The Social Security (Claims and Payments) Regulations 1987

Changes over time for: Section 16

Version Superseded: 06/04/2016

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Point in time view as at 01/01/2014. This version of this provision has been superseded.

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Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rateE+W+S

16.—(1) For the purpose only of determining the day from which benefit is to become payable, where a benefit other than one of those specified in paragraph (4) is awarded for a period of a week, or weeks, and the earliest date on which entitlement would otherwise commence is not the first day of a benefit week, entitlement shall begin on the first day of the benefit week next following.

[F1(1A) Where a claim for [F2working families' tax credit] is made in accordance with paragraph 7(a) [F3or (aa)] of Schedule 4 for a period following the expiration of an existing award of [F2working families' tax credit] [F3or [F4disabled persons' tax credit],] entitlement shall begin on the day after the expiration of that award.

(1B) Where a claim for [F2working families' tax credit] [F5or [F4disabled persons' tax credit],] is made on or after the date when an up-rating order is made under [F6section 150 of the Social Security Administration Act 1992], but before the date when that order comes into force, and—

(a)an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and

(b)the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,

entitlement shall begin from the date the up-rating order comes into force.]

[F7(1C) Where a claim for [F4disabled persons' tax credit] is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of [F4disabled persons' tax credit] or [F2working families' tax credit], entitlement shall begin on the day after the expiration of that award.]

[F8(1D) Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.]

(2) Where there is a change in the rate of any benefit to which paragraph (1) applies [F9(other than widowed mother’s allowance and widow’s pension)] the change, if it would otherwise take effect on a day which is not the [F10first day of the benefit week] for that benefit, shall take effect from the [F10first day of the benefit week] next following.

[F11(2A) Subject to paragraph (2B), where there is a change in the rate of bereavement allowance, widowed mother’s allowance, widowed parent’s allowance or widow’s pension, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the first day of the benefit week next following.

(2B) Paragraph (2A) shall not apply in a case where an award of benefit is terminated and benefit is paid in arrears.

(2C) Where a benefit specified in paragraph (2A) is paid in advance and the award is terminated, the termination, if it would otherwise take effect on a day which is not the first day of a benefit week, shall take effect on the first day of the benefit week next following.]

[F12(2D) [F13Where an award of retirement pension] is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.]

[F12(2E) Except in a case where [F14paragraph (2F) or] regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.]

[F15(2F) Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act (annual up-rating of benefits, basic pension etc.) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.]

[F16(3) For the purposes of this regulation the first day of the benefit week—

(a)in the case of child benefit [F17and guardian’s allowance] is Monday,

(b)in the case of [F18working families' tax credit] [F19or [F20disabled persons' tax credit]] is Tuesday, and

(c)[F21in any other case is —

(i)when paid in advance, the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits) or 22A (bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension);

(ii)when paid in arrears, the first day of the period of 7 days which ends on the day on which the benefit is payable in accordance with [F22regulation 22, 22A or 22C].]]

(4) The benefits specified for exclusion from the scope of paragraph (1) are [F23jobseeker’s allowance], [F24incapacity benefit][F25, employment and support allowance], maternity allowance, F26... severe disablement allowance, income support [F27, state pension credit][F28, bereavement allowance, widowed parent’s allowance][F29, retirement pension payable in arrears under regulation 22C] F26... and any increase of those benefits.