Chwilio Deddfwriaeth

The Social Security (Claims and Payments) Regulations 1987

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Making a claim for benefitE+W+S

4.—(1) [F1Subject to [F2paragraphs (10) to (11B),] every] claim for benefit [F3other than a claim for income support or jobseeker’s allowance] shall be made in writing on a form approved by the Secretary of State [F4or the Board] [F5for the purpose of the benefit for which the claim is made], or in such other manner, being in writing, as the Secretary of State [F4or the Board] may accept as sufficient in the circumstances of any particular case.

[F6(1A) [F7Subject to paragraph (11A), in the case of] of a claim for income support or jobseeker’s allowance, the claim shall—

(a)be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made;

(b)unless any of the reasons specified in paragraph (1B) applies, be made in accordance with the instructions on the form; and

(c)unless any of the reasons specified in paragraph (1B) applies, include such information and evidence as the form may require in connection with the claim.

(1B) The reasons referred to in paragraph (1A) are—

(a)[F8subject to paragraph (1BA),]

(i)the person making the claim is unable to complete the form in accordance with the instructions or to obtain the information or evidence it requires because he has a physical, learning, mental or communication difficulty; and

(ii)it is not reasonably practicable for the claimant to obtain assistance from another person to complete the form or obtain the information or evidence;

  • or

(b)the information or evidence required by the form does not exist;

or

(c)the information or evidence required by the form can only be obtained at serious risk of physical or mental harm to the claimant, and it is not reasonably practicable for the claimant to obtain the information or evidence by other means;

  • or

(d)the information or evidence required by the form can only be obtained from a third party, and it is not reasonably practicable for the claimant to obtain such information or evidence from such third party;

  • or

(e)the Secretary of State is of the opinion that the person making the claim [F9or, in the case of a claim for a jobseeker’s allowance by a joint-claim couple, either member of that couple,] has provided sufficient information or evidence to show that he is not entitled to the benefit for which the claim is made, and that it would be inappropriate to require the form to be completed or further information or evidence to be supplied.

[F10(1BA) In the case of a joint-claim couple claiming a jobseeker’s allowance jointly, paragraph (1B)(a) shall not apply to the extent that it is reasonably practicable for a member of a joint-claim couple to whom that sub-paragraph applies to obtain assistance from the other member of that couple.]

(1C) If a person making a claim is unable to complete the claim form or supply the evidence or information it requires because one of the reasons specified in sub-paragraphs (a) to (d) of paragraph (1B) applies, he may so notify an appropriate office by whatever means.]

[F11(1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b), there shall be disregarded any period commencing on a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part.]

[F12(2) In the case of a claim for working families' tax credit, where a married or unmarried couple is included in the family, the claim shall be made by whichever partner they agree should so claim.]

[F12(2A) Where, in a case to which paragraph (2) applies, the partners are unable to agree which of them should make the claim, the Board may in their discretion determine that the claim shall be made by the partner who, on the information available to the Board at the time of their determination, is in their opinion mainly caring for the children.]

(3) [F13Subject to paragraph (3C),] in the case of [F14a couple], a claim for income support shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine.

[F15(3A) In the case of a married or unmarried couple where both partners satisfy the conditions set out in [F16section 129(1) of the Social Security Contributions and Benefits Act 1992], a claim for [F17disabled persons' tax credit] shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the [F18Board] shall determine.]

[F19(3B) For the purposes of income-based jobseeker’s allowance—

(a)in the case of [F20a couple], a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;

[F21(b)where there is no entitlement to a contribution-based jobseeker’s allowance on a claim made—

(i)by a member of a joint-claim couple, he subsequently claims a joint-claim jobseeker’s allowance with the other member of that couple, the claim made by the couple shall be treated as having been made on the date on which the member of that couple made the claim for a jobseeker’s allowance in respect of which there was no entitlement to contribution-based jobseeker’s allowance;

(ii)by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim;]

(c)where entitlement to income-based jobseeker’s allowance arises on the expiry of entitlement to contribution-based jobseeker’s allowance consequent on a claim made by one partner and the other partner then makes a claim—

(i)the claim of the first partner shall be terminated; and

(ii)the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker’s allowance expired.]

F22(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where one of [F23a couple] is entitled to income support under an award and, with his agreement, his partner claims income support that entitlement shall terminate on the day before that claim is made or treated as made.

[F24(5) Where a person who wishes to make a claim for benefit and who has not been supplied with an approved form of claim notifies an appropriate office (by whatever means) of his intention to make a claim, he[F25, or if he is a member of a joint-claim couple, either member of that couple] shall be supplied, without charge, with such form of claim by such person as the Secretary of State [F26or the Board] may appoint or authorise for that purpose.]

[F27(6) [F28Subject to paragraphs (6A) to (6D),] a person wishing to make a claim for benefit shall—

(a)if it is a claim for a jobseeker’s allowance, unless the [F29employment officer] otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the [F29employment officer] may specify in his case in a [F30notification under regulation 23 or 23A] of the Jobseeker’s Allowance Regulations;

(b)if it is a claim for any other benefit, deliver or send the claim to an appropriate office.]

[F31(6A) [F32This paragraph applies to a person]

(a)who has attained the qualifying age and makes a claim for—

(i)an attendance allowance, [F33widowed parent’s allowance], a carer’s allowance, a disability living allowance or incapacity benefit; or

(ii)a retirement pension of any category[F34, a state pension under Part 1 of the Pensions Act 2014] [F35or a shared additional pension] for which a claim is required or a winter fuel payment for which a claim is required under regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations 2000 ;

(b)who has not yet attained the qualifying age and makes a claim for a retirement pension[F36, a state pension under Part 1 of the Pensions Act 2014] [F37or a shared additional pension] in advance in accordance with regulation 15(1); F38...

[F39(c)who makes a claim for income support; or]

[F40(d)who has not attained the qualifying age and who makes a claim for a carer's allowance, disability living allowance[F41, incapacity benefit or an employment and support allowance].]

(6B) A person to whom paragraph (6A) applies may make a claim by sending or delivering it to, or by making it in person at—

(a)an office designated by the Secretary of State for accepting such claims; or

[F42(b)the offices of—

(i)a local authority administering housing benefit F43...,

(ii)a county council in England,

(iii)a person providing services to a person mentioned in head (i) or (ii),

(iv)a person authorised to exercise any function of a local authority relating to housing benefit F44..., or

(v)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this sub-paragraph,]

provided that the claim is made on a form which is approved by the Secretary of State for the purpose.

(6C) Where a person to whom paragraph (6A) applies makes a claim in accordance with paragraph (6B)(b), on receipt of the claim the local authority or other person specified in that sub-paragraph—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by—

(i)the person making, or who has made, the claim; or

(ii)other persons in connection with the claim,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and shall forward the information or evidence to the Secretary of State as soon as reasonably practicable;

[F45(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraphs (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or who has made, the claim.

[F46(6CC) Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.]

(6D) The benefits specified in paragraph (6A) are relevant benefits for the purposes of section 7A of the Social Security Administration Act 1992.]

[F47(7) If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B) where that paragraph applies—

(a)the Secretary of State shall advise the claimant of the defect; and

(b)if a properly completed claim is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is [F48first] advised of the defect, the Secretary of State shall treat the claim as properly made in the first instance.]

[F47(7ZA)  If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being—

(a)the Secretary of State may supply the claimant with the approved form; and

(b)if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is supplied with the approved form, the Secretary of State shall treat the claim as properly made in the first instance.]

[F49(7A) In the case of a claim for income support, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) relating to the date of claim.]

[F49(7B) In the case of a claim for a jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise—

(a)in the case of a claim made by a joint-claim couple, each member of the couple of the defect and of the relevant provisions of regulation 6(4ZA) relating to the date of the claim;

(b)in any other case, the person making the claim of the defect and of the relevant provisions of regulation 6(4A) relating to the date of claim.]

[F50(8) A claim, other than a claim for income support or jobseeker’s allowance, which is made on the form approved for the time being is, for the purposes of these Regulations, properly completed if completed in accordance with the instructions on the form and defective if not so completed.]

[F51(8A) Where—

(a)the Board determine under paragraph (2A) that a claim for working families' tax credit shall be made by the partner who in their opinion is mainly caring for the children,

(b)a claim for working families' tax credit is made by that partner on the form approved for the time being, and

(c)the claim is not completed in accordance with the instructions on the form by reason only that, in consequence of the other partner not agreeing which of them should make the claim, it has not been signed by the other partner,

the Board may in their discretion treat that claim as completed in accordance with the instructions on the form for the purposes of paragraph (8), notwithstanding that it has not been signed by the other partner in accordance with those instructions.]

[F50(9) In the case of a claim for income support or jobseeker’s allowance, a properly completed claim is a claim which meets the requirements of paragraph (1A) and a defective claim is a claim which does not meet those requirements.]

[F52(10) This regulation shall not apply to a claim for state pension credit[F53, subject to regulation 6(1G),] [F54or an employment and support allowance].]

[F55[F56(11) A claim for the following benefits may be made by telephone call to a telephone number specified by the Secretary of State for the purpose of the benefit for which the claim is made, unless the Secretary of State directs, in any particular case, that the claim must be made in writing—

(a)graduated retirement benefit;

(b)a shared additional pension;

(c)a retirement pension;

(d)a state pension under Part 1 of the Pensions Act 2014;

(e)[F57widowed parent’s allowance;]

[F57(ea)bereavement support payment;]

(f)a social fund payment for funeral expenses or winter fuel payment;

(g)industrial injuries benefit.]

[F58(11A) A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Secretary of State where such a claim falls within a category of case [F59for which the Secretary of State accepts telephone claims, or in any other case where the Secretary of State is willing to do so].

(11B) Paragraph (11A) shall apply unless in any particular case the Secretary of State directs that the claim must be made in writing.]

[F60(12) A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Secretary of State is provided with all the information required to determine the claim and the claim is defective if not so completed.]

[F61(13) Where a claim made by telephone is defective—

(a)in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;

(b)in the case of a claim for income support, paragraph (7A) applies; and

(c)in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,

except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.]

F62(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F4Words in reg. 4(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

F12Reg. 4(2)(2A) substituted for reg. 4(2) (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), 4(a)

F16Words in reg. 4(3A) 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), 4(b)

F17Words in reg. 4(3A) 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

F18Word in reg. 4(3A) 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), 21, Sch. Pt. II

F26Words in reg. 4(5) 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

F33Words in reg. 4(6A)(a)(i) substituted (coming into force in accordance with art. 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(4)(a)

F34Words in reg. 4(6A)(a)(ii) 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(4)(a)

F36Words in reg. 4(6A)(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(4)(b)

F51Reg. 4(8A) 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), 4(c)

F57Reg. 4(11)(e)-(ea) substituted for reg. 4(11)(e) (coming into force in accordance with art. 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(4)(b)

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