
1 

(1) This order may be cited as the 
Social Security and Housing Benefits Act 1982 (Commencement No. 2) Order 1982
.
(2) In this order 
“the Act” means the 
Social Security and Housing Benefits Act 1982.

2 

(1) The day appointed for the coming into
operation—
(a) of the provisions of the Act specified
in column 1 of Schedule 1
to this order shall be 19th July 1982;
(b) of the provisions of the Act specified
in column 1 of Schedule 2
to this order shall be 22nd November 1982;
(c) of the provisions of the Act specified
in column 1 of Schedule 3
to this order shall be 1st April 1983;
(d) of the provisions of the Act specified
in column 1 of Schedule 4
to this order shall be 4th April 1983.and of section 28(1)
to (4) of the Act shall be in accordance with
following paragraphs of this article.
(2) The provisions of section 28(1) to (4) of the Act
shall come into operation as follows:—
(a) on 22nd November in so far as they relate
to rate rebate or rent rebate; and in their application to a person and his
partner where that person fulfils the following condition:—
(i) he or his partner is a tenant of a housing
authority and that if he is a joint tenant he is a joint tenant only with
his partner,
(ii) he is entitled to qualifying supplementary
benefit,
(iii) his dwelling is occupied as a home
only by himself or persons who are members of his assessment unit,
(iv) the amount of qualifying supplementary
benefit to which he is entitled exceeds his housing requirements, and
(v) he is not a person to whom section 8(1) or 
9 of the Supplementary Benefits Act
1976 (persons affected
by or returning to work after a trade dispute) applies;
(b) On 1st April 1983 to the extent that
they are not then in operation in so far as they relate to rate rebate and
in their application to a person, and his partner, where that person is not
a tenant of a housing authority;
(c) on 4th April 1983 for all other purposes.

(3) In paragraph
(2) of this Article—
(a) “assessment
unit” means an assessment unit,
being a claimant, partner and any dependant of his, within the meaning of regulation 2 of
the Supplementary Benefit (Requirements) Regulations 1980
 (“Requirements
Regulations”);
(b) the reference to
a person's “housing requirements”
is to housing requirements assessed under the following provisions of the
Requirements Regulations as though they applied to that person:— 
(i) regulation 15
,

(ii) 
regulation 19(a),

(iii) 
regulation 19(b) in so far as it relates to
sewerage and allied environmental services in Scotland,

(iv) regulation
19(e),

(v) regulation
19(g) in so far as it relates to the provisions
set out in heads (ii) to (iv) above;
(c) “partner”
 means a member of a married couple,
being a man and woman who are married to each other and are members of the
same household, or of an unmarried couple, being a man and a woman who are
not married to each other but are living together as husband and wife as members
of the same household;
(d) “qualifying
supplementary benefit” means supplementary
pension or allowance under section 1
of the Supplementary Benefits Act 1976
which is payable to a person who for the purposes of the Requirements Regulations
is responsible for housing expenditure except any such pension or allowance
which is payable in accordance with section 4
 of the Supplementary Benefits Act
1976 for the period to which 
regulation 5(3)(a) of the Supplementary
Benefit (Urgent Cases) Regulations 1981 (first
14 days) applies.
3 

(1) Where by virtue of 
Article 2(1)(c) or (2)
of this order an enactment mentioned in paragraphs
5, 6, 
19, 27, 
28 or 35(2) of Schedule 4
to the Act is to be amended with effect from respectively 1st or 4th April
1983 by the substitution, for a reference to any subsidy or scheme under an
enactment repealed or to be repealed by or under the Act, of a reference to
the corresponding subsidy or scheme under the Act, any reference in the enactment
to be so amended to that subsidy or scheme shall be treated until that date
as including a reference to any corresponding subsidy payable under the Act
or any scheme in force under the Act.
(2) Payment of any subsidy under any enactment
repealed with effect from 4th April 1983 by 
section 32(7) of the Act and 
Article 2(1) (d) of this order may be made
after that date, but only in respect of a period ending before that date,
as though the enactment had not been repealed.
Signed by Authority of the Secretary of State for Social Services.

Hugh Rossi
Minister for Social Security
Department of Health and Social Security
1st July 1982
SCHEDULE 1
Article 2(1)(a)

Provisions of the Act for which 19th July 1982
is appointed as the day of coming into operation.

Provision
of the Act Subject matter


1 2

Section 32(1)–(6) Subsidies to authorities
Section 33 Administration of subsidies
Section 34 Rate fund contributions and rate support grant
Section
35 Interpretation

Section 36(1)–(3) Other supplementary provisions
The following paragraph of 
Schedule 4, and 
section 48(5) so far as it relates to that
paragraph—paragraph
35(1) 
Amendment of section 54
of the Local Government, Planning and Land Act 1980
(rate support grant)

SCHEDULE 2
Article 2(1)(b)

Provisions of the Act for which 22nd November
1982 is appointed as the day of coming into operation.

Provision
of the Act Subject matter

1 2
Section 29 Up-rating of needs allowances

SCHEDULE 3
Article 2(1)(c)

Provisions of the Act for which 1st April 1983
is appointed as the day of coming into operation.

Provision
of the Act Subject matter


1 2

Section 30 
Local schemes for housing benefits

Section 31 
Publicity for housing benefits schemes
The following paragraphs of Schedule
4 and section
48(5) so far as it relates to those paragraphs:—


Paragraphs 19, 27
and 28 Amendments to legislation consequential upon or connected
with housing benefits.

SCHEDULE 4
Article 2(1)(d)

Provisions of the Act for which 4th April 1983
is appointed as the day of coming into operation.

Provision
of the Act Subject matter


1 2

Section 28(5) 
Repeal of legislation

Section 32(7) 
Repeal of legislation

Section 36(4) 
Other supplementary provision

The following paragraphs of Schedule 4,
and section 48(5)
so far as it relates to those paragraphs—
Paragraphs 5, 
6, 22, 
29, 35(2) and 
(3), 36 Amendments to legislation consequential upon or
connected with housing benefits

The following repeals in Schedule 5,
and section 48(6)
so far as it relates to those repeals—
The repeal of entries in 
section 1(2) and of sections 1(3), 
5, 6 and 
11, Part II of
and Schedules 2 and 
3 to the Housing (Financial Provisions)
Scotland Act 1972 Repeal of legislation consequential upon or connected with housing
benefits
The repeal of entries
in section 1(2)
and words in section 104(1)
and in paragraph 1 of Schedule 1,
of section 17(2)
and Part II of and 
Schedules 3 and 4
to the Housing Finance Act 1972
The repeal of the 
Furnished Lettings (Rent Allowances) Act 1973
The repeal of sections 112 to 115 of and 
paragraph 23 of Schedule 12 to the 
Local Government (Scotland) Act 1973
The repeal of 
sections 8(1) and (4), 11–14 and of words in section 8(3) of the 
Local Government Act 1974
The repeal of 
sections 11 and 12
of and paragraphs 4 to 6 of Schedule 3
to the Rent Act 1974
The repeal of words in 
section 1(1) and in section 16(1),
and of sections 3, 
12 of and paragraphs 3
to 5 and 8(3) of Schedule 5
to the Housing Rents and Subsidies Act 1975
The repeal of 
paragraphs 6 and 8 of Schedule 3
to the Housing Rents and Subsidies (Scotland) Act 1975


The repeal of section 12(3)
 of and paragraphs 26–28
 and 32 of Schedule 7
to the Supplementary Benefits Act 1976
The repeal of 
sections 19 and 20
and of words in section 22
 of, and of Part III of Schedule 5
 to, the Development of Rural Wales
Act 1976
The repeal of section
32 of and Schedule 7
to the Rent (Agriculture) Act 1976
The repeal of paragraphs 52–54, 56–57 of Schedule 23 to the 
Rent Act 1977
The repeal of 
section 12 and 13
of and paragraphs 8–10
and 34–36 of Schedule 2
to the Housing (Financial Provisions) (Scotland) Act 1978


The repeal of 
section 117–119 of and Schedule
15 to the Housing Act 1980
The repeal of section78–79 of the 
Tenants' Rights Etc. (Scotland) Act 1980
The repeal of 
section 45 and of, and relating to, 
54(6)(c) of the Local Government, Planning
and Land Act 1980
