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PART IIIMiscellaneous

38Supplementary allowance: conditions

(1)For section 5 of the [1976 c. 71.] Supplementary Benefits Act 1976 (right to supplementary allowance) there is substituted the following section—

5Supplementary allowance: conditions.

(1)The right of any person to a supplementary allowance is subject—

(a)except in prescribed cases, to the condition that he is available for employment; and

(b)in prescribed cases only, to the further condition that he is registered in the prescribed manner for employment.

(2)Regulations may make provision as to—

(a)what is and is not to be treated as employment for the purposes of this section ; and

(b)the circumstances in which a person is or is not to be treated for those purposes as available for employment..

(2)In section 10 of the Act of 1976 (modification of right to supplementary allowance in certain cases) for paragraph (a) of subsection (1) there is substituted—

(a)in a case in which the condition mentioned in section 5(1)(a) of this Act applies, a person claims or is in receipt of supplementary allowance and is not receiving unemployment benefit under the Social Security Act 1975; and.