OSCE/ODIHR Opinion on the Draft Amendments to the Criminal Procedure Code of the Republic of Armenia
Subject to the provisions of this Act, every person in Great Britain of or over the age of 16 whose resources are insufficient to meet his requirements shall be entitled to benefit as follows— and to such benefit by way of a single payment to meet an exceptional need as may be determined under section 3 of this Act.
a supplementary pension if he has attained pensionable age, that is to say, in the case of a man, the age of 65 and, in the case of a woman, the age of 60; or
a Supplementary allowance if he has not attained pensionable age;
Where, under the provisions of this Act, the requirements and resources of any person fall to be aggregated with, and treated as, those of another person, that other person only shall be entitled to supplementary benefit.
The requirements of any person to be taken into account for the purposes of this Act do not include any medical, surgical, optical, aural or dental requirements.
Subject to section 15 of this Act (appeals), the question whether any person is entitled to supplementary benefit, and the amount of any such benefit, shall be determined by the Supplementary Benefits Commission.
Entitlement to, and the amount of, any supplementary benefit shall be determined in accordance with:—
the provisions of this Part of this Act and Schedule 1 to this Act; and
any regulations made by the Secretary of State, with the consent of the Treasury, under this subsection.
Regulations so made may vary the provisions of Part II of Schedule 1 to this Act (calculation of requirements) but shall not reduce any amount specified in those provisions.
Where it appears to the Commission reasonable in all the circumstances they may determine that supplementary benefit shall be paid to a person by way of a single payment to meet an exceptional need.
In determining whether supplementary benefit shall be paid under this section, and the amount of any such benefit, the Commission may have regard to any resources which would otherwise fall to be disregarded under Part III of Schedule 1 to this Act (calculation of resources).
Nothing in sections 6 to 8 of this Act (persons in full-time employment, persons completing secondary education and persons affected by trade disputes), nor any determination under section 10(3) or (4) of this Act (attendance for instruction or training, or maintenance in a centre), shall prevent the payment of supplementary benefit in an urgent case.
In determining whether any supplementary benefit is payable by virtue of this section, and the amount or nature of any such benefit, the Commission shall not be bound by anything in Schedule 1 to this Act, or in any regulations made under this Act, which appears to them inappropriate in the circumstances of the case.
Where, by virtue only of this section, any sums are paid to a person engaged in remunerative full-time work, the Commission may determine that the whole or part of those sums shall be recoverable from him by the Secretary of State, if (hey are satisfied that the circumstances are such that the recovery would be equitable.
The Commission may determine that the right of any person to a supplementary allowance shall be subject to the condition that he is registered for employment in such manner as may be prescribed by regulations made by the Secretary of State under this section.
Except as provided in the following provisions of this section and in section 9(1) of this Act (supplementary benefit paid after a return to full-time employment following a trade disputes), for any period during which a person is engaged in remunerative full-time work he shall not be entitled to supplementary benefit.
The Secretary of State may, by regulations made under this subsection, make provision for postponing the exclusion of persons becoming engaged in remunerative full-time work from a right to supplementary benefit under subsection (1) above for such period from the beginning of their engagement as may be specified in the regulations.
There is no exclusion from a right to supplementary benefit under subsection (1) above where the earning power of a self-employed person is, by reason of a disability, substantially reduced in comparison with that of other persons similarly occupied. In this subsection " self-employed person" means a person engaged in any work otherwise than under a contract of service.
A person attending a school, or receiving full-time instruction of a kind given in schools, shall not be entitled to supplementary benefit; but, where it appears to the Commission that there are exceptional circumstances justifying it, they may award supplementary benefit to a person who would be entitled to it but for this section.
The Secretary of State may, by regulations made under this section, specify the circumstances in which a person is, or is not, to be treated for the purposes of this section as attending a school or receiving full-time instruction of a kind given in schools.
This section does not prejudice the amount of any supplementary benefit to which a person who is providing for the requirements of any person attending a school, or receiving full-time instruction of a kind given in schools, may be entitled.
Subject to subsection (2) below, where a person— his requirements for that period shall be disregarded for the purposes of supplementary benefit except so far as those requirements include the requirement to provide for any other person.
is, by reason of a stoppage of work which is due to a trade dispute at his place of employment, without employment for any period during the stoppage; and
has not during that stoppage become bona fide employed elsewhere in the occupation which he usually follows, or become regularly engaged in some other occupation;
Subsection (1) above does not apply in the case of a person who proves that he is not participating in or directly interested in the trade dispute which caused the stoppage of work.
Until section 111(2) of the Employment Protection Act 1975 has effect (in accordance with an order under section 129(3) of that Act), for subsection (2) above there shall be substituted the following—.
Where a person— section 6 of this Act (exclusion of persons in full-time employment) shall not apply in his case until the expiration of the period of fifteen days from the beginning of the engagement mentioned in paragraph (c) above ; but subsection (2) below shall have effect in such a case.
has, by reason of a stoppage of work which was due to a trade dispute at his place of employment, been without employment for any period during the stoppage ; and
is a person whose requirements for that period (except so far as those requirements included the requirement to provide for any other person) fall to be disregarded for the purposes of supplementary benefit by virtue of section 8 of this Act (persons affected by trade disputes); and
becomes engaged in remunerative full-time work again in consequence of the ending of the stoppage ;
Any sum paid to a person on an award of supplementary benefit made to him during the period of fifteen days specified in subsection (1) above by virtue of that subsection shall be recoverable from him in accordance with the provisions of Part II of Schedule 2 to this Act.
Regulations made under section 6(2) of this Act (postponement of exclusion from benefit in the case of persons becoming engaged in remunerative full-time work) shall not apply to a person to whom subsection (1) above applies as regards the engagement mentioned in paragraph (c) of that subsection.
Where, on a claim for supplementary benefit made by a person engaged in remunerative full-time work, the Commission determine that the claimant is, by virtue of subsection (1) above, entitled to supplementary benefit, and award benefit to him accordingly, they shall—
determine, in accordance with subsection (5) below, the claimant's protected earnings for the purposes of Part II of Schedule 2 to this Act (that is to say, the amount below which the earnings actually paid to him for any week in respect of that remunerative full-time work must not be reduced by any deduction made under that Part); and
give to him and to the Secretary of State notice in writing—
stating that they have made an award of supplementary benefit to the claimant as a person entitled thereto by virtue of subsection (1) above and that accordingly any sum paid to him on that award will be recoverable from him as provided in subsection (2) above; and
specifying the amount of supplementary benefit awarded to the claimant and his protected earnings for the purposes of the said Part II as determined by them.
For the purposes of Part II of Schedule 2 to this Act the protected earnings of a person shall be the sum determined by—
taking the amount of his weekly requirements, calculated in accordance with paragraphs 1 and 3 and Part II of Schedule 1 to this Act;
adding £3 ; and ;
subtracting from the result the aggregate weekly amount of any child benefit which falls to be taken into account in calculating his resources for the purposes of this Act.
If it appears to the Secretary of State that, in cases where two or more persons falling within subsection (1)(a) and (b) above also fall within subsection (1)(c) above in consequence of the ending of the same stoppage of work, anomalies in the operation of this section would result from the arrangements for dealing with claims for supplementary benefit, the Secretary of State may, by regulations made under this subsection, make such provision as he thinks appropriate for securing that this section will operate uniformly in relation to both or all of those persons.
No provision shall be made by regulations under subsection (6) above which would result in any supplementary benefit paid to a person being recoverable from him by virtue of subsection (2) above where that benefit is paid to him in circumstances in which it would not be so recoverable but for such regulations.
Until 4th April 1977, for subsection (5)(c) above there shall be substituted the following—.
Where it appears to the Commission that a person claiming or in receipt of a supplementary allowance, who is not in receipt of unemployment benefit under Chapter I of Part II of the Social Security Act 1975, refuses or neglects to maintain himself or any person whom, for the purposes of this Act, he is liable to maintain, the Commission may make a report to the Appeal Tribunal, and the tribunal, after giving him an opportunity of being heard, may direct that, during such period as may be specified in the direction, he shall be subject to the following provisions of this section.
Where a person in whose case a direction under subsection (1) above is in force represents to the Appeal Tribunal that there has been a change of circumstances and that, by reason of that change, the direction ought to be revoked, the tribunal, after giving the Commission an opportunity of being heard, may, if it thinks fit, revoke the direction.
The Commission may determine that the right of a person to a supplementary allowance for the whole or part of the period specified in a direction in force in his case under subsection (1) above shall be subject to the condition that he attends such course of instruction or training as the Commission may specify, being a course approved by the Secretary of State for the purposes of this section, and that he shall comply with the rules in force at the place where such instruction or training is given.
The Commission may determine that a person in whose case a direction under subsection (1) above is in force shall, instead of being entitled to a supplementary allowance for the whole or part of the period specified in that direction, be entitled—
to be maintained either in a re-establishment centre provided under section 30 of this Act or in accordance with arrangements under subsection (5) below; and
to such payments (if any) for meeting his personal requirements, or the requirements of any dependant of his, as they think fit.
The Commission may, on behalf of the Secretary of State, enter into arrangements with a Government department, or with a voluntary organisation, for the maintenance of persons in whose case directions under subsection (1) above are in force in a centre provided by the department or organisation for purposes similar to the purpose for which a re-establishment centre may be provided by the Commission under section 30 of this Act.
Where it appears to the Commission that, by reason of exceptional circumstances, the requirements of any person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Act, they may determine that goods or services shall be so provided under arrangements made by them on behalf of the Secretary of State.
In making a determination under this section to meet sudden and urgent need the Commission may dispense with inquiry into resources or other circumstances and with compliance with any regulations made under this Act.
In relation to any goods or services provided in pursuance of this section, references in this Act to the amount of supplementary benefit shall be taken to refer to the value of the goods or services.
Where, in determining the amount of any supplementary benefit, the requirements of any person have been taken into account for a period for which he is entitled to payments in respect of— those payments may, at the discretion of the authority administering the said benefits, allowances or supplement, be abated by the amount by which the amounts paid under this Act exceed what the Commission determine they would have been had those payments been made before the amount of the supplementary benefit was determined.
benefit (other than a maternity grant or a death grant) under Part II of the Social Security Act 1975 or Part II of the Social Security Pensions Act 1975 ;
child benefit;
allowances under section 2 (schemes for supplementing workmen's compensation) or allowances or other benefit under section 5 (industrial diseases benefit) of the Industrial Injuries and Diseases (Old Cases) Act 1975 ; or
a family income supplement under the Family Income Supplements Act 1970;
Where for any period— the amount of, or of the increase in, the relevant social security benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid under this Act exceed what the Commission determine they would have been had A, at the time the amount of the supplementary benefit was determined, been making payments for the maintenance of B at a rate equal to the amount of the relevant social security benefit, or of the increase in the relevant social security benefit, as the case may be.
a person (in this subsection referred to as A) is entitled to, or to an increase in the amount of, any such benefit or allowance as is mentioned in subsection (1)(a) to (c) above (" the relevant social security benefit") in respect of another person (in this subsection referred to as B); and
B's requirements have been taken into account in determining the amount of any supplementary benefit payable for that period to B or some other person (other than A); and
the amount of the supplementary benefit so payable has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of, or of the increase in, the relevant social security benefit;
Where, in determining the amount of any supplementary benefit, the requirements of any person have been taken into account for the whole or part of a period in respect of which there might be afforded or granted to him— and before the whole or part of the rebate or allowance has been afforded or granted, the authority administering the rebate or allowance, as the case may be, are notified by the Commission of the amount by which the amounts paid under this Act exceed what the Commission have determined they would have been had the rebate or allowance been afforded or granted before the amount of the supplementary benefit was determined, the amount of the rebate or allowance to be afforded or granted shall be reduced by the amount so notified.
a rate rebate under a scheme under section 11 or 12 of the Local Government Act 1974 or, in Scotland, the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973 (including that scheme as varied under section 114 of that Act); or
a rebate or allowance under Part II of the Housing Finance Act 1972 or, in Scotland, Part II of the Housing (Financial Provisions) (Scotland) Act 1972;
Until 6th April 1979, in subsection (1)(a) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted ; and, until 4th April 1977, for subsection (1)(b) above there shall be substituted the following—.
Any sums payable under this Act by way of supplementary benefit shall be paid by the Secretary of State out of moneys provided by Parliament.
The Secretary of State may, by regulations made under this section, make provision for carrying into effect this Part of this Act and Schedule 1 and Part II of Schedule 2 to this Act.
Without prejudice to the generality of subsection (1) above, the Secretary of State may, by regulations made under this section, make provision—
for requiring claims for supplementary benefit to be made in such manner as may be specified in the regulations ;
for requiring—
claims for a supplementary pension or supplementary allowance to be made, subject to any exceptions allowed by or under the regulations, not later than the beginning of the first period for which it is payable; and
claims for any other supplementary benefit to be made within such time as may be specified in the regulations;
for prescribing the evidence which is to be provided in support of claims for supplementary benefit;
for requiring or enabling the Commission, in such circumstances as may be specified in the regulations, to review any determination with respect to supplementary benefit, whether the determination is made by the Commission or by the Appeal Tribunal;
for extinguishing the right to payment of any sum by way of supplementary benefit if payment is not obtained within a period, not less than twelve months, prescribed in the regulations from the date on which the right is to be treated under the regulations as having arisen; and
for the purposes specified in Part III of Schedule 2 to this Act.
Where it appears to the Commission that it is necessary for protecting the interests of a claimant or his dependants that the whole or part of any supplementary benefit should be issued to some other person, or where the claimant so requests, they may determine that it shall be issued to that other person.
The Commission may, if they think fit, defray travelling expenses incurred in connection with claims for supplementary benefit.
A person claiming, or in receipt of, supplementary benefit may appeal to the Appeal Tribunal against any determination of the Commission, or a refusal by the Commission to review a determination, with respect to any of the following matters—
the right to, or amount of, any supplementary benefit;
the issuing of supplementary benefit to a person other than the claimant;
the recovery of the whole or part of any sums paid by virtue of section 4 of this Act (urgent needs payment) ;
the imposition of a condition of registration for employment under section 5 or of attendance for instruction or training under section 10(3) of this Act;
the provision of goods or services instead of the whole or part of any payment;
the amount of any excess mentioned in section 12 of this Act (prevention of duplication of payments).
Where, on an appeal under this section, any question arises whether a person's own requirements fall to be disregarded by virtue of section 8 of this Act (persons affected by trade disputes)—
that question shall be referred by the Appeal Tribunal for determination by a local tribunal established under Part III of the Social Security Act 1975 in like manner as a reference under section 99(2)(c) of that Act (reference by insurance officer to a local tribunal under that Act); and
the provisions of that Act with respect to such references shall have effect accordingly with respect to any question so referred.
On an appeal under this section the Appeal Tribunal may— and any determination of the tribunal shall be conclusive for all purposes.
confirm the determination appealed against; or
if the appeal is against a refusal to review a determination, confirm the refusal; or
substitute for any determination appealed against any determination which the Commission could have made;
Every assignment of, or charge on, any supplementary benefit, and every agreement to assign or charge any such benefit, shall be void; and, on the bankruptcy or, in Scotland, on the sequestration of the estate of a person entitled to any supplementary benefit, no rights in respect of the benefit shall pass to any trustee or other person acting on behalf of his creditors.
For the purposes of this Act—
a man shall be liable to maintain his wife and his children; and
a woman shall be liable to maintain her husband and her children.
In subsection (1) above—
the reference to a man's children includes a reference to children of whom he has been adjudged to be the putative father, or, in Scotland, to children his paternity of whom has been admitted or otherwise established; and
the reference to a woman's children includes a reference to her illegitimate children.
Where supplementary benefit is paid or claimed to meet requirements which are, or include, those of a person whom another person is, for the purposes of this Act, liable to maintain (in this section referred to respectively as " the dependant " and " the liable relative ") the Commission may make a complaint against the liable relative to a magistrates' court for an order under this section.
No complaint under subsection (1) above shall be made where the dependant is an illegitimate child and the liable relative is his father.
On the hearing of a complaint under subsection (1) above the court shall have regard to all the circumstances and, in particular, to the resources of the liable relative, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate.
In determining whether to order any payments to be made in respect of supplementary benefit for any period before the complaint was made, or the amount of any such payments, the court shall disregard any amount by which the liable relative's resources exceed the resources which were his during that period.
Any payments ordered to be made under this section shall be made—
to the Secretary of State in so far as they are attributable to any supplementary benefit (whether paid before or after the making of the order);
to the person claiming supplementary benefit or (if different) the dependant; or
to such other person as appears to the court expedient in the interests of the dependant.
Where the order provides for the making of payments to the Secretary of State, the Commission shall be a party to any proceedings with respect to the enforcement, revocation or variation of the order to which, but for this subsection, the Secretary of State would be a party.
An order under this section shall be enforceable as an affiliation order, and any proceedings for such an order (but not proceedings for the enforcement, revocation or variation of such an order) shall be included among the proceedings which are domestic proceedings within the meaning of the Magistrates' Courts Act 1952; and section 56 of that Act (definition of " domestic proceedings ") shall have effect accordingly.
In the application of this section to Scotland, subsections (2) and (7) shall be omitted, and for the references to a complaint and to a magistrates' court there shall be substituted respectively references to an application and to the sheriff.
The provisions of this section apply in any case in which supplementary benefit is paid to meet requirements which include those of an illegitimate child.
If no affiliation order is in force the Commission may, within three years from the time when any payment by way of supplementary benefit was made, make application to a justice of the peace acting for the petty sessions area in which the mother of the child resides for a summons to be served under section 1 of the Affiliation Proceedings Act 1957.
In any proceedings on an application under subsection (2) above the court shall hear such evidence as the Commission may produce, and shall in all other respects, subject to the provisions of subsection (4) below, proceed as on an application made by the mother under section 1 of the said Act of 1957.
An affiliation order— may be made so as to provide that the payments, or a part of the payments, to be made under the order shall, instead of being made to the mother or a person having custody of the child, be made to the Secretary of State or to such other person as the court may direct.
made on an application made by the Commission under subsection (2) above ; or
made on an application made by the Commission in proceedings brought by the mother of the child under section 1 of the said Act of 1957 ;
Any affiliation order, whether made before or after the commencement of this Act, may, on the application of the Commission, be varied so as to provide for the making of payments, or part thereof, as mentioned in subsection (4) above; and an application by the Commission under this subsection may be made—
notwithstanding that the mother has died and no person has been appointed to have the custody of the child; and
where the child is not in the care of the mother and she is not contributing to his maintenance, without making her a party to the proceedings.
Any affiliation order which provides for the making of payments, or part thereof, as mentioned in subsection (4) above may, on the application of the mother of the child, be varied so as to provide that the payments shall be made to the mother or a person having the custody of the child.
Where an affiliation order provides for the making of payments, or part thereof, to the Secretary of State, the Commission shall be a party to any proceedings with respect to the enforcement, revocation or variation of the order to which, but for this subsection, the Secretary of State would be a party.
In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (2) to (7) above—
the Commission shall have the like right as the mother to raise an action of affiliation and aliment concluding for payment of aliment for the child ;
where in any action of affiliation and aliment in respect of the child, whether at the instance of the Commission under the foregoing paragraph or at the instance of the mother, the sheriff grants or has granted decree against any person for payment of aliment for the child, the sheriff may at the time of granting the decree or at any subsequent time on the application of the Commission, order that the sums due under the decree or any part thereof shall, instead of being paid to the mother of the child, be paid to the Secretary of State or to such other person as the sheriff may direct;
if such an order is made in favour of the Secretary of State, the Commission, or, if it is made in favour of another person, that person, shall have the like right to enforce the decree (so far as relating to the said sums) by diligence, including the right to take proceedings under the Civil Imprisonment (Scotland) Act 1882, as if the decree were a decree in favour of the Commission or other person.
If, whether fraudulently or otherwise, any person misrepresents, or fails to disclose, any material fact, and in consequence of the misrepresentation or failure— the Secretary of State shall be entitled to recover the amount thereof from that person.
the Secretary of State incurs any expenditure under this Act; or
any sum recoverable under this Act by or on behalf of the Secretary of State is not recovered ;
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If, whether in connection with any legal proceedings or otherwise, any question arises whether any amount paid by way of supplementary benefit is recoverable by the Secretary of State under this section, or as to the amount so recoverable, the question shall be referred to the Appeal Tribunal, and the decision of the tribunal shall be conclusive for all purposes.
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Where any amount paid by way of supplementary benefit is recoverable under this section, it may, without prejudice to any other method of recovery, be recovered by deduction from benefit under Part II of the Social Security Act 1975 or Part II of the Social Security Pensions Act 1975.
Until 6th April 1979, in subsection (4) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted.
for the purpose of obtaining supplementary benefit or any other payment under this Act for himself or for another person; or
for the purpose of avoiding or reducing any liability under this Act;
If any person, with intent to deceive, falsely represents himself to be a person authorised by the Secretary of State for Social Services or the Commission to act in any capacity (whether under this Act or otherwise) he shall be liable on summary conviction to a fine not exceeding £100.
If any person— receives, detains or has in his possession any document issued by or on behalf of the Secretary of State for Social Services in connection with any benefit, pension or allowance (whether payable under this Act or otherwise), he shall be guilty of an offence.
as a pledge or a security for a debt; or
with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person;
If any person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him), he shall be guilty of an offence.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding £100, or to both.
If any person fails to comply with a provision to which this section applies requiring him to give notice of any matter to the Secretary of State, he shall be liable on summary conviction to a fine not exceeding £20.
This section applies to—
any provision of regulations made, or having effect as if made, under section 14 of this Act in pursuance of paragraph 2 of Part III of Schedule 2 to this Act (notice to be given where, after service of a deduction notice under that Schedule in relation to any person, his employment ceases or he is re-employed); and
the provisions of paragraph 4(5) of Part II of Schedule 2 to this Act (notice to be given where no deduction is made from an employee's earnings).
If any person persistently refuses or neglects to maintain himself or any person whom for the purposes of this Act he is liable to maintain, and in consequence of his refusal or neglect— he shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding £100, or to both.
supplementary benefit is awarded to meet requirements which are, or include, his or those of such a person ; or
free board and lodging are provided for him or such a person in a reception centre provided under section 30 of this Act;
For the purposes of this section, a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.
Any person authorised by the Secretary of State in that behalf may conduct any proceedings under this Act before a magistrates' court although not a barrister or solicitor.
Without prejudice to any other method of recovery, any sum due under this Act to the Secretary of State, other than a sum due under an order enforceable as an affiliation order, shall be recoverable summarily as a civil debt.
Notwithstanding anything in any Act—
proceedings under this Act for the recovery of a sum recoverable summarily as a civil debt may be begun at any time within three years after the sum became due;
proceedings for an offence under this Act may be begun at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months from the commission of the offence, whichever period last expires.
For the purposes of subsection (3) above, a certificate purporting to be signed by, or on behalf of, the Secretary of State as to the date on which such evidence as is mentioned in paragraph (b) of that subsection came to his knowledge shall be conclusive evidence of that date.
In any proceedings for an offence under this Act the wife or husband of the accused shall be competent to give evidence, whether for or against the accused, but shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or to him by the accused during the marriage.
In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) to (4) above—
proceedings for an offence under this Act may, notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975, be commenced at any time within the period of three months from the date on which evidence sufficient in the opinion of the appropriate authority to justify proceedings comes to his knowledge, or within the period of twelve months from the commission of the offence, whichever period last expires;
for the purposes of this subsection—
" the appropriate authority " means the Secretary of State or, in the case of proceedings which are not preceded by a report of the facts made by the Secretary of State to the Lord Advocate, means the Lord Advocate ;
a certificate of the appropriate authority as to the date on which such evidence as is mentioned above comes to his knowledge shall be conclusive evidence; and
subsection (3) of section 331 of the said Act of 1975 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.
The Commission shall exercise the functions conferred on them by this Act in such manner as shall best promote the welfare of persons affected by the exercise of those functions.
Schedule 3 to this Act shall have effect with respect to the constitution and proceedings of the Commission.
The Secretary of State shall make arrangements for securing that such of his officers and servants as may from time to time be required for the exercise of the Commission's functions are available to act as officers and servants of the Commission, and may make arrangements with any other Government department or with a local authority for the discharge of those functions by officers and servants of the department or authority.
Any expenses incurred by the Commission with the approval of the Secretary of State shall be deemed to be expenses incurred by the Secretary of State.
Every appointment of an inspector under section 144 of the Social Security Act 1975 shall be an appointment also for the purposes of this Act.
In section 144(2) to (5) and section 145 of the Social Security Act 1975 (powers of inspectors) references to that Act include this Act; and in section 145(1)(b) the reference to benefit includes supplementary benefit.
The Commission shall, on behalf of the Secretary of State and in accordance with any directions given by him, exercise the functions set out in Schedule 5 to this Act relating to re-establishment centres and reception centres.
If in exercise of their functions under Schedule 5 to this Act the Commission so require, payment at such rates as the Commission may determine shall be made by persons for whom temporary board and lodging are provided in a centre maintained under that Schedule.
The Secretary of State may, by regulations made under this subsection, make provision for the management of, and the preservation of order in, centres maintained under that Schedule.
Regulations made under subsection (3) above may—
include provisions requiring persons accommodated or received in such centres, or specified classes of such persons, to do such work for assisting in the running of the centres as may be specified by or under the regulations; and
provide that any person who contravenes, or fails to comply with, any specified provision of the regulations shall be liable on summary conviction to a fine not exceeding £10, or to imprisonment for a term not exceeding one month.
The Secrtary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Irish authority for co-ordinating the operation of the two schemes for the payment of supplementary benefits in respect of persons whose resources are insufficient to meet their requirements, being the schemes established respectively under this Act and under the Supplementary Benefits Acts (Northern Ireland) 1966 to 1975 and any Measure for similar purposes passed by the Northern Ireland Assembly.
Any such arrangements may include provision for the modification or adaptation of the respective schemes in relation to, or in connection with, persons affected by the arrangements.
The Secretary of State may, by regulations made under this section, provide for such modification or adaptation of the provisions of this Act as may appear to him to be required for giving effect to the arrangements, or in consequence of the arrangements, and for any necessary financial adjustments.
The power under subsection (3) above to provide by regulations for the modification or adaptation of the provisions of this Act and for necessary financial adjustments shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention does not appear in that enactment and is without prejudice to the generality of any such direction.
In this section " the appropriate Northern Irish authority " means such authority as may be specified for the purposes of this section in any legislation passed by the Parliament of Northern Ireland or in any Measure of the Northern Ireland Assembly.
For the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to those of this Act, Her Majesty may by Order in Council provide for modifying or adapting this Act in its application to cases affected by the agreement.
The modifications of this Act which may be made by virtue of subsection (1) above include provision—
for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit);
for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned ;
for making any financial adjustments.
In relation to the power to make Orders in Council which is conferred by this section, and to Orders made in the exercise of the power, section 166(2) to (4) and (7) and section 168(4) of the Social Security Act 1975 (additional matters which may be dealt with by Order in Council; power to revoke and vary etc.) apply as they do for the purposes of that Act.
Powers conferred by this Act to make rules or regulations are exercisable by statutory instrument.
Regulations made by virtue of section 2(3) of this Act (variation of Part II of Schedule 1) shall have no effect unless a draft thereof has been laid before Parliament and has been approved by resolution of each House of Parliament.
Any statutory instrument containing other regulations or any rules made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act—
" the Appeal Tribunal " means the tribunal which has jurisdiction in accordance with section 28 of this Act;
" blind " means so blind as to be unable to perform any work for which eyesight is essential;
" child " means a person under the age of 16 ;
" the Commission " means the Supplementary Benefits Commission;
" enactment " includes an enactment of the Parliament of Northern Ireland and a provision of a Measure of the Northern Ireland Assembly;
Except where the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended or extended by or under any other enactment, including this Act.
The transitional provisions and savings in Schedule 6 to this Act shall have effect.
The enactments mentioned in Scchedule 7 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
Subject to the provisions of Schedule 6 to this Act and in accordance with section 36(3) of this Act, the enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The inclusion in this Act of any express transitional provision, saving or amendment shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (effect of repeals).
This Act may be cited as the Supplementary Benefits Act 1976.
The following provisions only of this Act shall extend to Northern Ireland— Sections . . . 34(1) (definitions of . . . “enactment”), 34(2), 35 and this section, in Schedule 6, paragraphs 1 and 5, in Schedule 7, paragraphs 7 to 13 and Schedule 8 so far as it specifies any enactment extending to Northern Ireland other than section 6 of, and Schedule 4 to, the National Insurance and Supplementary Benefit Act 1973 and any enactment in the Social Security Benefits Act 1975.
This Act shall come into force on 15th November 1976, but the repeal of any enactment specified in Part II of Schedule 8 to this Act which has not come into force before that date shall not take effect until immediately after that enactment comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the following provisions of this Part of this Schedule, the amount of any supplementary benefit to which a person is entitled shall be the amount by which his resources fall short of his requirements. For the purpose of ascertaining that amount—
Where the weekly amount of any supplementary benefit would be less than 10p the benefit shall not be payable. Sub-paragraph (1) above does not apply where the person claiming, or in receipt of, supplementary benefit is entitled to such other payments as may be specified by regulations made by the Secretary of State under this paragraph and the circumstances are such as may be specified in those regulations.
Where— Where a person has to provide for the requirements of another person who is a member of the same household, not being a person falling within sub-paragraph (1) above—
Where there are exceptional circumstances— as may be appropriate to take account of those circumstances. Sub-paragraph (1)(b) above does not apply to any award of supplementary benefit made by virtue of section 9(1) of this Act (award after a return to full-time employment following a trade dispute).
Subject to sub-paragraph (2) below, the amounts specified in paragraphs 7 to 11 of this Schedule are not applicable to persons falling within any of paragraphs 12 to 16 of this Schedule. Where one only of the persons falling within paragraph 3(1) of this Schedule falls within paragraph 14 or 16 (person in hospital or in legal custody), sub-paragraph (1) above shall not exclude the application of the amounts specified in paragraphs 7 to 11 of this Schedule to the other, but the amount applicable to that other person under paragraph 7 or 8 of this Schedule shall be that applicable under paragraph 7(b) or 8(b)(i), as the case may be.
Where, in paragraphs 7 and 8 of this Schedule, amounts are preceded by A, B or C— Sub-paragraph (2) above does not apply to an increase or part of an increase attributable to—
Requirements of persons, other than blind persons— £ (a) husband and wife or other persons falling within paragraph 3(1) of this Schedule A 20.65 B 24.85 C 25.10 (b) person living alone or householder not falling within sub-paragraph (a) above who is directly responsible for household necessities and rent (if any) A 12.70 B 15.70 C 15.95 (c) any other person aged— (i) not less than 18 years A 10.15 B 12.60 C 12.85 (ii) less than 18 but not less than 16 years 7.80 (iii) less than 16 but not less than 13 years 6.50 (iv) less than 13 but not less than 11 years 5.35 (v) less than 11 but not less than 5 years 4.35 (vi) less than 5 years 3.60
Requirements of persons who are or include blind persons— £ (a) husband and wife or other persons falling within paragraph 3(1) of this Schedule— (i) if one of them is blind A 21.90 B 26.10 C 26.35 (ii) if both of them are blind A 22.70 B 26.90 C 27.15 (b) any other blind person aged— (i) not less than 18 years A 13.95 B 16.95 C 17.20 (ii) less than 18 but not less than 16 years 8.70 (iii) less than 16 but not less than 13 years 6.50 (iv) less than 13 but not less than II years 5.35 (v) less than 11 but not less than 5 years 4.35 (vi) less than 5 years 3.60
The circumstances referred to in sub-paragraph (1)(b) above are that the person concerned— but in the opinion of the Commission he would be so disqualified if he were to make such a claim, or if his claim had been determined, or if it had not been disallowed for a different reason.
The amounts applicable under paragraphs 5 to 9 of this Schedule shall be increased on account of the attendance requirements of a severely disabled person who is either entitled to an attendance allowance, or a child in respect of whose disablement the relevant person is entitled to an attendance allowance, by— In this paragraph— For the purposes of this paragraph the provisions of regulations under Chapter VI of Part II of the Social Security Act 1975 relating to overlapping benefits shall not be treated as affecting the rate of attendance allowance to which a person is entitled.
The amounts applicable under paragraphs 5 to 10 of this Schedule shall be increased— Where another person, not being a person whose requirements are aggregated with, and treated as, the requirements of the householder under paragraph 3 of this Schedule, resides, otherwise than as a sub-tenant, in the premises for which the rent is paid, then, unless the householder or a person whose requirements are aggregated with, and treated as, his under paragraph 3(1) is blind, the amount mentioned in sub-paragraph (1)(a) above may be reduced by an amount not exceeding such part of the net rent as is reasonably attributable to that other person. In sub-paragraphs (1) and (2) above " net rent " means— less any proceeds of sub-letting any part of the premises in respect of which the rent is paid or the outgoings are incurred. Where any amount of the rent or rates is met by a rent rebate or rent allowance under Part II of the Housing Finance Act 1972, or by any rate rebate, the amount so met shall be deducted from the increase to be made under sub-paragraph (1)(a) above. The provisions of this sub-paragraph have effect as respects the exercise of the power under sub-paragraph (1)(a) above to take account of part only of the net rent payable (reduced where appropriate under sub-paragraph (2) above) for any period for which a rent rebate or rent allowance is made to a person in receipt of supplementary benefit, or to a person whose requirements are aggregated with, and treated as, his under paragraph 3(1) of this Schedule. In the application of this paragraph to Scotland, the following provisions shall have effect in substitution for sub-paragraphs (4) and (5) above—.
Requirements of persons falling within paragraph 3 of this Schedule, where the requirements of any one or more, but not both or all, of such persons are to be disregarded by virtue of section 8 of this Act (persons affected by trade disputes). The amount which, if the persons were not persons falling within paragraph 3 of this Schedule, would be applicable under paragraph 7(c) or 8(b) of this Schedule to the person or persons whose requirements are not to be so disregarded, such amount being increased in accordance with paragraphs 10 and 11 of this Schedule in the case of the amounts mentioned in those paragraphs.
Requirements of a person for whom accommodation is provided under Part III of the National Assistance Act 1948. The aggregate of such of the sums prescribed for the purposes of section 22(3) and (4) of that Act (minimum rate of payment for accommodation and personal requirements) as are applicable to his case.
Requirements of a person residing as a patient in any hospital. Such amount, if any, as may be appropriate, having regard to all the circumstances.
Requirements of a person paying inclusive charge for board and lodging. Such amount as may be appropriate, not being less than the amount which would be applicable under paragraphs 7 to 10 of this Schedule.
Requirements of a person in prison or otherwise detained in legal custody. Nil (except for any amount applicable by virtue of paragraph 3 of this Schedule).
In taking into account the value to any person of an interest in the dwelling in which he resides, any sum which might be obtained by him by selling that interest, or borrowing money upon the security of that interest, shall be disregarded.
There shall be wholly disregarded—
any maternity grant under section 21 of the Social Security Act 1975 ;
any death grant under section 32 of that Act;
any sums payable to any person as holder of the Victoria Cross or of the George Cross.
If the value of the capital resources taken into account would not exceed £1,200 they shall be wholly disregarded, together with any income derived from them.
The capital resources taken into account, together with any income derived from them, shall be treated as equivalent to a weekly income of 25p for each complete £50 of the excess of the value of the capital resources over £1,200.
For the purposes of this Schedule a person's net weekly earnings shall be calculated or estimated in such manner as the Secretary of State may, by regulations made under this paragraph, prescribe.
Subject to sub-paragraphs (2) and (3) below, the weekly earnings of any person shall be taken to be his net weekly earnings reduced— There shall be wholly disregarded the weekly earnings of— whose resources are, by virtue of paragraph 3(2) of this Schedule, aggregated with, and treated as, those of the person who has to provide for his requirements. Where a person who has, by reason of a stoppage of work which was due to a trade dispute at his place of employment, been without employment for any period during the stoppage becomes engaged in remunerative full-time work again in consequence of the ending of the stoppage—
Subject to the provisions of this paragraph and of paragraphs 24 and 25 of this Schedule, there shall be disregarded £4 a week of the income which would, but for this paragraph, be taken into account, except so far as it consists of earnings or of any sum taken into account under paragraph 20 of this Schedule. This paragraph does not apply to income consisting of— This paragraph does not apply to income consisting of any benefit under Chapters I to III of Part II of the Social Security Act 1975 or Part II of the Social Security Pensions Act 1975 except as provided in paragraph 24 of this Schedule and subject, in the case of any mobility allowance, to section 37A(8) of the Social Security Act 1975. Except as provided in paragraph 24 of this Schedule, this paragraph applies to income consisting of injury benefit under Part II of the Social Security Act 1975, or of industrial death benefit under that Part of that Act, only to the extent of— Except as provided in paragraph 24 of this Schedule, this paragraph applies to income consisting of any pension or allowance for a widow or widower, or in respect of children, granted in respect of a death due to service or war injury under powers conferred by or under any of the Acts mentioned in sub-paragraph (6)(a) below, or under any scheme mentioned in sub-paragraph (6)(b) below, only to the extent of so much of any pension or allowance for a widow or widower as exceeds the sum specified in section 6(1)(a) of the Social Security Pension Act 1975. The Acts and schemes mentioned in sub-paragraph (5) above are— Sub-paragraph (5) above applies in relation to a pension or allowance for a woman who was living with a deceased person as his wife as it applies in relation to a pension or allowance for a widow. In this paragraph and in paragraph 24(1) of this Schedule any reference to an allowance, pension, benefit or other payment of any description includes a reference to any analogous allowance, pension, benefit or payment. Until—
In the case of a person who has preserved 1976 rights, paragraph 23 of this Schedule applies to— For the purposes of this paragraph a person has preserved 1976 rights if— For the purpose of sub-paragraph (2)(b) above, the question whether the person was entitled to supplementary benefit at any time is determined on the assumption that he then had preserved 1976 rights. Until 6th April 1979, in sub-paragraph (1)(a) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted.
There shall not be disregarded under paragraph 23 of this Schedule more than £1 a week of any income consisting of one or more payments of any kind to which this paragraph applies. This paragraph applies to— Paragraphs (a) and (b) of sub-paragraph (2) above apply whether or not the payment is made by a former employer and whether or not there is any right to receive it; but paragraph (a) shall not be construed as applying to—
In calculating a person's resources for the purposes of this Schedule there shall be treated as income (and, subject to paragraph 23 of this Schedule, taken into account as such)— The circumstances referred to in sub-paragraph (1)(a) above are that the person concerned is employed in an office or employment and that his emoluments therefrom are assessable to income tax under Schedule E.
Any resources not specified in the foregoing provisions of this Schedule may be treated as reduced by such amount (if any) as may be reasonable in the circumstances of the case.
If a person has deprived himself of any resources for the purpose of securing supplementary benefit, or increasing the amount of any such benefit, those resources may be taken into account as if they were still his.
Any sum which is held on a discretionary trust for the benefit of a person may be treated as included in his resources.
Subject to paragraph 29 of this Schedule and to the following provision of this paragraph, a person shall be deemed for the purposes of this Schedule to own an asset if he is absolutely entitled in possession to the whole beneficial interest therein and not otherwise. Where two or more persons are beneficially entitled in possession to any asset they shall be treated for the purposes of this Schedule as if each of them were entitled in possession to the whole beneficial interest in an equal share in the asset unless it appears that their respective beneficial interests are not equal; and in that case they shall be treated as respectively entitled in possession to the whole beneficial interest in such shares as appears to be just. In the application of this paragraph to Scotland, the words " in possession " shall be omitted wherever they occur.
Sections 9 and 14.
In this Schedule— For the purposes of Part II of this Schedule in its application to any sum which is recoverable from a person by virtue of subsection (2) of section 9 of this Act as having been paid to him by virtue of that subsection during the period of fifteen days from the beginning of an engagement falling within subsection (1) of that section, " the relevant engagement" means that engagement. The provisions of Part II of this Schedule relating to the recovery of supplementary benefit by deduction from earnings are framed in terms applicable to employees whose earnings are paid weekly ; but the Secretary of State may, by the regulations, provide that, in the case of employees whose earnings are paid otherwise, those provisions shall have effect with such adaptations as may be specified in the regulations.
Where the Secretary of State receives a notification of award under section 9(4) of this Act, then, unless the amount of supplementary benefit specified therein as having been awarded to the claimant has already been repaid by the claimant, the Secretary of State shall serve on the person, if any, by whom the claimant is for the time being employed a notice under this paragraph (in this Schedule referred to as a " deduction notice ") relating to the claimant. Every deduction notice shall contain the following particulars— Subject to the following provisions of this Part of this Schedule— If, after the Secretary of State has received a notification of award under section 9(4) of this Act and served a deduction notice relating to the claimant, the Secretary of State receives a further notification of award relating to the same person, then, unless the aggregate of the amounts of supplementary benefit respectively specified in all notifications of award relating to the claimant which have been received by the Secretary of State since the beginning of the relevant engagement has already been repaid by the claimant, the Secretary of State shall serve a further deduction notice on the person, if any, by whom the claimant is for the time being employed. Where a further deduction notice is served at any time by virtue of sub-paragraph (4) above, then— Service of a further deduction notice by virtue of sub-paragraph (4) above shall have the effect of cancelling any earlier deduction notice relating to the claimant which is in force when the further deduction notice is served, but shall not affect the validity of anything done by virtue of the earlier notice while it was in force.
A deduction notice shall come into force when it is served on the employer of the claimant to whom it relates and shall (unless previously cancelled by virtue of paragraph 2(6) above or sub-paragraph (2) below) cease to have effect as soon as any of the following events occur— The Secretary of State may at any time give a direction in writing cancelling a deduction notice, and shall cause a copy of any such direction to be served on the employer concerned and on the claimant. A direction given under this sub-paragraph shall take effect when a copy of it is served on the employer concerned. Where a deduction notice is cancelled under sub-paragraph (2) above, no further deduction notice relating to the claimant shall be served in connection with any supplementary benefit awarded to him by virtue of section 9(1) of this Act during the period of fifteen days from the beginning of the relevant engagement. If, in the case of a deduction notice which is in force (in this sub-paragraph referred to as " the current notice ") the following condition is fulfilled, namely that at the time when that notice was served on the employer there was in force in relation to the claimant a previous deduction notice served on the same employer after the beginning of the relevant engagement, each of the following shall for the purposes of sub-paragraph (1)(b)(ii) above constitute a relevant previous deduction notice, that is to say— For the purposes of sub-paragraph (4) above the continuity of a period of employment under the same employer shall be treated as having been broken on any occasion on which a deduction notice relating to the employee, which was served on the employer after the beginning of the relevant engagement, ceased to have effect by reason of the expiration of the period of fourteen weeks mentioned in sub-paragraph (1)(c) above.
While a deduction notice is in force in respect of an employee, the following provisions of this paragraph shall apply as regards any pay-day on which his available earnings exceed his protected earnings (as specified in the notice): Provided that, as regards any pay-day falling within the period of seven days beginning with the day on which the deduction notice comes into force, sub-paragraphs (2) and (3)(a) below shall have effect as if for the words " shall deduct" there were substituted the words " may deduct ". In this paragraph " the notified amount ", in relation to a deduction notice, means the amount specified in that notice in accordance with paragraph 2(2)(b) above. If on the pay-day in question the employee's available earnings exceed his protected earnings (as specified in the deduction notice) by an amount equal to or less than one-tenth of the notified amount, the employer shall deduct from the employee's available earnings the amount of the excess. If on the pay-day in question the employee's available earnings exceed his protected earnings (as specified in the deduction notice) by an amount greater than one-tenth of the notified amount, the employer— Provided that the total amount deducted from the employee's available earnings by virtue of this sub-paragraph on any one payday shall not be greater than the amount by which the employee's available earnings exceed his protected earnings (as specified in the deduction notice). Notwithstanding anything in sub-paragraph (2) or (3) above— Where on any pay-day the employer makes no deduction from the employee's earnings by reason only that the employee has satisfied him as mentioned in sub-paragraph (4)(a) above, the employer shall forthwith give notice of that fact to the Secretary of State at the prescribed place and in the prescribed manner. Where the employer is required by sub-paragraph (2) or (3)(a) above to make a deduction on a pay-day and the amount of the deduction which he would be so required to make apart from this sub-paragraph includes a fraction of 1p, the amount which he is so required to deduct on that pay-day shall be reduced by that fraction.
Where a deduction notice has ceased to have effect by reason of the claimant ceasing to be in the employment of the person on whom the notice was served or by reason of the expiration of the period of fourteen weeks mentioned in paragraph 3(1)(c) above, the Secretary of State may, if he thinks fit, serve a further deduction notice on the person, if any, by whom the claimant is for the time being employed. Notwithstanding anything in the foregoing provisions of this Schedule, in any further deduction notice served by virtue of sub-paragraph (1) above— The amount referred to in sub-paragraph (2)(a) above is the aggregate of the amounts of supplementary benefit respectively specified in all notifications of award under section 9(4) of this Act relating to the claimant received by the Secretary of State after the beginning of the relevant engagement and before the date of the further deduction notice in question reduced—
A person who by virtue of a deduction notice makes one or more deductions from the earnings of a person in his employment shall, in accordance with the regulations, pay the amount or amounts deducted to the Secretary of State. No criminal proceedings shall lie against any person on account of a contravention of sub-paragraph (2) or (3)(a) of paragraph 4 above ; but if, on any pay-day on which the said sub-paragraph (2) or the said sub-paragraph (3)(a) requires a person to make a deduction from the earnings of a person in his employment, the employer makes no deduction from the employee's earnings, or deducts from them an amount smaller than the amount which he is thereby required to deduct, then— For the purposes of any proceedings brought by the Secretary of State by virtue of sub-paragraph (2)(a) above against a person in connection with a deduction notice served on him in respect of a person who at the material time was in that person's employment, it shall be presumed, except in so far as the contrary is proved, that on every pay-day which occurred while that notice was in force the employee's available earnings exceeded his protected earnings (as specified in the notice) by an amount greater than one-tenth of the notified amount (within the meaning of paragraph 4 above).
Where the Secretary of State has received a notification of award under section 9(4) of this Act and it is at any time not practicable for him, by means of a deduction notice, to effect recovery of— the amount of supplementary benefit so specified or so much of it as remains to be recovered from the claimant, as the case may be, shall, by virtue of this paragraph, be recoverable from the claimant by the Secretary of State. For the purpose of any proceedings brought by virtue of this paragraph a certificate purporting to be signed by or on behalf of the Secretary of State and stating that it is not practicable for him, by means of a deduction notice, to effect the recovery of— shall be conclusive evidence of the matters dealt with in the certificate (other than any matter affecting the determination of the actual amount, if any, which the Secretary of State is entitled to recover from the claimant by virtue of this paragraph).
If, after the Secretary of State has received a notification of award under section 9(4) of this Act and served a deduction notice relating to the claimant, the amount of the award which was the subject of the notification is increased— the foregoing provisions of this Schedule shall have effect as if on the date on which the increase is awarded the Secretary of State had received a further notification of award under section 9(4) of this Act specifying the amount of the increase as the amount of supplementary benefit awarded to the claimant and, subject to the regulations, specifying as the claimant's protected earnings the same amount as was specified in that behalf in the last notification of award relating to him which was received by the Secretary of State. References in the provisions of this Schedule to a notification of award shall be construed accordingly.
on an appeal under section 15 of this Act; or
as a result of a review by the Commission of any determination affecting that amount;
Any purpose for which provision is, by section 9 of this Act or Parts I or II of this Schedule, authorised or required to be made by the regulations.
For requiring, in such cases as may be prescribed, notice to be given at the prescribed place and in the prescribed manner to the Secretary of State where, after a deduction notice relating to any person has been duly served, that person ceases to be in the employment of the person on whom that notice was served or, having so ceased, subsequently enters the employment of the same or any other person.
For requiring or enabling the Commission, in such circumstances as may be prescribed, to review any determination made by them of a person's protected earnings for the purposes of Part II of this Schedule.
For enabling the Secretary of State to vary any deduction notice for the time being in force so far as may be necessary to bring the sum specified in the notice as the protected earnings, for the purposes of Part II of this Schedule, of the person to whom the notice relates into conformity with any determination of that person's protected earnings for those purposes made by the Commission (whether on a review or otherwise) after the date of the notice.
For modifying the operation of Part II of this Schedule, and any provision of Part I of this Schedule for the purposes thereof, in cases where section 9(1) of this Act applies to the same person as regards two or more separate periods of fifteen days.
Section 27.
The Supplementary Benefits Commission shall continue by that name as a body corporate having perpetual succession and a common seal. The Commission shall consist of a chairman, a deputy chairman and not more than six other members appointed by the Secretary of State. At least two members of the Commission shall be women.
Every member of the Commission shall hold and vacate office in accordance with the terms of his appointment.
A person who has ceased to be a member of the Commission shall be eligible for reappointment.
The Commission may act notwithstanding any vacancy among their members.
The procedure and quorum of the Commission shall be such as the Commission may from time to time determine.
The Secretary of State may out of moneys provided by Parliament pay to members of the Commission such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.
Every document purporting to be an instrument issued by the Commission and to be sealed with the seal of the Commission or to be signed by a person authorised to act in that behalf shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.
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Each of the tribunals shall consist of a chairman and two other members.
Each tribunal shall have jurisdiction in respect of such district as may be assigned to it by the Secretary of State.
The chairman and other members of every tribunal shall be appointed by the Secretary of State, and of those other members one shall be so appointed from among persons appearing to the Secretary of State to represent work-people. The Secretary of State may appoint persons to act, in the event of absence or incapacity, in the place of members of a tribunal.
The Secretary of State shall pay to the chairman or acting chairman of a tribunal such remuneration, and to any member thereof such travelling and other allowances (including compensation for loss of remunerative time), as he may, with the consent of the Treasury, determine.
The Secretary of State shall assign to each tribunal a clerk and such other officers and servants and shall pay to them such salaries or fees and such allowances as he may, with the consent of the Treasury, determine.
The Secretary of State may make rules— The power to make rules as to procedure under this paragraph includes power to make provision as to the representation of one person in any proceedings by another person. In any case where proceedings take place in accordance with rules made under sub-paragraph (1)(d) above, the tribunal shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman or acting chairman shall have a second or casting vote.
It shall be the duty of the Secretary of State to provide and maintain places, to be known as resettlement units, at which persons without a settled way of life are afforded temporary board and lodging with a view to influencing them to lead a more settled life. The Secretary of State may require the councils of counties . . . and of metropolitan districts, regions, island areas and London boroughs and the Common Council of the City of London to exercise, on behalf of the Secretary of State and in accordance with any directions given by the Secretary of State, the functions of providing and maintaining resettlement units. A council may recover from the Secretary of State any expenditure incurred by them under this paragraph with the approval of the Secretary of State, given either as respects that expenditure or generally as respects expenditure up to a specified amount. Before giving directions under sub-paragraph (2) above the Secretary of State shall consult with such local authorities, or associations of local authorities, as appear to him to be concerned.
The Secretary of State may, upon such terms and subject to such conditions as he may determine, give assistance by way of grant to any local authority or voluntary organisation which provides places for purposes similar to the purposes for which resettlement units are provided by the Secretary of State. In this paragraph “local authority” means the council of a county, a district, a region, an islands area or a London borough, or the Common Council of the City of London.
Section 35(1).
In so far as any order, rule, regulation, appointment, approval or other thing made or done, or deemed to be made or done, under an enactment repealed by this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made or done under that provision. Anything begun under an enactment repealed by this Act may be continued under the corresponding provision of this Act as if begun under that provision. References in this Act to things done, suffered or occurring in the past shall, so far as the context requires for the continuity of operation between enactments repealed by this Act and the corresponding provisions of this Act, be construed as including references to things done, suffered or occurring before the commencement of this Act. Where any instrument or document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
Paragraph 1 above applies in particular to any claim for, or award of, supplementary benefit made before the commencement of this Act and to anything done or occurring in, or for the purposes of, adjudication proceedings before that day. Any question as to entitlement to, or the amount of, any supplementary benefit, and any other question with respect to supplementary benefit, for any period shall be determined in accordance with the provisions with respect to those matters in force during that period.
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The following enactments as having effect at the commencement of this Act shall, subject to the amendments therein specified in Schedule 7 to this Act, continue to have effect as amended by section 39 of, and Schedule 6 to, the Supplementary Benefit Act 1966, notwithstanding the repeal by this Act of the said Act of 1966:— the Polish Resettlement Act 1947. . . .
Any enactment or instrument that is to be construed in accordance with section 2(3) of the Supplementary Benefit Act 1966, as having effect in accordance with the Secretary of State for Social Services Order 1968, shall continue to be so construed notwithstanding the repeal by this Act of the said Act of 1966.
The following provisions of this paragraph shall apply where, at 11th August 1966, a person (in this paragraph referred to as " the former beneficiary ") was in receipt of— This Act shall apply, subject to the following provisions of this paragraph, as if a claim for a supplementary pension or a supplementary allowance, as the case may be, had been duly made by the former beneficiary or, if the former beneficiary is a woman falling within paragraph 3(1) of Schedule 1 to this Act, by the other person falling within that paragraph. If the former beneficiary or the said other person is not entitled to a supplementary pension or supplementary allowance the Commission may nevertheless award him such a pension or allowance at a rate not exceeding that of the pension or grant mentioned in sub-paragraph (1) above ; and if he is entitled to a supplementary pension or supplementary allowance but at a lower rate the Commission may determine that it shall be payable at a rate not exceeding that of the said pension or grant. If the former beneficiary is a woman falling within paragraph 3(1) of Schedule 1 to this Act then, unless she otherwise requests, so much of any supplementary pension or supplementary allowance payable (whether by virtue of this paragraph or otherwise) to the other person falling within that paragraph as is equal to the pension or grant mentioned in sub-paragraph (1) above shall be issued to the former beneficiary.
Any appeal which, by virtue of paragraph 2 of Schedule 7 to the Supplementary Benefit Act 1966, could have been brought against a decision of the National Assistance Board to a tribunal constituted under Schedule 3 to that Act may be so brought to such of the tribunals constituted in accordance with Schedule 4 to this Act as, under that Schedule, has jurisdiction in the case in question, and in any such proceedings the Commission shall be a party instead of the said Board, notwithstanding the repeal by this Act of the said Act of 1966.
Any proceedings for the recovery of a sum which, if the Supplementary Benefit Act 1966 had not been passed, could have been taken by the National Assistance Board may be taken by the Secretary of State. Any payments ordered in proceedings continued or begun by virtue of sub-paragraph (1) above or of paragraph 7 of Schedule 7 to the Supplementary Benefit Act 1966 which, if that Act had not been passed, would have been ordered to be made to the National Assistance Board shall be ordered to be made to the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 35(2)
In section 3 of the Polish Resettlement Act 1947—
in subsection (5), for the words “ regulations made for the purposes of section 11 of the Ministry of Social Security Act 1966” there shall be substituted the words “ regulations made, or having effect as if made, under or for the purposes of section 5 of the Supplementary Benefits Act 1976”;
in subsection (7), for the words “ sections 26 and 29 of the Ministry of Social Security Act 1966” there shall be substituted the words “ sections 20 and 21 of the Supplementary Benefits Act 1976”;
in subsection (8), for the words “ section 23 of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 18 of the Supplementary Benefits Act 1976”; and
in subsection (9), for the words “ section 33(3)(a) of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 26(3)(a) of the Supplementary Benefits Act 1976”; and
In the Schedule to that Act, in paragraph 4—
for the words “constituted under Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “ constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976”; and
for the words “section 18(1) of the Ministry of Social Security Act 1966” there shall be substituted the words “section 15(1) of the Supplementary Benefits Act 1976”.
In section 22 of the National Assistance Act 1948&
in subsection (3), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”;
in subsection (5), for the words “ Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “ Schedule 1 to the Supplementary Benefits Act 1976”; and
in subsection (9), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”.
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In section 53 of that Act, for the words “ Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “ Schedule 4 to the Supplementary Benefits Act 1976”.
In Schedule 6 to that Act—
in paragraph 4(2), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976” ; and
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In section 3(1) of the Maintenance Orders Act 1950, the word “ or” where secondly ocurring shall be omitted and after the words “ Children Act 1948” there shall be inserted the words “ or section 19 of the Supplementary Benefits Act 1976”.
In section 4 of that Act—
at the end of subsection (1) there shall be inserted the following—; and
in subsection (2) the word “ or” where first occurring shall be omitted and after the word “ forty-three” there shall be inserted the words “ or the said section 18”.
In section 8(1) of that Act, after the words “ Children Act 1948 or section 81 of the Social Work (Scotland) Act 1968” there shall be inserted the words “ or section 19(8) of the Supplementary Benefits Act 1976”.
In section 9 of that Act—
at the end of subsection (1) there shall be inserted the following—; and
in subsection (2) the word “ or” where first occurring shall be omitted and after the word “ forty-three” there shall be inserted the words “ or the said section 18”
In section 11(1) of that Act, the word “or” where first occuring shall be omitted and after “1950” there shall be inserted the words “or section 25 of the Supplementary Benefits &c. Act (Northern Ireland) 1966”.
In section 12 of that Act—
at the end of subsection (1) there shall be inserted the following—; and
at the end of subsection (2), for the words “or of any order made under the said section 20 or the said section 11” there shall be substituted the words “or of any order made under any of the said sections 11, 20 and 24”.
In section 16(2) of that Act—
at the end of paragraph (a) there shall be inserted the following—;
at the end of paragraph (b) there shall be inserted the following—; and
at the end of paragraph (c) there shall be inserted the following—.
In section 55(7) of the Ecclesiastical Jurisdiction Measure 1963, as amended by section 1 of the Ecclesiastical Jurisdiction (Amendment) Measure 1974, in the definition of “ affiliation order” the word “ or” shall be omitted and at the end there shall be inserted the words “ or section 19 of the Supplementary Benefits Act 1976”.
In section 4(5) of the Legal Aid (Scotland) Act 1967—
for the words “ paragraphs 19, 20, 24 and 25 of Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “ paragraphs 17, 18, and 23 to 25 of Schedule 1 to the Supplementary Benefits Act”; and
for the words “ the said paragraph 19” there shall be substituted the words “ the said paragraph 17”.
In section 219(2) of the Income and Corporation Taxes Act 1970, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.
In Schedule 8 to the Administration of Justice Act 1970—
in paragraph 5, the word “ or” shall be omitted and for the words “ Act 1966)” there shall be substituted the words “ Act 1966 or section 19 of the Supplementary Benefits Act 1976)”; and
in paragraph 6, the word “ or” where first occurring shall be omitted and after the words “ Act 1966” there shall be inserted the words “ or section 18 of the Supplementary Benefits Act 1976” .
Schedule 5. Supplementary Benefits Provision and maintenance of reception centres for persons without a settled way of living.
In section 7(3) of the Family Income Supplements Act 1970, for the words “Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “Schedule 4 to the Supplementary Benefits Act 1976”.
In Schedule 1 to the Attachment of Earnings Act 1971—
in paragraph 6, the word “ or” shall be omitted and for the words “ Act 1966,” there shall be substituted the words “ Act 1966 or section 19 of the Supplementary Benefits Act 1976)”; and
in paragraph 7, the word “ or” where first occurring shall be omitted and after the words “ Act 1966” there shall be inserted the words “ or section 18 of the Supplementary Benefits Act 1976”.
In Schedule 4 to that Act (as having effect in accordance with section 1(3) of, and paragraph 44 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1975), in the list of enactments the entry “ The Supplementary Benefit Act 1966 (c.20)” shall be omitted and at the end there shall be inserted the entry “ The Supplementary Benefits Act 1976”.
In the Tribunals and Inquiries Act 1971—
in section 7(3), for the words “20 or 28(a)” there shall be substituted the words “28(a) or 30B”; and
Supplementary benefits &c. 30B. The appeal tribunals constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976.
“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976 except that it does not include benefit under section 3 (supplementary benefit to meet exceptional needs) of that Act;
In paragraph 9(2)(g) of Schedule 2 to that Act, for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”.
In Schedule 3 to that Act—
in paragraph 17(1) for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”; and
in paragraph 18(2), for the words “ the Ministry of Social Security Act 1966 as amended by this Act” there shall be substituted the words “ the Supplementary Benefits Act 1976”.
“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976 except that it does not include benefit under section 3 (supplementary benefit to meet exceptional needs) of that Act;
In paragraph 9(2)(g) of Schedule 3 to that Act, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.
In Schedule 4 to that Act—
in paragraph 16(1), for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”; and
in paragraph 17(2), for the words “the Ministry of Social Security Act 1966 as amended by this Act” there shall be substituted the words “the Supplementary Benefits Act 1976”.
In section 3(1)(a) of the Affiliation Proceedings (Amendment) Act 1972, for the words “ section 24 of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 19 of the Supplementary Benefits Act 1976”.
In subsection (1) of section 50 of the National Health Service Reorganisation Act 1973, the words from “ and accordingly” to the end of the subsection shall be omitted.
In section 12(2)(b) of the Employment and Training Act 1973, for the words “benefit within the meaning of the Ministry of Social Security Act 1966” there shall be substituted the words “supplementary benefit within the meaning of the Supplementary Benefits Act 1976”.
In section 113(1) of the Local Government (Scotland) Act 1973, for the words “section 16(2) of the Ministry of Social Security Act 1966” there shall be substituted the words “section 12(3) of the Supplementary Benefits Act 1976”.
In each of the following provisions of the Legal Aid Act 1974, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”—
section 1(1)(b);
section 4(2);
section 11(5).
In section 11(6) of that Act—
for the words “paragraphs 19, 20, 24 and 25 of Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “paragraphs 17, 18, and 23 to 25 of Schedule 1 to the Supplementary Benefits Act 1976”; and
for the words “the said paragraph 19” there shall be substituted the words “the said paragraph 17”.
In paragraph 3(c) of Part I of Schedule 1 to that Act, for the words “section 23 of the Ministry of Social Security Act 1966” there shall be substituted the words “section 18 of the Supplementary Benefits Act 1976”.
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In section 80(2)(b) of the Social Security Act 1975, for the words “the Supplementary Benefit Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.
In Schedule 4 to the Criminal Procedure (Scotland) Act 1975, for the reference to section 33(6) of the Ministry of Social Security Act 1966 there shall be substituted a reference to section 26(5) of this Act.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, for the words “ Chairman of an Appeal Tribunal constituted under Schedule 3 to the Ministry of Social Security Act 1966 or” there shall be substituted the words “ Chairman of an Appeal Tribunal constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976 or under”.
In section 112 of the Employment Protection Act 1975—
in subsection (3)(c), for the words “under the Supplementary Benefit Act 1966” there shall be substituted the words “in accordance with the Supplementary Benefits Act 1976” and for the words “section 18(2) and (3) of that Act” there shall be substituted the words “section 15(2) and (3) of that Act”;
for subsection (5)(b) there shall be substituted the following—;
“supplementary benefit” has the same meaning as in the Supplementary Benefits Act 1976
In section 113 of that Act, for the words “the Supplementary Benefit Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.
Section 35(3).
Chapter Short Title Extent of Repeal 1966 c. 20. Supplementary Benefit Act 1966 (The Ministry of Social Security Act 1966). The whole Act so far as unrepealed. 1969 c. 44. National Insurance Act 1969. In section 8(2), paragraph (f). 1970 c. 42. Local Authority Social Services Act 1970. In Schedule 1, the entry relating to Schedule 4 to the Ministry of Social Security Act 1966. 1970 c. 55. Family Income Supplements Act 1970 Section 13(1). 1971 c. 73. Social Security Act 1971. The whole Act so far as unrepealed. 1972 c. 46. Housing (Financial Provisions) (Scotland) Act 1972. In Schedule 9, paragraphs 4 to 6. 1972 c. 47. Housing Finance Act 1972. In Schedule 9, paragraphs 4 to 6. 1972 c. 49. Affiliation Proceedings (Amendment) Act 1972. In section 1, subsection (4)(b). In section 3(3), the words “ section 24(8) of the said Act of 1966”. 1972 c. 70. Local Government Act 1972. In Schedule 23, paragraph 14. 1973 c. 38. Social Security Act 1973. In section 99, subsection (18). In Schedule 27, paragraph 67. 1973 c. 65. Local Government (Scotland) Act 1973. In Schedule 9, paragraph 64. In Schedule 27, paragraph 162. 1974 c. 7. Local Government Act 1974. In section 14, subsection (4). 1974 c. 14. National Insurance Act 1974. In section 8, subsection (5). 1975 c. 11. Social Security Benefits Act 1975. Section 11. Schedule 3. 1975 c. 18. Social Security (Consequential Provisions) Act 1975. In Schedule 2, paragraphs 24 to 31. 1975 c. 61. Child Benefit Act 1975. Section 19 and in section 21(5), the words from the beginning of the subsection to the words “ under section 16 above; and”. 1976 c. 56. Supplementary Benefit (Amendment) Act 1976. The whole Act.
Chapter Short Title Extent of Repeal 1975 c. 60. Social Security Pensions Act 1975. In Schedule 4, paragraph 9(a). In Schedule 4, paragraphs 7 and 8 and paragraph 9(b) and (c). 1975 c. 61. Child Benefit Act 1975. In Schedule 4, paragraphs 1, 2 and 7. 1975 c. 71. Employment Protection Act 1975. In section 111, subsection (2)