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Supplementary Benefits Act 1976

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Supplementary Benefits

    1. Right to and amount of supplementary benefits

      1. 1.Right to supplementary benefits

      2. 2.Determination of right to and amount of supplementary benefits

      3. 3.Supplementary benefit to meet exceptional needs

      4. 4.Overriding discretion in cases of urgent need

      5. 5.Power to require registration for employment

      6. 6.Exclusion from supplementary benefit of persons in fulltime employment

      7. 7.Exclusion from supplementary benefit of persons completing secondary education

      8. 8.Persons affected by trade disputes

      9. 9.Recovery of supplementary benefit paid after return to full-time employment following trade dispute

      10. 10.Modification of right to supplementary allowance in special cases

      11. 11.Supplementary benefit in kind

    2. Supplementary provisions

      1. 12.Prevention of duplication of payments

      2. 13.Payment of supplementary benefits

      3. 14.Administration of supplementary benefits

      4. 15.Appeals

      5. 16.Supplementary benefits to be inalienable

  3. PART II Liability to Maintain, Recovery of Expenditure and Offences

    1. Liability to maintain

      1. 17.Liability to maintain

    2. Recovery of expenditure

      1. 18.Recovery of expenditure on supplementary benefits from persons liable for maintenance

      2. 19.Affiliation orders

      3. 20.Recovery in cases of misrepresentation or non-disclosure

    3. Offences

      1. 21.False statements

      2. 22.Impersonation of officers

      3. 23.Illegal possession of documents

      4. 24.Failure to notify cessation of employment or re-employment etc.

      5. 25.Failure to maintain

    4. Legal proceedings

      1. 26.Legal proceedings

  4. PART III Administration, General and Supplemental

    1. Administration

      1. 27.General duty, constitution etc. of Supplementary Benefits Commission

      2. 28.The Appeal Tribunal

      3. 29.Inspectors

      4. 30.Re-establishment centres and reception centres

    2. General and supplemental

      1. 31.Reciprocal arrangements with Northern Ireland

      2. 32.Reciprocity with other countries

      3. 33.Rules and regulations

      4. 34.Interpretation

      5. 35.Transitional provisions, savings, amendments and repeals

      6. 36.Short title, extent and commencement

  5. SCHEDULES

    1. SCHEDULE 1

      Provisions for Determining Right to and Amount of Supplementary Benefits

      1. PART I General

        1. Amount of supplementary benefits and calculation of requirements and resources

          1. 1.(1) Subject to the following provisions of this Part of...

        2. Negligible amounts

          1. 2.(1) Where the weekly amount of any supplementary benefit would...

        3. Aggregation of requirements and resources

          1. 3.(1) Where— (a) a husband and wife are members of...

        4. Adjustment for exceptional circumstances

          1. 4.(1) Where there are exceptional circumstances— (a) supplementary benefit may...

      2. PART II Calculation of Requirements

        1. Application of paragraphs 7 to 11

          1. 5.(1) Subject to sub-paragraph (2) below, the amounts specified in...

        2. Amounts preceded by A, B or C

          1. 6.(1) Where, in paragraphs 7 and 8 of this Schedule,...

        3. Normal requirements

          1. 7.Requirements of persons, other than blind persons— £ (a) husband...

        4. Blind persons

          1. 8.Requirements of persons who are or include blind persons— £...

        5. Persons disqualified for unemployment benefit

          1. 9.(1) If a person's right to a supplementary allowance is...

        6. Attendance requirements

          1. 10.(1) The amounts applicable under paragraphs 5 to 9 of...

        7. Rent

          1. 11.(1) The amounts applicable under paragraphs 5 to 10 of...

        8. Trade disputes

          1. 12.Requirements of persons falling within paragraph 3 of this Schedule,...

        9. Persons in local authority homes

          1. 13.Requirements of a person for whom accommodation is provided under...

        10. Persons in hospital

          1. 14.Requirements of a person residing as a patient in any...

        11. Persons paying for board and lodging

          1. 15.Requirements of a person paying inclusive charge for board and...

        12. Persons in legal custody

          1. 16.Requirements of a person in prison or otherwise detained in...

      3. PART III Calculation of Resources

        1. Disregard of capital value of dwelling

          1. 17.In taking into account the value to any person of...

        2. Resources wholly disregarded

          1. 18.There shall be wholly disregarded— (a) any maternity grant under...

          2. 19.If the value of the capital resources taken into account...

        3. Calculation of income from capital resources

          1. 20.The capital resources taken into account, together with any income...

        4. Net weekly earnings

          1. 21.For the purposes of this Schedule a person's net weekly...

        5. Earnings

          1. 22.(1) Subject to sub-paragraphs (2) and (3) below, the weekly...

        6. Disregard of £4 a week of certain income

          1. 23.(1) Subject to the provisions of this paragraph and of...

          2. 24.(1) In the case of a person who has preserved...

        7. Limited disregard of occupational pensions etc.

          1. 25.(1) There shall not be disregarded under paragraph 23 of...

        8. Specific resources falling to be treated as income

          1. 26.(1) In calculating a person's resources for the purposes of...

        9. Further reduction of resources

          1. 27.Any resources not specified in the foregoing provisions of this...

        10. Resources deliberately abandoned

          1. 28.If a person has deprived himself of any resources for...

        11. Discretionary trusts

          1. 29.Any sum which is held on a discretionary trust for...

        12. Attribution of assets

          1. 30.(1) Subject to paragraph 29 of this Schedule and to...

    2. SCHEDULE 2

      Recovery of Sums Paid by way of Supplementary Benefit on Awards made by Virtue of Section 9(1) of this Act

      1. PART I General

        1. 1.(1) In this Schedule— " available earnings ", in relation...

      2. PART II Recovery of Supplementary Benefit Paid

        1. Service and contents of deduction notices

          1. 2.(1) Where the Secretary of State receives a notification of...

        2. Period for which deduction notice has effect

          1. 3.(1) A deduction notice shall come into force when it...

        3. Effect of deduction notice

          1. 4.(1) While a deduction notice is in force in respect...

        4. Power to serve further deduction notice in certain circumstances

          1. 5.(1) Where a deduction notice has ceased to have effect...

        5. Liability of employers

          1. 6.(1) A person who by virtue of a deduction notice...

        6. Right of Secretary of State to recover directly from claimant

          1. 7.(1) Where the Secretary of State has received a notification...

        7. Increase of amount of award on appeal or review

          1. 8.If, after the Secretary of State has received a notification...

      3. PART III Purposes for which Provision may be made by the Regulations

        1. 1.Any purpose for which provision is, by section 9 of...

        2. 2.For requiring, in such cases as may be prescribed, notice...

        3. 3.For requiring or enabling the Commission, in such circumstances as...

        4. 4.For enabling the Secretary of State to vary any deduction...

        5. 5.For modifying the operation of Part II of this Schedule,...

    3. SCHEDULE 3

      Constitution and Proceedings of Supplementary Benefits Commission

      1. 1.(1) The Supplementary Benefits Commission shall continue by that name...

      2. 2.Every member of the Commission shall hold and vacate office...

      3. 3.A person who has ceased to be a member of...

      4. 4.The Commission may act notwithstanding any vacancy among their members....

      5. 5.The procedure and quorum of the Commission shall be such...

      6. 6.The Secretary of State may out of moneys provided by...

      7. 7.Every document purporting to be an instrument issued by the...

    4. SCHEDULE 4

      Constitution, Jurisdiction and Proceedings of Appeal Tribunals

      1. 1.Each of the tribunals shall consist of a chairman and...

      2. 2.Each tribunal shall have jurisdiction in respect of such district...

      3. 3.(1) The chairman and other members of every tribunal shall...

      4. 4.The Secretary of State shall pay to the chairman or...

      5. 5.The Secretary of State shall assign to each tribunal a...

      6. 6.(1) The Secretary of State may make rules—

    5. SCHEDULE 5

      Re-Establishment Centres and Reception Centres

      1. Re-establishment centres

        1. 1.(1) The Commission may provide centres, known as re-establishment centres,...

      2. Reception centres

        1. 2.(1) It shall be the duty of the Commission to...

      3. Accommodation in reception centres in special cases

        1. 3.(1) This paragraph applies to reception centres (in this paragraph...

      4. Contributions to centres maintained by voluntary organisations

        1. 4.The Commission may make contributions to the funds of any...

    6. SCHEDULE 6

      Transitional Provisions and Savings

      1. PART I

        1. General Provisions

          1. 1.(1) In so far as any order, rule, regulation, appointment,...

          2. 2.(1) Paragraph 1 above applies in particular to any claim...

          3. 3.Any order made after the commencement of this Act, and...

      2. PART II

        1. Specific Provisions (including some retained from previous Acts)

          1. 4.The following enactments as having effect at the commencement of...

          2. 5.Any enactment or instrument that is to be construed in...

          3. 6.(1) The following provisions of this paragraph shall apply where,...

          4. 7.Any appeal which, by virtue of paragraph 2 of Schedule...

          5. 8.(1) Any proceedings for the recovery of a sum which,...

    7. SCHEDULE 7

      Consequential Amendments

      1. Polish Resettlement Act 1947

        1. 1.In section 3 of the Polish Resettlement Act 1947—

        2. 2.In the Schedule to that Act, in paragraph 4—

      2. National Assistance Act 1948

        1. 3.In section 22 of the National Assistance Act 1948—

        2. 4.In section 43 of that Act, there shall be inserted...

        3. 5.In section 53 of that Act, for the words "...

        4. 6.In Schedule 6 to that Act— (a) in paragraph 4(2),...

      3. Maintenance Orders Act 1950

        1. 7.In section 3(1) of the Maintenance Orders Act 1950, the...

        2. 8.In section 4 of that Act— (a) at the end...

        3. 9.In section 8(1) of that Act, after the words "Children...

        4. 10.In section 9 of that Act— (a) at the end...

        5. 11.In section 11(1) of that Act, the word " or...

        6. 12.In section 12 of that Act— (a) at the end...

        7. 13.In section 16(2) of that Act— (a) at the end...

      4. Ecclesiastical Jurisdiction Measure 1963

        1. 14.In section 55(7) of the Ecclesiastical Jurisdiction Measure 1963, as...

      5. Legal Aid (Scotland) Act 1967

        1. 15.In section 4(5) of the Legal Aid (Scotland) Act 1967—...

      6. Income and Corporation Taxes Act 1970

        1. 16.In section 219(2) of the Income and Corporation Taxes Act...

      7. Administration of Justice Act 1970

        1. 17.In Schedule 8 to the Administration of Justice Act 1970—...

      8. Local Authority Social Services Act 1970

        1. 18.In Schedule 1 to the Local Authority Social Services Act...

      9. Family Income Supplements Act 1970

        1. 19.In section 7(3) of the Family Income Supplements Act 1970,...

      10. Attachment of Earnings Act 1971

        1. 20.In Schedule 1 to the Attachment of Earnings Act 1971—...

        2. 21.In Schedule 4 to that Act (as having effect in...

      11. Tribunals and Inquiries Act 1971

        1. 22.In the Tribunals and Inquiries Act 1971—

      12. Housing (Financial Provisions) (Scotland) Act 1972

        1. 23.In section 22(1) of the Housing (Financial Provisions) (Scotland) Act...

        2. 24.In paragraph 9(2)(g) of Schedule 2 to that Act, for...

        3. 25.In Schedule 3 to that Act— (a) in paragraph 17(1),...

      13. Housing Finance Act 1972

        1. 26.In section 26(1) of the Housing Finance Act 1972, for...

        2. 27.In paragraph 9(2)(g) of Schedule 3 to that Act, for...

        3. 28.In Schedule 4 to that Act— (a) in paragraph 16(1),...

      14. Affiliation Proceedings (Amendment) Act 1972

        1. 29.In section 3(1)(a) of the Affiliation Proceedings (Amendment) Act 1972,...

      15. National Health Service Reorganisation Act 1973

        1. 30.In subsection (1) of section 50 of the National Health...

      16. Employment and Training Act 1973

        1. 31.In section 12(2)(b) of the Employment and Training Act 1973,...

      17. Local Government (Scotland) Act 1973

        1. 32.In section 113(1) of the Local Government (Scotland) Act 1973,...

      18. Legal Aid Act 1974

        1. 33.In each of the following provisions of the Legal Aid...

        2. 34.In section 11(6) of that Act— (a) for the words...

        3. 35.In paragraph 3(c) of Part I of Schedule 1 to...

      19. National Insurance Act 1974

        1. 36.In section 6(1) of the National Insurance Act 1974, for...

      20. Social Security Act 1975

        1. 37.In section 80(2)(b) of the Social Security Act 1975, for...

      21. Criminal Procedure (Scotland) Act 1975

        1. 38.In Schedule 4 to the Criminal Procedure (Scotland) Act 1975,...

      22. House of Commons Disqualification Act 1975

        1. 39.In Part III of Schedule 1 to the House of...

      23. Employment Protection Act 1975

        1. 40.In section 112 of the Employment Protection Act 1975—

        2. 41.In section 113 of that Act, for the words "the...

    8. SCHEDULE 8

      Repeals

      1. PART I Immediate Repeals

      2. PART II Deferred Repeals

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