The Social Security (Claims and Payments) Regulations 1987

Regulation 26

SCHEDULE 7 MANNER AND TIME OF PAYMENT, EFFECTIVE DATE OF CHANGE OF CIRCUMSTANCES AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

Manner of payment

1.  Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award by means of an instrument of payment.

Time of payment

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 unemployment benefit, sickness or invalidity benefit or severe disablement allowance and is not a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies unless he was in receipt of income support immediately before the trade dispute began; or

(c) in receipt of widow’s benefit and is not registering or required to register as available for work or providing or required to provide medical evidence of incapacity for work; or

(d) a person to whom section 23(8) of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

3.  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 and otherwise at such intervals and on such day as the Secretary of State may direct.

4.  In paragraph 3–

• “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

• “relevant social security benefit” means unemployment benefit, sickness benefit, invalidity benefit, severe disablement allowance, retirement pension or widow’s benefit.

Payment of small amounts of income support

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 support

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) Subject to sub-paragraphs (3) and (4), 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.

(3) If on the date for commencement of entitlement to income support determined under sub-paragraph (1) or, as the case may be, sub-paragraph (2) all the conditions for such entitlement are not satisfied entitlement shall commence on the first later date when those conditions are satisfied.

(4) Where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.

(5) If a claim is made by a claimant within 3 days of the date on which he became resident at a hostel as defined in regulation 20(2) of the Income Support (General) Regulations 1987(1) of a type mentioned in head (b)(iii) of that definition (hostel managed by voluntary body to provide care, support or supervision for rehabilitation or resettlement of persons within the community) then, except to the extent that it relates to amounts other than the charges for accommodation in the hostel, it shall be treated as having been made on the day he became so resident.

(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.

Date when change of circumstances is to take effect

7.—(1) Subject to sub-paragraph (2), where the amount of income support payable under an award is changed because of a change of circumstances that change shall have effect–

(a) where income support is paid in arrears, from the first day of the benefit week in which the change occurs or, if entitlement ends for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986, from the date of the change of circumstances; or

(b) where income support is paid in advance, from the date of the change of circumstances if that is the first day of the benefit week and otherwise from the next following such day.

(2) Where the change of circumstances requires a reduction in the amount of income support then, if the Secretary of State certifies that it is impracticable to give effect to that reduction from the date specified in sub-paragraph (1), the change shall have effect from the first day of the following benefit week.

(1)

S.I. 1987/1967.