stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: exemption from council tax and ESA under smi
Thu 20-Aug-09 04:29 PM |
It appears that ESA as the replacement benefit after the repeal of S30A of the SSCBA by S1 of the Welfare Reform Act should still be a qualifying benefit for the SMI because S17(2) of the interpretation Act 1978 will apply
"(2) Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears,- (a) any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted ; (b) in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision."
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