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Regulation 26

SCHEDULE 7E+W+S[F1TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES]

Textual Amendments

Manner of paymentE+W+S

[F11.  Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.]

Time of paymentE+W+S

2.  Income support shall be paid in advance where the claimant is–

(a)in receipt of retirement pension; or

(b)over pensionable age and not in receipt of F2... [F3incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies] unless he was in receipt of income support immediately before the trade dispute began; or

(c)[F4subject to paragraph 2ZA] in receipt of widow's benefit [F5or [F6widowed parent’s allowance]] and is not F7... providing or required to provide medical evidence of incapacity for work; or

(d)a person to whom [F8section 23(A)] of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

Textual Amendments

F6Words in Sch. 7 para. 2(c) 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(13)(a)

[F92ZA.  Paragraph 2(c) shall only apply where a widow’s benefit or a [F10widowed parent’s allowance] is paid in advance.]

Textual Amendments

F10Words in Sch. 7 para. 2ZA 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(13)(b)

[F112A.—(1) For the purposes of this paragraph–

(a)“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and

(b)“office closure” means a period during which an office of the Department of Social Security or associated office [F12or any office to which a claim may be made in accordance with regulation 4A(1)] is closed in connection with a public holiday.

(2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.

(3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.]

Textual Amendments

[F133.—(1) Subject to [F14sub–paragraph (1A) and to] any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.E+W+S

[F15(1A) Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.]

(2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.]

Textual Amendments

[F163A.—(1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.E+W+S

(2) In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.]

Textual Amendments

4.  [F17In this Schedule] –

“benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

[F18“Income Support Regulations” means the Income Support (General) Regulations 1987]

“relevant social security benefit” means F19... [F20incapacity benefit], severe disablement allowance, retirement pension[F21, [F22widowed parent’s allowance]] or widow's benefit.

Textual Amendments

F22Words in Sch. 7 para. 4 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(13)(c)

Payment of small amounts of income supportE+W+S

5.  Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income supportE+W+S

6.—(1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

(2) [F23Subject to sub-paragraphs (2A) and (3)] , in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

[F24(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.]

[F25(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation] [F26except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.]

F27(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.]

F29(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

Textual Amendments

[F30Date from which superseding decision on ground of change of circumstances takes effect]E+W+S

F317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments