# The Supplementary Benefit (Transitional) Regulations 1980, Note: Explanatory note


These Regulations make transitional provisions connected with or arising out of the amendments to the Supplementary Benefits Act 1976 by the Social Security Act 1980 and brought into force on 24th November 1980 by the Social Security Act 1980 (Commencement No. 1) Order 1980 (S.I. 1980/729).
Regulation 2 makes provision for questions relating to entitlement to supplementary pension or allowance for periods after 24th November 1980, but which are to be determined before that day, to be determined by the Supplementary Benefits Commission (“the Commission”), for the minimum benefit payable in respect of such determinations, and for appeals provisions to apply, subject to modifications, to such determinations. Regulation 3 provides for questions relating to supplementary benefit for periods before that day, but which are to be determined after that day, to be determined by a benefit officer, and enables a benefit officer to review any determination of the Commission. Under regulation 4 an appeal against a determination of the Commission may be brought after that day and a benefit officer is to be a party to any proceedings in an appeal against a determination of the Commission heard after that day. Regulations 5 to 7 contain provisions for any condition to register for employment or arrangement to pay benefit to a third party made by the Commission before 24th November 1980 or any direction to attend a course as a condition of benefit given before that day to have effect after that day.
Regulation 8 provides that after that day proceedings for recovery of any sum which could have been taken before that day by the Commission may be taken by the Secretary of State, and regulation 9 for the substitution of the Secretary of State for the Commission in any proceedings pending on that day (other than before Appeal Tribunals). Regulation 10 provides for payment of an additional amount of supplementary pension or allowance where after 24th November 1980 a person becomes entitled to less benefit than he would have been had the amendments to the 1976 Act not come into operation. Regulation 11 relates to the long-term rate for normal requirements where the conditions for that rate could not be satisfied by persons in receipt of supplementary allowance before 24th November 1980. Regulation 12 provides that certain persons who have been in psychiatric hospitals since before 17th November 1975 and who are treated before 24th November 1980 as having nil requirements for the purposes of supplementary benefit shall continue after 24th November 1980 to be treated as having nil requirements.

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Source: https://www.legislation.gov.uk/uksi/1980/984/note (the official version)
Page: https://openlegislation.uk/supplementary-benefit-transitional-regulations-1980/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.