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PART 2 E+W+SPayments on account of benefit

Payment on account of benefit where there is no award of benefitE+W+S

5.—(1) The Secretary of State may make a payment on account of benefit to A if—

(a)either of paragraphs (2) or (3) applies;

(b)it appears to the Secretary of State likely that the conditions of entitlement for benefit are satisfied; and

(c)the Secretary of State is satisfied that A is in financial need.

(2) This paragraph applies where A has made a claim for benefit but the claim has not yet been determined.

(3) This paragraph applies where A is not required to make a claim for benefit by virtue of—

(a)regulation 6 or 7 of the UC etc. Claims and Payments Regulations (claims not required for entitlement to universal credit or an employment and support allowance in certain cases); or, as the case may be,

(b)regulation 3 of the Claims and Payments Regulations (claims not required for entitlement to benefit in certain cases) M1,

but an award of benefit has not yet been made.

Marginal Citations

M1Regulation 3 has been amended by S.I. 1989/136, 1994/2943, 1999/2556, 1999/3178, 2000/1483, 2001/488, 2003/1589, 2005/1551, 2007/2470, 2008/441, 2008/1554, 2008/2667, 2009/1490 and 2010/840 and

1794.