The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2006

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.

(2) In regulation 4D(11)(2) (making a claim for state pension credit) after “month” insert “, or such longer period as the Secretary of State considers reasonable,”.

(3) In regulation 6(3) (date of claim)—

(a) in sub-paragraph (19)(b) before “re-awarded” insert “awarded or”;

(b) for paragraph (20) substitute—

“(20) The circumstances referred to in paragraph (19) are—

(a) that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal or termination of an award for a fixed period in such a way as to affect the original award; or

(b) at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided.”; and

(c) in paragraph (21) for sub-paragraph (b) substitute—

“(b) the further claim is made within three months of the date on which the qualifying benefit is awarded following a claim, whether initially, on revision or on appeal, or re-awarded following revision, supersession, appeal or further claim when an award for a fixed period expires, whether benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.”.

(4) In regulation 19(7)(4) (time for claiming benefit) after sub-paragraph (i) add—

“(j) the claimant was unable to make telephone contact with the appropriate office where he would be expected to notify his intention of making a claim because the telephone lines to that office were busy or inoperative.”.

(5) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a))—

(i) in sub-paragraph (5) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

(ii) omit sub-paragraph (5A);

(b) in paragraph 6 (fuel costs)—

(i) in sub-paragraph (6) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

(ii) omit sub-paragraph (6A);

(c) in paragraph 7 (water charges)—

(i) in sub-paragraph (8) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

(ii) omit sub-paragraph (9);

(d) in paragraph 8(5) (maximum amount of payment to third parties)—

(i) in sub-paragraph (2) omit “a sum equal to” to the end and substitute “a sum calculated in accordance with sub-paragraph (4);”;

(ii) omit sub-paragraph (2A); and

(iii) after sub-paragraph (3) add—

“(4) The sum referred to in sub-paragraph (2) is—

(a) where the claimant or partner does not receive child tax credit, 25 per cent of—

(i) in the case of income support, the applicable amount for the family as is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

(ii) in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; or

(iii) in the case of state pension credit, the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations 2002(6) which may be applicable in the particular case; or

(b) where the claimant or his partner receives child tax credit, 25 per cent of the sum of—

(i) the amount mentioned in sub-paragraphs (a)(i) to (iii), which applies to the claimant;

(ii) the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 2002(7); and

(iii) the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act(8).”.

(1)

S.I. 1987/1968.

(2)

Regulation 4D was inserted by S.I. 2002/3019 and paragraph (11) was amended by S.I. 2003/1632.

(3)

The relevant amending instruments are S.I. 2002/428 and 2005/337.

(4)

Regulation 19 was substituted by S.I. 1997/793.

(5)

The relevant amending instruments are S.I. 1990/2208, 1991/2284, 1992/1026, 1993/495, 1996/481 and 1460, 1997/827, 2002/3019 and 2005/777.

(6)

S.I. 2002/1792.

(7)

2002 c.21.

(8)

Section 8 was amended as it applies to polygamous units by S.I. 2003/742.