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The Social Security (Claims and Payments) Regulations 1987

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PART IE+W+SGENERAL

Citation[F1, commencement and application] E+W+S

F11.—[F2(1)] These Regulations may be cited as the Social Security (Claims and Payments) Regulations 1987 and shall come into operation on 11th April 1988.

[F3(2) In so far as these Regulations apply to—

(a)an employment and support allowance, they apply to that allowance under Part 1 of the Welfare Reform Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-related allowance;

(b)a jobseeker's allowance, they apply to that allowance under the Jobseekers Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance.

(3) These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).]

Textual Amendments

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

F4[F5...]

[F6“the 1992 Act” means the Social Security Administration Act 1992;]

[F7“the 2000 Act” means the Electronic Communications Act 2000;]

[F8“the 2002 Act” means the State Pension Credit Act 2002;]

[F9“the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;]

[F8“advance period” means the period specified in regulation 4E(2);]

[F10“appropriate office” means an office of the Department for Work and Pensions and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Secretary of State for that purpose.]

F11[F12...]

[F13“bereavement benefit” means—

(a)

a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014;

(b)

a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; and

(c)

widowed parent’s allowance;]

[F13“bereavement support payment” means bereavement support payment under section 30 of the Pensions Act 2014;]

[F14“the Board” means the Commissioners of Inland Revenue; and references to “the Board” in these Regulations have effect only with respect to working families' tax credit and disabled person’s tax credit;]

[F15“claim for asylum” has the same meaning as in the Asylum and Immigration Appeals Act 1993;]

“claim for benefit” includes–

(a)

an application for a declaration that an accident was an industrial accident;

(b)

F16...

(c)

an application for [F17a revision under section 9 of the Social Security Act 1998 or a supersession under section 10 of that Act of] a decision for the purpose of obtaining any increase of benefit [F18in respect of a child or adult dependant under the Social Security Act 1975 or an increase in disablement benefit under section 60 (special hardship), 61 (constant attendance), 62 (hospital treatment allowance) or 63 (exceptionally severe disablement) of the Social Security Act 1975], but does not include any other application for [F19a revision or a supersession of] a decision;

[F20“Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

F21[F22“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together [F23as if they were a married couple or civil partners];]

[F24“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;]

[F25“disabled person’s tax credit” and “working families' tax credit” shall be construed in accordance with section 1(1) of the Tax Credits Act 1999;.]

[F26“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;]

[F27“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

[F28“guarantee credit” is to be construed in accordance with sections 1 and 2 of the 2002 Act;]

F29[F30...]

[F31“the Jobseekers Act” means the Jobseekers Act 1995;]

F32[F31...; ]

[F31“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996;]

[F33“joint-claim couple” and “joint-claim jobseeker’s allowance” have the same meaning in these Regulations as they have in the Jobseekers Act by virtue of section 1(4) of that Act;]

[F34“limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act]

“long-term benefits” means any retirement pension, [F35a shared additional pension,] a widowed mother's allowance, a widow's pension, [F36widowed parent’s allowance, F37...] attendance allowance, [F38disability living allowance], [F39carer’s allowance], F40... any pension or allowance for industrial injury or disease and any increase in any such benefit;

F41...

“partner” means one of [F42a couple];

[F43“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;]

F44...

[F43“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 in respect of employed earners and in the case of self-employed earners, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;]

[F45“qualifying age” has the same meaning as in the 2002 Act by virtue of section 1(6) of that Act;]

[F15“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;]

[F46“relevant authority” means a person within section 72(2) of the Welfare Reform and Pensions Act 1999;]

[F43“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;]

[F47“shared additional pension” means a shared additional pension under section 55A [F48or 55AA] of the Contributions and Benefits Act;]

[F49“social fund funeral payment” means a funeral payment within the meaning of regulation 7(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005[F50, including social fund payments made under The Social Fund (Children’s Funeral Fund for England) Regulations 2019];]

[F51“state pension credit” means state pension credit under the 2002 Act;]

[F51“State Pension Credit Regulations” means the State Pension Credit Regulations 2002;]

[F52“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]

F41...

“week” means a period of 7 days beginning with midnight between Saturday and Sunday.

[F53“the Welfare Reform Act” means the Welfare Reform Act 2007;]

[F20“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;]

[F54“working age benefit” means any of the following—

(a)

F55...

(b)

an employment and support allowance;

(c)

incapacity benefit;

(d)

income support;

(e)

a jobseeker’s allowance;

(f)

widowed mother’s allowance;

(g)

widowed parent’s allowance;

(h)

widow’s pension.]

(2) Unless the context otherwise requires, any reference in these Regulations to–

(a)a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation having that number;

(b)a benefit includes any benefit under the Social Security Act 1975 M1, child benefit under Part I of the Child Benefit Act 1975 M2, income support[F56, state pension credit][F57,[F58working families' tax credit] and [F59disabled persons' tax credit]] under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) [F60and section 32(2A)] of that Act[F61, state pension under Part 1 of the Pensions Act 2014] [F62and a jobseeker’s allowance under Part I of the Jobseekers Act][F63, a shared additional pension[F64, bereavement support payment] or an employment and support allowance under Part 1 of the Welfare Reform Act].

[F65(2A) References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to “benefit”, “income support” or “a jobseeker’s allowance”, include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 1996, is to be treated as payable as income support or, as the case may be, as a jobseeker’s allowance.]

(3) For the purposes of the provisions of these Regulations relating to the making of claims every increase of benefit under the Social Security Act 1975 shall be treated as a separate benefit F66....

[F67(4) In these Regulations, references to “beneficiary” include any person entitled to state pension credit.]

Textual Amendments

F5Words in reg. 2(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(a)

F13Words in reg. 2(1) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(i)

F14Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(c)

F24Words in reg. 2(1) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 4) Regulations 2002 (S.I. 2002/1696), regs. 1(1), 13(b)

F25Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(d)

F26Words in reg. 2(1) inserted (28.10.2002 for specified purposes, 1.12.2003 for further specified purposes) by The Social Security (Electronic Communications) (Child Benefit) Order 2002 (S.I. 2002/1789), arts. 1(1), 2(b); S.I. 2003/2800, arts. 1(1), 2(1)(b)

F37Words in reg. 2(1) omitted (coming into force in accordance with arts. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(ii)

F48Words in reg. 2(1) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(2)(a)

F55Words in reg. 2(1) omitted (coming into force in accordance with arts. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(iii)

F58Words in reg. 2(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F59Words in reg. 2(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F61Words in reg. 2(2)(b) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(2)(b)

F64Words in reg. 2(2)(b) inserted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(b)

Marginal Citations

M11975 c. 14; amendments altering the range of benefits available under this Act were made by the Social Security Pensions Act 1975 (c. 60), sections 15, 16, 22 and 66(2), the Social Security and Housing Benefits Act 1982 (c. 24), s.39, the Health and Social Security Act 1984 (c. 48), sections 11 to 13 and Schedule 5 and the Social Security Act 1986 (c. 50), sections 36 to 42, Schedule 3 and Schedule 4, paragraph 13.

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