Regulation 11 Entitlement to long-term rate for normal requirements in certain cases

(1)

This regulation shall apply for the purposes of—

(a)

paragraphs 1(b) and 3(b) of the table for normal requirements of relevant persons and householders in paragraph 2(3) of Schedule 1 to the 1976 Act as amended by the 1980 Act (conditions for long-term rate of relevant persons and householders not of pensionable age);

(b)

regulation 7(5) of and paragraphs 1 and 2 of Schedule 1 to the Supplementary Benefits (Requirements) Regulations 1980 (long-term rate for certain persons other than couples and householders);

(c)

regulation 9(3) and (8) of the said regulations (long-term rate for boarders).

(2)

A claimant who does not satisfy the conditions for the appropriate long-term rate mentioned in paragraph (1) shall be treated as having satisfied them where he is either—

(a)

a person to whom paragraph 6(1)(b)(ii) of Schedule 1 to the 1976 Act (persons in receipt of supplementary allowance for a continuous period of two years or more) applies; or

(b)

a person whose supplementary allowance has been increased, by virtue of paragraph 4(1)(a) of the said Schedule 1, so that it might equal the amount it would have been had the said paragraph 6(1)(b)(ii) applied to him,

in respect of—

(c)

the benefit week beginning in the calendar week beginning 17th November 1980; or

(d)

any benefit week beginning before 24th November 1980 which is separated by a period of 13 weeks or less from the next benefit week in which he is entitled to supplementary allowance, being a benefit week beginning on or after that day.

(3)

In respect of a claimant to whom paragraph (2) does not apply but who is entitled to supplementary allowance in either the benefit week mentioned in sub-paragraph (c) of that paragraph or the first benefit week mentioned in sub-paragraph (d) of that paragraph, any period which—

(a)

falls before 24th November 1980; and

(b)

would, immediately before that day, fall to be taken into account in determining entitlement to a long-term rate or award of increase mentioned in sub-paragraph (a) or (b) of that paragraph,

shall be taken into account to the same extent for the purposes of the conditions of the appropriate long-term rate mentioned in paragraph (1).