The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013

Amendments to the Social Security (Claims and Payments) Regulations 1987

5.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.

(2) For regulation 5(1) (amendment and withdrawal of claim) substitute—

“5.— (1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Secretary of State or in such other manner as the Secretary of State may decide or accept.

(1A) Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance.”.

(3) In paragraph 4 of Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) for sub-paragraph (1)(b) substitute—

“(b) in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947(2) (provision by the Secretary of State of accommodation in camps); or

(c) in the case of state pension credit, is made to a person residing in—

(i) a care home as defined in regulation 1(2) of the State Pension Credit Regulations(3);

(ii) an independent hospital as defined in regulation 1(2) of those Regulations;

(iii) an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

(iv) accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,”;

(b) in sub-paragraph (2)(a), for “regulation 15(7)(d) of the State Pension Credit Regulations” substitute “sub-paragraph (1)(c)(ii)”; and

(c) in sub-paragraph (2A), for “or (b)” substitute “, (b) or (c)”.

(1)

S.I. 1987/1968, amended by S.I. 1992/3147, 2003/2325, 2005/34 and 2687, 2008/1554 and 2009/1490.

(2)

1947 (c. 19).

(3)

S.I. 2002/1792. amended by S.I. 2002/3197 and 2011/2581.