Supplementary Benefits Act 1976

• the reduction provided for in sub-paragraph (1)(c) above shall not be applied to the full amount of his net weekly earnings but only to the amount (if any) by which his net weekly earnings exceed his net weekly earnings from his full-time work.

Disregard of £4 a week of certain income

23

• (1) 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.

• (2) This paragraph does not apply to income consisting of—

• (a) any child benefit;

• (b) any family income supplement under the Family Income Supplements Act 1970;

• (c) any graduated retirement benefit under section 36 of the National Insurance Act 1965 ;

• (d) any payment for the maintenance of a person whose requirements are taken into account in ascertaining the amount of supplementary benefit, being a payment made under the order of a court or a payment made by a person who, for the purposes of this Act, is liable to maintain the first-mentioned person ;

• (e) any guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975.

• (3) 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.

• (4) 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—

• (a) so much of—

• (i) any widow's pension payable at the higher permanent rate under section 68 of the Social Security Act 1975 ; or

• (ii) any widower's pension under section 69 of that Act;

as exceeds the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975 ;

• (b) any parent's pension under section 71 of the Social Security Act 1975;

• (c) any relative's pension under section 72 of that Act.

• (5) 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.

• (6) The Acts and schemes mentioned in sub-paragraph (5) above are—

• (a) The Ministry of Pensions Act 1916, the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947, the Home Guard Act 1951 and the Ulster Defence Regiment Act 1969 ;

• (b) any scheme made under the Injuries in War (Compensation) Act 1914, or the Injuries in War Compensation Act 1914 (Session 2) and any War Risk Compensation Scheme for the Mercantile Marine.

• (7) 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.

• (8) 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.

• (9) Until—

• (a) 4th April 1977, for sub-paragraph (2)(a) above there shall be substituted the following—

(a) allowances under the Family Allowances Act 1965, or benefit under section 16 of the Child Benefit Act 1975 (interim benefit for unmarried or separated parents);

;

• (b) 6th April 1978, in sub-paragraph (2) above, paragraph (e) shall be omitted ; and

• (c) 6th April 1979, in sub-paragraph (3) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted, and, in sub-paragraphs (4)(a) and (5) above, for the words " as exceeds the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975 " there shall be substituted the words " as exceeds the orate specified in Part I of Schedule 4 to the Social Security Act 1975 for a widow's pension under that Act ".

24

• (1) In the case of a person who has preserved 1976 rights, paragraph 23 of this Schedule applies to—

• (a) 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, to the extent of—

• (i) £0.38 of—

• (a) any increase of widow's allowance or widowed mother's allowance, being an increase in respect of an only, or the elder or eldest, qualifying child, or a second qualifying child ; or

• (b) any child's special allowance or any increase thereof in respect of a second qualifying child;

• (ii) £0.28 of—

• (a) any increase of a widow's allowance or widowed mother's allowance, being an increase in respect of any additional qualifying child beyond the first two ; or

• (b) any increase of a child's special allowance in respect of any additional qualifying child beyond the second ;

• (b) 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, to the extent of—

• (i) £0.38 of any allowance under section 70 of that Act in respect of an only, or the elder or eldest, qualifying child, or a second qualifying child ;

• (ii) £0.28 of any allowance under that section in respect of any additional qualifying child beyond the first two ;

• (c) such income as is referred to in the case specified in paragraph 23(5) of this Schedule, to the extent of—

• (i) £0.38 of any allowance in respect of an only, or the elder or eldest, child, or a second child;

• (ii) £0.28 of any allowance in respect of any additional child beyond the fist two.

• (2) For the purposes of this paragraph a person has preserved 1976 rights if—

• (a) at any time before 15th November 1976 he was entitled simultaneously to supplementary benefit and to any one or more of the allowances and increased allowances referred to in sub-paragraph (1) above ; and

• (b) he has since that time continued so entitled without interruption for any period longer than 13 weeks, excepting any periods during which he has been an in-patient in a hospital.

• (3) 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.

• (4) 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.

Limited disregard of occupational pensions etc.

25

• (1) 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.

• (2) This paragraph applies to—

• (a) any pension or other periodical sum paid to, or to the widow of, a person by reason of any service or employment in which he was formerly engaged ;

• (b) any periodical sum paid to a person on account of his employment having terminated by reason of redundancy.

• (3) 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—

• (a) any pension or allowance mentioned in paragraph 23(4) or (5) or 24(1)(b) or (c) of this Schedule or any other payment by way of compensation for injury, disease, disablement or death suffered by a person by reason of the service or employment in which he was engaged; or

• (b) any payment out of a trust fund established for relieving, hardship in particular cases and made at the discretion of the trustees of the fund.

Specific resources falling to be treated as income

26

• (1) 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)—

• (a) any amount which, while he is employed in such circumstances as are mentioned in sub-paragraph (2) below—

• (i) becomes available to him ; or

• (ii) would become available to him on application being duly made ;

by way of repayment of income tax deducted from Ms emoluments, whether in the same or any previous office or employment, in pursuance of section 204 of the Income and Corporation Taxes Act 1970 (pay as you earn), except so far as the repayment in question is attributable to any period of absence from work through sickness or other similar cause or to any period of unemployment; and

• (b) any payment which he receives or is entitled to obtain, whether from a trade union or any other source, by reason of being without employment for any period during a stoppage of work which is due to a trade dispute at his place of employment.

• (2) 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.

Further reduction of resources

27

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.

Resources deliberately abandoned

28

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.

Discretionary trusts

29

Any sum which is held on a discretionary trust for the benefit of a person may be treated as included in his resources.

Attribution of assets

30

• (1) 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.

• (2) 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.

• (3) In the application of this paragraph to Scotland, the words " in possession " shall be omitted wherever they occur.

SCHEDULE 2

PART I — General

1

• (1) In this Schedule—

• " available earnings ", in relation to an employee on any pay-day, means the earnings which remain payable to him on that pay-day after deduction by his employer of all amounts lawfully deductible by the employer otherwise than by virtue of a deduction notice ;

• " the claimant ", in relation to a notification of award under section 9(4) of this Act, means the person stated therein to have had an award of supplementary benefit made to him ;

• " deduction notice " has the meaning assigned by paragraph 2(1) of this Schedule ;

• " employment " means employment in remunerative full-time work, and related expressions shall be construed accordingly;

• " pay-day ", in relation to earnings paid to an employee, means an occasion on which they are paid ;

• " prescribed " means prescribed by the regulations ;

• " protected earnings ", in the case of any person, means his protected earnings for the purposes of Part II of this Schedule, as determined by the Commission in accordance with section 9(5) of this Act;

• " the regulations " means regulations made by the Secretary of State under section 14 of this Act;

• " repaid by the claimant " means paid by the claimant directly to the Secretary of State by way of repayment of supplementary benefit paid to the claimant on any award made to him during the period of fifteen days from the beginning of the relevant engagement (including any additional supplementary benefit paid to him on that award where the amount of the award is increased on an appeal or as a result of a review).

• (2) 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.

• (3) 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.

PART II — Recovery of Supplementary Benefit Paid

Service and contents of deduction notices

2

• (1) 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.

• (2) Every deduction notice shall contain the following particulars—

• (a) particulars enabling the employer to identify the claimant;

• (b) the amount by reference to which deductions are to be made by the employer from the claimant's earnings by virtue of the notice;

• (c) the claimant's protected earnings; and

• (d) such other particulars as may be prescribed.

• (3) Subject to the following provisions of this Part of this Schedule—

• (a) the amount specified in a deduction notice as the amount by reference to which deductions are to be made by the employer shall be equal to the amount of supplementary benefit specified in the notification of award to the claimant under section 9(4) of this Act or, if any part of the last-mentioned amount has been repaid by the claimant before the date of the deduction notice, shall be equal to so much of that amount as has not been so repaid before that date ; and

• (b) the sum so specified as the claimant's protected earnings shall, subject to the regulations, be the same as that specified in that notification of award.

• (4) 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.

• (5) Where a further deduction notice is served at any time by virtue of sub-paragraph (4) above, then—

• (a) if at that time there is in force in relation to the claimant a previous deduction notice served after the beginning of the relevant engagement, the amount specified in the further deduction notice as the amount by reference to which deductions are to be made by the employer shall be equal to the sum of the following amounts—

• (i) the amount specified in the previous deduction notice as the amount by reference to which deductions are to be so made ; and

• (ii) the amount of supplementary benefit which, in the further notification of award in consequence of which the further deduction notice is being served, is specified as having been awarded to the claimant;

reduced by the aggregate of any amounts repaid by the claimant on or after the date of the previous notice and before the date of the further deduction notice ;

• (b) in any other case, the amount so specified in the further deduction notice shall be the amount which would fall to be so specified in that notice in accordance with paragraph 5 below if the further deduction notice were being served by virtue of that paragraph.

• (6) 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.

Period for which deduction notice has effect

3

• (1) 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—

• (a) the claimant dies or ceases to be in the employment of the person on whom the deduction notice was served ;

• (b) the aggregate of—

• (i) all amounts, if any, repaid by the claimant on or after the date of the deduction notice in question ; and

• (ii) all amounts, if any, deducted from the claimant's earnings by virtue of the deduction notice in question or, if the condition specified in sub-paragraph (4) below is fulfilled in the case of the notice in question, all amounts, if any, deducted from the claimant's earnings by virtue of that notice of any relevant previous deduction notice within the meaning of that sub-paragraph;

reaches the amount specified in the notice in question as the amount by reference to which deductions are to be made by the employer;

• (c) the expiration of the period of fourteen weeks beginning with the date of the notice.

• (2) 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.

• (3) 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.

• (4) 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—

• (i) that previous deduction notice ; and

• (ii) any earlier previous deduction notice relating to the claimant which was served on that employer after the beginning of the relevant engagement, if (subject to sub-paragraph (5) below) the claimant was continuously in the employment of that employer from the time when the earlier previous notice in question was served to the time when the current notice was served.

• (5) 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.

Effect of deduction notice

4

• (1) 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.

• (2) 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.

• (3) 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—

• (a) shall deduct from the employee's available earnings an amount equal to one-tenth of the notified amount; and

• (b) may with the consent in writing of the employee deduct from the employee's available earnings a larger amount:

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).

• (4) Notwithstanding anything in sub-paragraph (2) or (3) above—

• (a) the employer shall not make a deduction on a pay-day by virtue of the deduction notice if the employee satisfies him that up to that pay-day he has not obtained payment of the supplementary benefit to which the deduction notice relates; and

• (b) the employer shall not on any pay-day deduct from the employee's earnings by virtue of the deduction notice an amount greater than the amount by which, immediately before that pay-day, the notified amount exceeds the aggregate of all such amounts as, in relation to that notice, are mentioned in paragraph 3(1)(b)(i) and (ii) above.

• (5) 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.

• (6) 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.

Power to serve further deduction notice in certain circumstances

5

• (1) 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.

• (2) Notwithstanding anything in the foregoing provisions of this Schedule, in any further deduction notice served by virtue of sub-paragraph (1) above—

• (a) the amount specified as the amount by reference to which deductions are to be made by the employer shall be equal to the amount mentioned in sub-paragraph (3) below ; and

• (b) the amount specified as the claimant's protected earnings shall, subject to the regulations, be the same as the amount specified in that behalf in the last deduction notice relating to him which was in force before the date of the further deduction notice.

• (3) 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) by so much, if any, of the aggregate of those amounts as has been repaid by the claimant before the date of the further deduction notice;

• (b) in respect of every previous deduction notice served after the beginning of the relevant engagement which has been in force in relation to the claimant, by whichever is the greater of the following amounts—

• (i) the aggregate of the amounts actually deducted by the relevant employer from the claimant's earnings by virtue of the previous deduction notice in question ; and

• (ii) the aggregate of the amounts which that employer was required by paragraph 4(2) or 4(3)(a) above to deduct from those earnings by virtue of that previous notice.

Liability of employers

6

• (1) 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.

• (2) 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—

• (a) so much of the last-mentioned amount as is not deducted by the employer from the employee's earnings on that payday shall be recoverable from the employer by the Secretary of State; and

• (b) any sum recovered from the employer by the Secretary of State by virtue of paragraph (a) above in consequence of his omission to deduct the required amount from the employee's earnings on that pay-day shall, for the purposes of this Schedule, be deemed to have been repaid by the employee.

• (3) 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).

Right of Secretary of State to recover directly from claimant

7

• (1) 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—

• (a) the amount of supplementary benefit specified in that notification as having been awarded to the claimant; or

• (b) so much of that amount as, not having previously been repaid by the claimant or deducted from the claimant's earnings by virtue of this Part of this Schedule, remains to be recovered from the claimant;

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.

• (2) 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—

• (a) the amount of supplementary benefit specified in a notification of award under section 9(4) of this Act as having been awarded to the claimant; or

• (b) so much of that amount as remains to be recovered from the claimant;

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).

Increase of amount of award on appeal or review

8

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—

• (a) on an appeal under section 15 of this Act; or

• (b) as a result of a review by the Commission of any determination affecting that amount;

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.

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

1

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.

2

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.

3

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.

4

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.

5

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.

SCHEDULE 3

1

• (1) The Supplementary Benefits Commission shall continue by that name as a body corporate having perpetual succession and a common seal.

• (2) The Commission shall consist of a chairman, a deputy chairman and not more than six other members appointed by the Secretary of State.

• (3) At least two members of the Commission shall be women.

2

Every member of the Commission shall hold and vacate office in accordance with the terms of his appointment.

3

A person who has ceased to be a member of the Commission shall be eligible for reappointment.

4

The Commission may act notwithstanding any vacancy among their members.

5

The procedure and quorum of the Commission shall be such as the Commission may from time to time determine.

6

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.

7

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.

SCHEDULE 4

1

Each of the tribunals shall consist of a chairman and two other members.

2

Each tribunal shall have jurisdiction in respect of such district as may be assigned to it by the Secretary of State.

3

• (1) 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.

• (2) The Secretary of State may appoint persons to act, in the event of absence or incapacity, in the place of members of a tribunal.

4

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.

5

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.

6

• (1) The Secretary of State may make rules—

• (a) as to the tenure of office of members of tribunals;

• (b) as to the procedure of tribunals and the procedure in connection with the bringing of matters before a tribunal, and as to the time within which matters may be brought before tribunals ;

• (c) as to the payment by the Secretary of State to persons attending proceedings before tribunals of travelling and other allowances (including compensation for loss of remunerative time);

• (d) for authorising proceedings notwithstanding that the members of the tribunal are not all present.

• (2) 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.

• (3) 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.

Schedule 5

Re-establishment centres

1

Reception centres

2

• (1) 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.

• (2) 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.

• (3) 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.

• (4) 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.

Accommodation in reception centres in special cases

3

Contributions to centres maintained by voluntary organisations

4

• (1) 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.

• (2) 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.

SCHEDULE 6

Part I

General Provisions

1

• (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.

• (2) 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.

• (3) 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.

• (4) 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.

2

• (1) 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.

• (2) 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.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Specific Provisions (including some retained from previous Acts)

4

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.

• . . .

5

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.

6

• (1) 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—

• (a) a pension under the Old Age Pensions Act 1936 ; or

• (b) an assistance grant under the National Assistance Act 1948.

• (2) 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.

• (3) 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.

• (4) 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.

7

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.

8

• (1) 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.

• (2) 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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 7

Polish Resettlement Act 1947

1

In section 3 of the Polish Resettlement Act 1947—

• (a) 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”;

• (b) 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”;

• (c) 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

• (d) 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

2

In the Schedule to that Act, in paragraph 4—

• (a) 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

• (b) 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”.

National Assistance Act 1948

3

In section 22 of the National Assistance Act 1948&

• (a) in subsection (3), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”;

• (b) 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

• (c) in subsection (9), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

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”.

6

In Schedule 6 to that Act—

• (a) 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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance Orders Act 1950

7

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”.

8

In section 4 of that Act—

• (a) at the end of subsection (1) there shall be inserted the following—

(c) for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).

; and

• (b) 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”.

9

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”.

10

In section 9 of that Act—

• (a) at the end of subsection (1) there shall be inserted the following—

(c) for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).

; and

• (b) 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”

11

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”.

12

In section 12 of that Act—

• (a) at the end of subsection (1) there shall be inserted the following—

(c) for an order under section 24 of the Supplementary Benefits &. Act (Northern Ireland) 1966 (which provides for the recovery of the cost of supplementary benefit from persons liable for maintenance).

; and

• (b) 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”.

13

In section 16(2) of that Act—

• (a) at the end of paragraph (a) there shall be inserted the following—

(vi) section 18 of the Supplementary Benefits Act 1976 or section 4 of the Affiliation Proceedings Act 1957 on an application made under section 19(2) of the Act of 1976;

;

• (b) at the end of paragraph (b) there shall be inserted the following—

(viii) an order made on an application under section 19(8)(b) of the Supplementary Benefits Act 1976 ;

; and

• (c) at the end of paragraph (c) there shall be inserted the following—

(vi) section 24 or 25 of the Supplementary Benefits &. Act (Northern Ireland) 1966.

.

Ecclesiastical Jurisdiction Measure 1963

14

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”.

Legal Aid (Scotland) Act 1967

15

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

• (a) 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

• (b) for the words “ the said paragraph 19” there shall be substituted the words “ the said paragraph 17”.

Income and Corporation Taxes Act 1970

16

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”.

Administration of Justice Act 1970

17

In Schedule 8 to the Administration of Justice Act 1970—

• (a) 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

• (b) 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” .

Local Authority Social Services Act 1970

18

In Schedule 1 to the Local Authority Social Services Act 1970, the entry relating to Schedule 4 to the Ministry of Social Security Act 1966 shall be omitted and at the end of the Schedule there shall be inserted the following entry—

Schedule 5.	Supplementary Benefits Provision and maintenance of reception centres for persons without a settled way of living.

Family Income Supplements Act 1970

19

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”.

Attachment of Earnings Act 1971

20

In Schedule 1 to the Attachment of Earnings Act 1971—

• (a) 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

• (b) 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”.

21

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”.

Tribunals and Inquiries Act 1971

22

In the Tribunals and Inquiries Act 1971—

• (a) in section 7(3), for the words “20 or 28(a)” there shall be substituted the words “28(a) or 30B”; and

• (b) in Part I of Schedule 1, paragraph 20 shall be omitted and after paragraph 30A there shall be inserted—

Supplementary benefits &c.	30B. The appeal tribunals constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976.

Housing (Financial Provisions) (Scotland) Act 1972

23

In section 22(1) of the Housing (Financial Provisions) (Scotland) Act 1972, for the definition of “supplementary benefit” there shall be substituted—

“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;

24

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”.

25

In Schedule 3 to that Act—

• (a) 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

• (b) 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”.

Housing Finance Act 1972

26

In section 26(1) of the Housing Finance Act 1972, for the definition of “supplementary benefit” there shall be substituted—

“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;

.

27

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”.

28

In Schedule 4 to that Act—

• (a) 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

• (b) 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”.

Affiliation Proceedings (Amendment ) Act 1972

29

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”.

National Health Service Reorganisation Act 1973

30

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.

Employment and Training Act 1973

31

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”.

Local Government (Scotland) Act 1973

32

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”.

Legal Aid Act 1974

33

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”—

• (a) section 1(1)(b);

• (b) section 4(2);

• (c) section 11(5).

34

In section 11(6) of that Act—

• (a) 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

• (b) for the words “the said paragraph 19” there shall be substituted the words “the said paragraph 17”.

35

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”.

National Insurance Act 1974

36

. . .

Social Security Act 1975

37

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”.

Criminal Procedure (Scotland) Act 1975

38

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.

House of Commons Disqualification Act 1975

39

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”.

Employment Protection Act 1975

40

In section 112 of the Employment Protection Act 1975—

• (a) 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”;

• (b) for subsection (5)(b) there shall be substituted the following—

(b) Sections 18 and 20 of the Supplementary Benefits Act 1976 (recovery of expenditure on supplementary benefits from persons liable for maintenance and recovery in cases of misrepresentation or non-disclosure) shall not apply to the supplementary benefit recouped

;

• (c) in subsection (8), for the definition of “supplementary benefit” there shall be substituted the following—

“supplementary benefit” has the same meaning as in the Supplementary Benefits Act 1976

.

41

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”.

Schedule 8

Part I — Immediate Repeals

Part II — Deferred Repeals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

17

22

24

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resettlement units

Grants for voluntary organistions providing places

Specific Provisions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes