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Regulation 2 Amendment of the Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation shall amend the Supplementary Benefit (Deductions and Payments to Third Parties) Regulations 1980.

(2)

In regulation 1(2) (interpretation), in the definition of “mortgage payment” for the references to “regulation 15” and “regulation 17” there shall be substituted references to “regulation 16” and “regulation 18” respectively.

(3)

In regulation 3 (regular payments to third parties for housing and fuel requirements)—

(a)

in paragraph (1)—

(i)

for the words from the beginning to “item of expenditure” there shall be substituted the words “Where a claimant has been awarded a pension or allowance, and either he or his partner is in debt, other than in circumstances to which paragraph (6) applies, for any item of expenditure”,

(ii)

heads (i) and (ii) shall be designated as sub-paragraphs “(a)” and “(b)” respectively;

(b)

in paragraph (3)(a) (amounts deductible in respect of housing and fuel items), for the words “paragraph (1)(b) applies” there shall be substituted the words “paragraph (1)(a) or (b) applies or where the debt owed is in respect of an account which includes more than one housing item,”;

(c)

in paragraph (4) (variations of amounts deductible)—

(i)

in sub-paragraph (b) (disregarded resources), for the reference to “paragraph (1)(b)(ii)” there shall be substituted a reference to “paragraph (1)(b)”, and for the words beginning “by an amount” to the end there shall be substituted the words “by not more than half the amount of the reduction; and any increase under this paragraph shall have priority over any increase which would, but for this paragraph, be made under regulation 26(2)(b) of the Supplementary Benefit (Urgent Cases) Regulations 1980 (recovery of payments made in urgent cases)”,

(ii)

in sub-paragraph (c)(i) (minimum amount to be left in payment), for the words beginning “Social Security” to “such a benefit” there shall be substituted the words “Social Security Act 1975 f1 together with which, under arrangements made by the Secretary of State either throughout or in any part of Great Britain, pension or allowance is paid”,

(iii)

in sub-paragraph (e) (maximum amounts deductible), for the word “payment” the third time it occurs there shall be substituted the word “deduction”, and after the reference to “paragraph (3)(a),” there shall be added at the end the words “but, in a case to which paragraph (2) of regulation 7 of the Supplementary Benefit (Duplication and Overpayment) Regulations 1980 (higher maximum deductible in certain cases) applies, a further sum, not exceeding the difference between the maximum amount specified in that paragraph and the maximum which would otherwise apply under this sub-paragraph, may be deducted in respect of the payment to be recovered,”;

(d)

in paragraph (6)(b) (debts for fuel items to which the regulation does not apply), for the reference to “paragraph (4)” there shall be substituted a reference to “paragraph (4)(c)”.

(4)

In regulation 6 (payment of certain accommodation charges)—

(a)

in paragraph (1), after the words “and to whom” there shall be inserted the words “regulation 9 of the Requirements Regulations (modification of normal requirements of boarders) or”;

(b)

after paragraph (1) there shall be added the following paragraph:—

“(1A)

In a case to which the said regulation 9 applies, where the claimant is resident at a place provided by a voluntary organisation for purposes similar to the purposes for which resettlement units are provided by the Secretary of State or at a centre providing facilities for alcoholics or drug addicts, that part of the claimant's pension or allowance which is in respect of charges for board and lodging shall be paid to that voluntary organisation or centre.”;

(c)

in paragraph (2), for the words from the beginning to “this regulation” there shall be substituted the words “In any case to which the said paragraph 5, 6 or 7”.

Annotations

Footnotes

f1

see also section 66(2) of the Social Security Pensions Act 1975 (c.60).