant of a housing authority and that if he is a joint tenant he is a joint tenant only with his partner,

(ii)

he is entitled to qualifying supplementary benefit,

(iii)

his dwelling is occupied as a home only by himself or persons who are members of his assessment unit,

(iv)

the amount of qualifying supplementary benefit to which he is entitled exceeds his housing requirements, and

(v)

he is not a person to whom section 8(1) or 9 of the Supplementary Benefits Act 1976^f1 (persons affected by or returning to work after a trade dispute) applies;

(b)

On 1st April 1983 to the extent that they are not then in operation in so far as they relate to rate rebate and in their application to a person, and his partner, where that person is not a tenant of a housing authority;

(c)

on 4th April 1983 for all other purposes.

(3)

In paragraph (2) of this Article—

(a)

“assessment unit” means an assessment unit, being a claimant, partner and any dependant of his, within the meaning of regulation 2 of the Supplementary Benefit (Requirements) Regulations 1980 ^f2 (“Requirements Regulations”);

(b)

the reference to a person's “housing requirements” is to housing requirements assessed under the following provisions of the Requirements Regulations as though they applied to that person:—

(i)

regulation 15 ,

(ii)

regulation 19(a),

(iii)

regulation 19(b) in so far as it relates to sewerage and allied environmental services in Scotland,

(iv)

regulation 19(e),

(v)

regulation 19(g) in so far as it relates to the provisions set out in heads (ii) to (iv) above;

(c)

“partner” means a member of a married couple, being a man and woman who are married to each other and are members of the same household, or of an unmarried couple, being a man and a woman who are not married to each other but are living together as husband and wife as members of the same household;

(d)

“qualifying supplementary benefit” means supplementary pension or allowance under section 1 of the Supplementary Benefits Act 1976 which is payable to a person who for the purposes of the Requirements Regulations is responsible for housing expenditure except any such pension or allowance which is payable in accordance with section 4 of the Supplementary Benefits Act 1976 for the period to which regulation 5(3)(a) of the Supplementary Benefit (Urgent Cases) Regulations 1981 (first 14 days) applies.

Annotations

Footnotes

f1: sections 8(1) and 9 were amended by section 6(1) of and paragraphs 7 and 8 of Schedule 2 to the Social Security Act 1980 (c.30).
f2: the relevant amending instruments are S.I. 1980/1774, 1981/1016.