The Supplementary Benefit (Single Payments) Amendment (No. 2) Regulations 1987

Made: 23rd November 1987

Laid before Parliament: 3rd December 1987

Coming into force: 17th December 1987

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 3, 14(2)(a) and 34(1) [^f00001] of the Supplementary Benefits Act 1976 [^f00002] and sections 166(2) and (3) of the Social Security Act 1975 [^f00003] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it [^f00004], hereby makes the following Regulations—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Supplementary Benefit (Single Payments) Amendment (No. 2) Regulations 1987 and shall come into force on 17th December 1987.

• (2) In these Regulations, “the principal Regulations” means the Supplementary Benefit (Single Payments) Regulations 1981 [^f00005].

Amendment of regulation 22(1) of the principal Regulations

2

After paragraph (1)(1) of regulation 22 of the principal Regulations (travelling expenses) there shall be added the following sub-paragraph—

(m) the journey is undertaken by a close relative of the deceased, in connection with his attendance at the funeral or cremation of the deceased, unless that close relative is the responsible member within the meaning of regulation 7 of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 [^f00006] (payments for funeral expenses) or, if a claim were made under that regulation, would be the responsible member.

Amendment of regulation 26A of the principal Regulations

3

In regulation 26A of the principal Regulations (exceptionally cold weather)—

• (a) in paragraph (2)(b) the words “subject to paragraph (3)” shall be omitted.

• (b) for paragraph (3) there shall be substituted the following paragraphs—

(3) Subject to paragraph (3A), where on or after 1st October 1987 a claim in respect of fuel costs is made for a period of exceptionally cold weather and is made within 13 weeks of the end of that period, that claim shall be treated as made in respect of fuel costs for any other such period beginning on or after 17th December 1987 and either falling within 13 weeks prior to the date of that claim or occurring subsequent to the date of that claim and ending before 11th April 1988 and in either case paragraph (2)(b) above shall not apply. (3A) Paragraph (3) shall not apply unless— (a) the conditions for a single payment under this regulation are otherwise satisfied; and (b) the claimant was continuously entitled to a pension or allowance from the first period of exceptionally cold weather in respect of which the claim is made or, if earlier, is treated as made up to the end of the last such period which is the subject of the adjudication officer’s determination.

4

For Schedule 2A to the principal Regulations there shall be substituted as Schedule 2A the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Social Services

Michael Portillo — Parliamentary Under-Secretary of State, — Department of Health and Social Security — 23rd November 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Supplementary Benefit (Single Payments) Regulations 1981. Regulation 2 provides for a single payment to be made to meet the travelling expenses of a close relative attending the deceased’s funeral, except where that close relative is the person responsible for making the funeral arrangements. Regulation 3 provides, subject to conditions, that where a claim has been made within 13 weeks of the end of a period of exceptionally cold weather to which it relates, no fresh claim need be made in respect of other such periods occurring up to 13 weeks before the date of claim and beginning on or after 17th December 1987 or subsequent thereto and ending before 11th April 1988. Regulation 4 substitutes a new Schedule 2A which makes corrections to, and rectifies omissions in, the descriptions of areas specified in column (2) of that Schedule.

Footnotes

[^f00001]: See definitions of “prescribed” and “regulations”.

[^f00002]: 1976 c. 71, as amended by section 6(1) of, and Part I of Schedule 2 to, the Social Security Act 1980 (c. 30), by Schedule 10, Part I of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and by S.I. 1984/1818

[^f00003]: 1975 c. 14; section 166(2) and (3) were applied by section 33(2) of the Supplementary Benefits Act 1976 (c. 71)

[^f00004]: See Section 10(2) of the Social Security Act 1980 (c. 30)

[^f00005]: S.I. 1981/1528; the relevant amending instruments are S.I. 1982/907, 1983/1000, 1984/938, 1986/1961, 1987/36 and 481.

[^f00006]: S.I. 1987/481