Social Security Administration Act 1992

Changes over time for: Cross Heading: Claims and payments regulations

Version Superseded: 30/06/2014

Alternative versions:

Status:

Point in time view as at 20/05/2014.

Changes to legislation:

Social Security Administration Act 1992, Cross Heading: Claims and payments regulations is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Claims and payments regulationsU.K.

5Regulations about claims for and payments of benefitU.K.

(1)Regulations may provide—

(a)for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

(b)for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c)for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d)for permitting an award on such a claim to be made for such a period subject to [F1—

(i)the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

(ii)other prescribed conditions;]

[F2(e)for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of [F3the conditions referred to in paragraph (d)] are found not to have been satisfied;]

(f)for the disallowance on any ground of a person's claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g)for enabling one person to act for another in relation to a claim for a benefit to which this section applies [F4(including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly)] and for enabling such a claim to be made and proceeded with in the name of a person who has died;

F5(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(hh). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

(j)for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit [F6or of any other change of circumstance of a prescribed description];

(k)for the day on which entitlement to such a benefit is to begin or end;

(l)for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

(m)for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

F7(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p)for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

(q)for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

(r)[F8for the making of a payment on account of such a benefit—

(i)where no claim has been made and it is impracticable for one to be made immediately;

(ii)where a claim has been made and it is impracticable for the claim or an appeal, reference, review or application relating to it to be immediately determined;

(iii)where an award has been made but it is impracticable to pay the whole immediately]

[F8for the making of a payment on account of such a benefit—

(i)in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

(ii)in cases of need, or

(iii)in cases where the Secretary of State considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;]

[F9(1A)Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

(a)a claim or award relating to a benefit to which this section applies, or

(b)potential claims or awards relating to such a benefit.]

(2)This section applies to the following benefits—

[F10(za)universal credit;]

(a)benefits as defined in section 122 of the Contributions and Benefits Act;

[F11(aa)a jobseeker's allowance;]

[F12(ab)state pension credit]

[F13(ac)an employment and support allowance;]

[F14(ad)personal independence payment;]

(b)income support;

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)housing benefit;

(f)any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

[F16(fa)health in pregnancy grant;]

(g)child benefit; and

(h)Christmas bonus.

[F17(2A)The regulations may also require such persons as are prescribed to provide a rent officer with information or evidence of such description as is prescribed.

(2B)For the purposes of subsection (2A), the Secretary of State may prescribe any description of information or evidence which he thinks is necessary or expedient to enable rent officers to carry out their functions under section 122 of the Housing Act 1996.

(2C)Information or evidence required to be provided by virtue of subsection (2A) may relate to an individual claim or award or to any description of claims or awards.]

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(3B)The power in subsection (1)(i) above to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Secretary of State to determine to which of them all or any part of a payment should be made, and in particular for the Secretary of State—

(a)to determine that payment should be made to whichever of those persons they themselves nominate, or

(b)to determine that payment should be made to one of them irrespective of any nomination by them.]

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (1)(g), (i), (1)(p) and (q) above shall have effect as if statutory sick pay[F22, statutory maternity pay[F23, ordinary statutory paternity pay, additional statutory paternity pay] and statutory adoption pay] were benefits to which this section applies.

[F24(6)As it has effect in relation to [F25universal credit or] housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.]

Textual Amendments

F1Words in s. 5(1)(d) substituted (25.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 98(2), 150(3); S.I. 2013/358, art. 2(2), Sch. 2 para. 34

F2S. 5(1)(e) substituted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 79(1)(a); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1