The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997

Amendment of regulation 4 of the Claims and Payments Regulations

2.—(1) Regulation 4 of the Claims and Payments Regulations (making a claim for benefit) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) there shall be inserted after the words “Every claim for benefit” the words “other than a claim for income support or jobseeker’s allowance”.

(3) After paragraph (1) there shall be inserted the following paragraphs—

“(1A) In the case of a claim for income support or jobseeker’s allowance, the claim shall—

(a) be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made;

(b) unless any of the reasons specified in paragraph (1B) applies, be made in accordance with the instructions on the form; and

(c) unless any of the reasons specified in paragraph (1B) applies, include such information and evidence as the form may require in connection with the claim.

(1B) The reasons referred to in paragraph (1A) are—

(a) (i) the person making the claim is unable to complete the form in accordance with the instructions or to obtain the information or evidence it requires because he has a physical, learning, mental or communication difficulty; and

(ii) it is not reasonably practicable for the claimant to obtain assistance from another person to complete the form or obtain the information or evidence;

• or

(b) the information or evidence required by the form does not exist;

or

(c) the information or evidence required by the form can only be obtained at serious risk of physical or mental harm to the claimant, and it is not reasonably practicable for the claimant to obtain the information or evidence by other means;

• or

(d) the information or evidence required by the form can only be obtained from a third party, and it is not reasonably practicable for the claimant to obtain such information or evidence from such third party;

• or

(e) the Secretary of State is of the opinion that the person making the claim has provided sufficient information or evidence to show that he is not entitled to the benefit for which the claim is made, and that it would be inappropriate to require the form to be completed or further information or evidence to be supplied.

(1C) If a person making a claim is unable to complete the claim form or supply the evidence or information it requires because one of the reasons specified in sub-paragraphs (a) to (d) of paragraph (1B) applies, he may so notify an appropriate office by whatever means.”.

(4) For paragraph (5) there shall be substituted the following paragraph—

“(5) Where a person who wishes to make a claim for benefit and who has not been supplied with an approved form of claim notifies an appropriate office (by whatever means) of his intention to make a claim, he shall be supplied, without charge, with such form of claim by such person as the Secretary of State may appoint or authorise for that purpose.”.

(5) In paragraph (7) there shall be inserted after the words “If a claim” the words “, other than a claim for income support or jobseeker’s allowance,”.

(6) After paragraph (7) there shall be added the following paragraph—

“(7A) In the case of a claim for income support or jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) or 6(4A) relating to the date of claim.”.

(7) For paragraph (8) there shall be substituted the following paragraphs—

“(8) A claim, other than a claim for income support or jobseeker’s allowance, which is made on the form approved for the time being is, for the purposes of these Regulations, properly completed if completed in accordance with the instructions on the form and defective if not so completed.

(9) In the case of a claim for income support or jobseeker’s allowance, a properly completed claim is a claim which meets the requirements of paragraph (1A) and a defective claim is a claim which does not meet those requirements.”.