The Social Security (Miscellaneous Provisions)Amendment Regulations 1990

Amendment of regulation 30 of the Claims and Payments Regulations

11.—(1) Regulation 30 of the Claims and Payments Regulations (payments on death) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (5) after the words “the Social Security Act 1986” there shall be inserted the words “, or reduced earnings allowance or disablement benefit”.

(3) After paragraph (6) there shall be inserted the following paragraph—

“(6A) Where the conditions specified in paragraph (6B) are satisfied, a person may make a claim for reduced earnings allowance or disablement benefit, including any increase under section 61 or 63 of the Social Security Act 1975(1), in the name of a person who has died.

(6B) The conditions specified for the purposes of paragraph (6A) are—

(a) that the person who has died would have been entitled to the benefit claimed if he had made a claim for it in the prescribed manner and within the prescribed time;

(b) that within 6 months of a death certificate being issued in respect of the person who has died, the person making the claim has applied to the Secretary of State to be made an appointee of the person who has died and the Secretary of State has appointed him;

(c) the claim is made within 6 months of the appointment.”.

(4) In paragraph (7) after the words “in accordance with paragraph (5)” there shall be inserted the words “or paragraph (6A)”.

Modifications etc. (not altering text)

C1 Regs. 7-16 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

(1)

Subsections (3) and (4) were inserted into section 61 by paragraph 6 of Schedule 3 to the Social Security Act 1986 (c. 50).