The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2002

Amendment of regulation 6 of the Claims and Payments Regulations

2.—(1) Regulation 6 of the Claims and Payments Regulations(1) (date of claim) shall be amended in accordance with the following paragraphs.

(2) In paragraph (16)(b) for the word “payable” there shall be substituted the word “awarded”.

(3) In paragraph (17)(c) after the words “the claimant” there shall be inserted the words “, a member of his family or the disabled person”.

(4) In paragraph (18) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a) a claim for the qualifying benefit was made not later than 10 working days after the date of the original claim and the claim for the qualifying benefit had not been decided;

(b) after the original claim had been decided the claim for the qualifying benefit had been decided in favour of the claimant, a member of his family or the disabled person; and”.

(5) In paragraph (19)(b) for the words “again becomes payable” there shall be substituted the words “is re-awarded”.

(6) In paragraph (21)(a) for the words “the claimant’s or the disabled person’s favour” there shall be substituted the words “favour of the claimant, a member of his family or the disabled person”.

(7) In paragraph (22)—

(a) after the words “paragraphs (16) to (21)” there shall be inserted the words “and (30)”;

(b) in the definition of “qualifying benefit”, in paragraph (d), after the words “any other relevant benefit which” there shall be inserted the words “, when it is awarded or re-awarded,”; and

(c) after the definition of “the disabled person” there shall be added the following definition—

• ““family” has the same meaning as in section 137(1) of the Contributions and Benefits Act(2) or, as the case may be, section 35(1) of the Jobseekers Act(3).”.

(8) After paragraph (29) there shall be added the following paragraph—

“(30) Where—

(a) a claimant was awarded income support or income-based jobseeker’s allowance (“the original award”);

(b) the original award was terminated and not later than 10 working days after the termination, the claimant, a member of his family or the disabled person claimed a qualifying benefit; and

(c) the claimant makes a further claim for income support or income-based jobseeker’s allowance within 3 months of the date on which the claim for the qualifying benefit was decided,

the further claim shall be treated as made on the date of termination of the original award or the first date in respect of which the qualifying benefit is awarded, whichever is the later.”.

(1)

Paragraphs (16) to (19), (21) and (22) were substituted by S.I. 2000/1596 and paragraph (29) was added by S.I. 1997/2290 and amended by S.I. 2000/1596.

(2)

1992 c. 4.

(3)

1995 c. 18.