The Age-Related Payments Regulations 2005

PART 4 DISQUALIFICATIONS, PROCEDURE, ETC.

Disqualifications

6.—(1) A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if—

(a) he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week;

(b) he is in custody throughout the relevant week; or

(c) he is subject to immigration control throughout the relevant week.

(2) For the purposes of paragraph (1)—

(a) the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations 1975(1);

(b) a person is in custody if he is detained in custody under a sentence imposed by a court; and

(c) the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999(2).

(3) Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual.

Procedure

7.—(1) Where before 31st December 2005 the Secretary of State thinks that a person is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment before that date (without a claim being required).

(2) Where a person becomes entitled to a payment under any of regulations 2 to 5 by virtue of a decision made after the relevant week that section 115 of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to him, the Secretary of State, if he is satisfied that the person is entitled to the payment, shall make the payment (without a claim being required).

(3) A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment.

(4) A claim under paragraph (3) must—

(a) be in writing to the Secretary of State;

(b) be received by the Secretary of State before 31st March 2006; and

(c) specify—

(i) the claimant’s name, address, date of birth and national insurance number (if he has one); and

(ii) the date on which the claim is sent to the Secretary of State; and

(d) include a declaration that the claimant was ordinarily resident in Great Britain on at least one day in the relevant week.

(5) If the Secretary of State is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment.

(6) The provisions of Chapter II of Part I of the Social Security Act 1998(3) (revision, appeal &c.) shall apply to a decision of the Secretary of State about a person’s entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Secretary of State under section 8 of that Act.

Payment to be disregarded for tax and social security

8.  No account shall be taken of entitlement to a payment under any of regulations 2 to 5 in considering a person’s—

(a) liability to tax;

(b) entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or

(c) entitlement to a tax credit.

Application of section 71 of the Social Security Administration Act 1992

9.  Section 71 of the Social Security Administration Act 1992(4) (overpayments – general) and regulations made under it shall apply in respect of any payment made under these Regulations as they apply to the benefits specified in subsection (11) of that section.

(1)

S.I.1975/555. Paragraph (2) was substituted by regulation 11 of S.I.1992/2595 and paragraph (2A) was inserted by regulation 2 of S.I.1999/1326.

(2)

1999 c.33.

(3)

1998 c.14.

(4)

1992 c.5. Section 71 was amended by sections 32 and 41 of, and paragraph 48 of Schedule 2 to, the Jobseekers Act 1995 (c.18), section 1 of the Social Security (Overpayments) Act 1996 (c.51), section 86 of, and paragraph 81 of Schedule 7 to, the Social Security Act 1998, sections 51 and 60 of, and paragraphs 1 and 2 of Schedule 4 and Schedule 6 to, the Tax Credits Act 2002 (c.21), and section 14 of, and paragraphs 8 and 10 of Schedule 2 to, the State Pension Credit Act 2002.