Regulation 2 Determinations before 24th November 1980 in respect of periods after that day

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.

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.

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.

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.

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.

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 (notice of appeal and time of hearing) shall be modified in his case so that—