The Social Security (Claims and Payments) Regulations 1987

Payment to a partner as alternative payee E+W+S

36.— [F1 (1)] [F2 Except 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[F3 , [F4 [F5 working families' tax credit], [F6 disabled persons' tax credit] or guardian’s allowance]] the Secretary of State [F7 or 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.

[F8 (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 [F9 member 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[F10 , 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 [F11 in the qualifying week the other person has not yet attained the qualifying age].]

Textual Amendments

F1 Reg. 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)

F2 Words 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)

F3 Words in reg. 36 substituted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1, 17

F4 Words 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)

F5 Words 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

F6 Words 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

F7 Words 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

F8 Reg. 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)

F9 Words 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)

F10 Words 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

F11 Words 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)