The Social Security (Claims and Payments) Amendment Regulations 1991

Amendment of regulation 6

4.  In regulation 6 (date of claim)–

(a) in paragraph (3)(1) after the words “family credit” there shall be inserted the words “, disability working allowance”;

(b) in paragraph (4) for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”;

(c) in paragraph (5)(2)–

(a) after the words “attendance allowance” there shall be inserted the words “or disability living allowance or a request under paragraph (8)”; and

(b) for the word “claim” in the second and third place where it occurs there shall be substituted the words “claim or request”;

(d) after paragraph (7) there shall be added the following paragraphs–

“(8) Where–

(a) a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and

(b) in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and

(c) within the time specified the claim form properly completed is received in an appropriate office,

the date on which the claim is made shall be the date on which the request was received in the appropriate office.

(9) In paragraph (8)–

“a claim form” means a form approved by the Secretary of State under regulation 4(1);

“properly completed” has the meaning assigned by regulation 4(8);

“the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.”

(e) after paragraph (9) there shall be added the following paragraphs–

“(10) Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for disability working allowance in that week the claim shall be treated as made on the Tuesday of that week.

(11) Where a claim for disability working allowance in respect of a person has been refused and a further claim for the same allowance is made in respect of him within the period prescribed under section 100A(1) of the Social Security Act 1975(3) and that further claim has been treated as an application for review in accordance with section 100A(12) of that Act then the original claim shall be treated as made on the date on which the further claim is made or treated as made.”.

(1)

Relevant amending instruments are S.I. 1988/522, 1725 and 1991/2284.

(2)

Relevant amending instrument is S.I. 1989/1686.

(3)

Section 100A was inserted by section 4 of and paragraph 5 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance Act 1991.