- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (23/07/2019)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 26/07/2021
Point in time view as at 23/07/2019.
The Social Security (Claims and Payments) Regulations 1987, PART IV is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
33.—(1) Where–
(a)a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and
(b)that person is unable for the time being to act; and either
(c)no [F1deputy] has been appointed by the Court of Protection [F2under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005] with power to claim, or as the case may be, receive benefit on his behalf; or
(d)in Scotland, his estate is not being administered by any [F3a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf],
the Secretary of State [F4or the Board] may, upon written application made to him [F5or them] by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him.
[F6[F7(1A) Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).]]
(2) Where the Secretary of State has made [F8or the Board have made] an appointment[F9, or treated an appointment as made,] under paragraph (1)–
(a)he [F10or they] may at any time revoke it;
(b)the person appointed may resign his office after having given one month's notice in writing to the Secretary of State [F11or the Board] of his intention to do so;
(c)any such appointment shall terminate when the Secretary of State is notified [F12or the Board are notified] that a receiver or other person to whom paragraph (1)(c) or (d) applies has been appointed.
(3) Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, [F13judicial factor or] guardian, if any, or by or to the person appointed under this regulation or regulation 43 [F14(disability living allowance for a child)] and [F15a direct credit transfer under regulation 21 into the account of any person so appointed, or the receipt by him of a payment made by some other means,] shall be a good discharge to the Secretary of State [F16or the Board] for any sum paid.
Textual Amendments
F1Word in reg. 33(1)(c) substituted (24.9.2007) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007 (S.I. 2007/2470), regs. 1, 2(14)
F2Words in reg. 33(1)(c) inserted (24.9.2007) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2007 (S.I. 2007/2470), regs. 1, 2(14)
F3Words in reg. 33(1)(d) substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 7(7)(a)
F4Words in reg. 33(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), 20, Sch. Pt. I
F5Words in reg. 33(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), 23, Sch. Pt. IV
F6Reg. 33(1A) substituted (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 2 para. 2
F7Reg. 33(1A) inserted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 7(7)(b)
F8Words in reg. 33(2) 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), 15(a)
F9Words in reg. 33(2) inserted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 7(7)(c)
F10Words in reg. 33(2) 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), 22, Sch. Pt. III
F11Words in reg. 33(2) 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), 20, Sch. Pt. I
F12Words in reg. 33(2) 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), 15(b)
F13Words in reg. 33(3) substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 7(7)(d)
F14Words in reg. 33(3) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 16
F15Words in reg. 33(3) substituted (23.10.2002) by The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2441), regs. 1(1)(a), 8 (with reg. 15)
F16Words in reg. 33(3) 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), 20, Sch. Pt. I
34.—[F17(1)] [F18Except in a case to which paragraph (2) applies,] the Secretary of State [F19or the Board] may direct that benefit shall be paid, wholly or in part, to [F20another natural person] on the beneficiary's behalf if such a direction as to payment appears to the Secretary of State [F19or the Board] to be necessary for protecting the interests of the beneficiary, or any child or dependant in respect of whom benefit is payable.
[F21(2) The Secretary of State may direct that a joint-claim jobseeker’s allowance shall be paid wholly or in part to a natural person who is not the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act if such a direction as to payment appears to the Secretary of State to be necessary for protecting the interests of the other member of that couple or, as the case may be, both members of that couple.]
Textual Amendments
F17Reg. 34(1): reg. 34 renumbered as reg. 34(1) (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 2(8)
F18Words in reg. 34(1) inserted (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 2(8)(a)
F19Words in reg. 34 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), 20, Sch. Pt. I
F20Words in reg. 34(1) substituted (4.1.1993) by The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(b), 5
F21Reg. 34(2) added (19.3.2001) by The Social Security (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/1982), regs. 1, 2(8)(b)
F2234A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Reg. 34A omitted by S.I. 2017/725, Sch. 5 para. 7(2) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)
F2334B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Reg. 34B omitted by S.I. 2017/725, Sch. 5 para. 7(2) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)
35.—(1) F26[F27... Deductions] may be made from benefit and direct payments may be made to third parties on behalf of a beneficiary in accordance with the provisions of Schedule 9 [F28and Schedule 9B].
(2) Where a social fund payment for maternity or funeral expenses [F29or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather] is made, wholly or in part, in respect of a debt which is, or will be, due to a third person, the [F30payment may be, and in the case of funeral expenses shall be, made to that person and where an instrument of payment is made payable to that person it may be sent to the beneficiary].]
Textual Amendments
F24Reg. 35 substituted (11.4.1988) by The Social Security (Claims and Payments) Amendment Regulations 1988 (S.I. 1988/522), regs. 1(1), 7
F25Reg. 35 heading substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 4
F26Words in reg. 35(1) omitted by S.I. 2017/725, Sch. 5 para. 7(3) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19 - 21)
F27Words in reg. 35(1) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 4
F28Words in reg. 35(1) inserted (31.1.2001) by The Social Security (Claims and Payments) Amendment Regulations 2001 (S.I. 2001/18), regs. 1(1), 2(a)
F29Words in reg. 35(2) inserted (7.11.1988) by The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988 (S.I. 1988/1725), regs. 1(1), 3(7)
F30Words in reg. 35(2) substituted (8.4.2003) by The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2441), regs. 1(1)(c), 9 (with reg. 15)
F3235A.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Reg. 35A inserted (9.10.1989) by The Social Security (Medical Evidence, Claims and Payments) Amendment Regulations 1989 (S.I. 1989/1686), regs. 1, 6
F32Reg. 35A omitted (24.10.2005) by virtue of The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 13(2)
36.—[F33(1)] [F34Except where a wife has elected in accordance with regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election under section 77(9) of the Social Security Contributions and Benefits Act 1992) that guardian’s allowance is not to be paid to her husband,] where one of a married or unmarried couple residing together is entitled to child benefit[F35, [F36[F37working families' tax credit], [F38disabled persons' tax credit] or guardian’s allowance]] the Secretary of State [F39or the Board] may make arrangements whereby that benefit, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person's partner on behalf of the person entitled.
[F40(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations 2000 and—
(a)that person is one [F41member of a] couple or a member of a polygamous marriage;
(b)the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support[F42, an income-based jobseeker's allowance or an income-related employment and support allowance]; and
(c)both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations,
the Secretary of State may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that [F43in the qualifying week the other person has not yet attained the qualifying age].]
Textual Amendments
F33Reg. 36(1): reg. 36 renumbered as reg. 36(1) (2.11.2002) by The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 3) Regulations 2002 (S.I. 2002/2660), regs. 1, 2(3)
F34Words in reg. 36 inserted (20.9.1999) by The Social Security (Claims and Payments) Amendment Regulations 1999 (S.I. 1999/2358), regs. 1, 2(6)(a)
F35Words in reg. 36 substituted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1, 17
F36Words in reg. 36 substituted (20.9.1999) by The Social Security (Claims and Payments) Amendment Regulations 1999 (S.I. 1999/2358), regs. 1, 2(6)(b)
F37Words in reg. 36 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
F38Words in reg. 36 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
F39Words in reg. 36 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), 20, Sch. Pt. I
F40Reg. 36(2) added (2.11.2002) by The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 3) Regulations 2002 (S.I. 2002/2660), regs. 1, 2(3)
F41Words in reg. 36(2)(a) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 14(8) (with art. 3)
F42Words in reg. 36(2)(b) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 23
F43Words in reg. 36(2) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 6(2)
F4436A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Reg. 36A omitted (6.4.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I.1991/2741), regs. 1(1)(c), 18.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys