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The Social Security (Claims and Payments) Regulations 1987

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PART IE+W+SGENERAL

Citation[F1, commencement and application] E+W+S

F11.—[F2(1)] These Regulations may be cited as the Social Security (Claims and Payments) Regulations 1987 and shall come into operation on 11th April 1988.

[F3(2) In so far as these Regulations apply to—

(a)an employment and support allowance, they apply to that allowance under Part 1 of the Welfare Reform Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-related allowance;

(b)a jobseeker's allowance, they apply to that allowance under the Jobseekers Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance.

(3) These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).]

Textual Amendments

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

F4[F5...]

[F6“the 1992 Act” means the Social Security Administration Act 1992;]

[F7“the 2000 Act” means the Electronic Communications Act 2000;]

[F8“the 2002 Act” means the State Pension Credit Act 2002;]

[F9“the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;]

[F8“advance period” means the period specified in regulation 4E(2);]

[F10“appropriate office” means an office of the Department for Work and Pensions and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Secretary of State for that purpose.]

F11[F12...]

[F13“bereavement benefit” means—

(a)

a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014;

(b)

a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; and

(c)

widowed parent’s allowance;]

[F13“bereavement support payment” means bereavement support payment under section 30 of the Pensions Act 2014;]

[F14“the Board” means the Commissioners of Inland Revenue; and references to “the Board” in these Regulations have effect only with respect to working families' tax credit and disabled person’s tax credit;]

[F15“claim for asylum” has the same meaning as in the Asylum and Immigration Appeals Act 1993;]

“claim for benefit” includes–

(a)

an application for a declaration that an accident was an industrial accident;

(b)

F16...

(c)

an application for [F17a revision under section 9 of the Social Security Act 1998 or a supersession under section 10 of that Act of] a decision for the purpose of obtaining any increase of benefit [F18in respect of a child or adult dependant under the Social Security Act 1975 or an increase in disablement benefit under section 60 (special hardship), 61 (constant attendance), 62 (hospital treatment allowance) or 63 (exceptionally severe disablement) of the Social Security Act 1975], but does not include any other application for [F19a revision or a supersession of] a decision;

[F20“Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

F21[F22“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together [F23as if they were a married couple or civil partners];]

[F24“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;]

[F25“disabled person’s tax credit” and “working families' tax credit” shall be construed in accordance with section 1(1) of the Tax Credits Act 1999;.]

[F26“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;]

[F27“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

[F28“guarantee credit” is to be construed in accordance with sections 1 and 2 of the 2002 Act;]

F29[F30...]

[F31“the Jobseekers Act” means the Jobseekers Act 1995;]

F32[F31...; ]

[F31“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996;]

[F33“joint-claim couple” and “joint-claim jobseeker’s allowance” have the same meaning in these Regulations as they have in the Jobseekers Act by virtue of section 1(4) of that Act;]

[F34“limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act]

“long-term benefits” means any retirement pension, [F35a shared additional pension,] a widowed mother's allowance, a widow's pension, [F36widowed parent’s allowance, F37...] attendance allowance, [F38disability living allowance], [F39carer’s allowance], F40... any pension or allowance for industrial injury or disease and any increase in any such benefit;

F41...

“partner” means one of [F42a couple];

[F43“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;]

F44...

[F43“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 in respect of employed earners and in the case of self-employed earners, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;]

[F45“qualifying age” has the same meaning as in the 2002 Act by virtue of section 1(6) of that Act;]

[F15“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;]

[F46“relevant authority” means a person within section 72(2) of the Welfare Reform and Pensions Act 1999;]

[F43“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;]

[F47“shared additional pension” means a shared additional pension under section 55A [F48or 55AA] of the Contributions and Benefits Act;]

[F49“social fund funeral payment” means a funeral payment within the meaning of regulation 7(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005[F50, including social fund payments made under The Social Fund (Children’s Funeral Fund for England) Regulations 2019];]

[F51“state pension credit” means state pension credit under the 2002 Act;]

[F51“State Pension Credit Regulations” means the State Pension Credit Regulations 2002;]

[F52“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]

F41...

“week” means a period of 7 days beginning with midnight between Saturday and Sunday.

[F53“the Welfare Reform Act” means the Welfare Reform Act 2007;]

[F20“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;]

[F54“working age benefit” means any of the following—

(a)

F55...

(b)

an employment and support allowance;

(c)

incapacity benefit;

(d)

income support;

(e)

a jobseeker’s allowance;

(f)

widowed mother’s allowance;

(g)

widowed parent’s allowance;

(h)

widow’s pension.]

(2) Unless the context otherwise requires, any reference in these Regulations to–

(a)a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation having that number;

(b)a benefit includes any benefit under the Social Security Act 1975 M1, child benefit under Part I of the Child Benefit Act 1975 M2, income support[F56, state pension credit][F57,[F58working families' tax credit] and [F59disabled persons' tax credit]] under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) [F60and section 32(2A)] of that Act[F61, state pension under Part 1 of the Pensions Act 2014] [F62and a jobseeker’s allowance under Part I of the Jobseekers Act][F63, a shared additional pension[F64, bereavement support payment] or an employment and support allowance under Part 1 of the Welfare Reform Act].

[F65(2A) References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to “benefit”, “income support” or “a jobseeker’s allowance”, include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 1996, is to be treated as payable as income support or, as the case may be, as a jobseeker’s allowance.]

(3) For the purposes of the provisions of these Regulations relating to the making of claims every increase of benefit under the Social Security Act 1975 shall be treated as a separate benefit F66....

[F67(4) In these Regulations, references to “beneficiary” include any person entitled to state pension credit.]

Textual Amendments

F5Words in reg. 2(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(a)

F13Words in reg. 2(1) substituted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(i)

F14Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(c)

F24Words in reg. 2(1) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 4) Regulations 2002 (S.I. 2002/1696), regs. 1(1), 13(b)

F25Words in reg. 2(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 3(d)

F26Words in reg. 2(1) inserted (28.10.2002 for specified purposes, 1.12.2003 for further specified purposes) by The Social Security (Electronic Communications) (Child Benefit) Order 2002 (S.I. 2002/1789), arts. 1(1), 2(b); S.I. 2003/2800, arts. 1(1), 2(1)(b)

F37Words in reg. 2(1) omitted (coming into force in accordance with arts. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(ii)

F48Words in reg. 2(1) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(2)(a)

F55Words in reg. 2(1) omitted (coming into force in accordance with arts. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(a)(iii)

F58Words in reg. 2(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F59Words in reg. 2(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F61Words in reg. 2(2)(b) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(2)(b)

F64Words in reg. 2(2)(b) inserted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(2)(b)

Marginal Citations

M11975 c. 14; amendments altering the range of benefits available under this Act were made by the Social Security Pensions Act 1975 (c. 60), sections 15, 16, 22 and 66(2), the Social Security and Housing Benefits Act 1982 (c. 24), s.39, the Health and Social Security Act 1984 (c. 48), sections 11 to 13 and Schedule 5 and the Social Security Act 1986 (c. 50), sections 36 to 42, Schedule 3 and Schedule 4, paragraph 13.

PART IIE+W+SCLAIMS

Claims not required for entitlement to benefit in certain casesE+W+S

3.—[F68(1)] It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–

[F69(za)in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;]

(a)in the case of a Category C retirement pension where the beneficiary is in receipt of–

(i)another retirement pension under the Social Security Act 1975; or

(ii)widow's benefit under Chapter 1 of Part II of that Act; or

(iii)benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance; [F70or]

[F71(iv)widowed parent’s allowance;]

(b)in the case of a Category D retirement pension where the beneficiary–

(i)was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and

(ii)is in receipt of another retirement pension under the Social Security Act 1975;

(c)age addition in any case;

[F72(ca)in the case of a Category A retirement pension where the beneficiary—

(i)is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii)becomes divorced or the beneficiary’s civil partnership is dissolved;]

[F73(cb)in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and

(i)the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension [F74or a state pension under section 4 of the Pensions Act 2014]; or

(ii)the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension [F75or a state pension under section 4 of the Pensions Act 2014];] [F76or]

[F76(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension [F77or a state pension under section 4 of the Pensions Act 2014] at the date of death;]

(d)in the case of a Category A or B retirement pension [F78or a state pension under Part 1 of the Pensions Act 2014]–

(i)where the beneficiary is a woman [F79who has reached pensionable age and is] entitled to a widowed mother's allowance F80..., on her ceasing to be so entitled; F81...

F81(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F83(e)in the case of retirement allowance.]

F84(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85(g)in the case of a jobseeker’s allowance where–

(i)payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(ii)the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;]

[F86(h)in the case of income support where the beneficiary—

(i)is a person to whom regulation F87... [F886(5)] of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;

(ii)was in receipt of an income-based jobseeker’s allowance [F89or an income-related employment and support allowance] on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of [F90those paragraphs]; and

(iii)would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of F91... [F92regulation 6(6)] of those Regulations.]

[F93(i)in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.]

[F94(j)in the case of an employment and support allowance where—

(i)the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.]

[F95(ja)in the case of a state pension under any section of Part 1 of the Pensions Act 2014 where the beneficiary is entitled to—

(i)a state pension under a different section of Part 1 of that Act; or

(ii)another state pension under the same section of Part 1 of that Act.]

[F96(2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—

(a)

a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; or

(b)

a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.]

Textual Amendments

F68Reg. 3(1): reg. 3 renumbered as reg. 3(1) (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 5(2)

F71Reg. 3(1)(a)(iv) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(3)(a)

F74Words in reg. 3(1)(cb)(i) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)

F75Words in reg. 3(1)(cb)(ii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)

F77Words in reg. 3(1)(cb)(iii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(a)

F78Words in reg. 3(1)(d) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(b)

F82Reg. 3(1)(da) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(3)(c)

F94Reg. 3(1)(j) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Employment and Support Allowance (Repeat Assessments and Pending Appeal Awards) (Amendment) Regulations 2015 (S.I. 2015/437), regs. 1, 5(3)

F95Reg. 3(1)(ja) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(3)(d)

Modifications etc. (not altering text)

[F97Notification that claim not required for entitlement to a Category A or B retirement pensionE+W+S

3A.—(1) Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Secretary of State that no claim is required for a Category A or B retirement pension.

(2) The day referred to in paragraph (1) is—

(a)the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or

(b)such later day as the Secretary of State may consider reasonable in any particular case or class of case.

(3) The Secretary of State may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary—

(a)is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the legislation listed in paragraph (7); and

(b)is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit.

(4) Receipt of a written notification under paragraph (1) does not affect the requirement that a beneficiary who—

(a)before reaching pensionable age, informs the Secretary of State that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act; or

(b)after reaching pensionable age, elects to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979,

must make a claim in order subsequently to be entitled to a Category A or B retirement pension.

(5) For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who—

(a)has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and

(b)has not yet received the first payment of that benefit.

(6) For the purposes of this regulation—

“exempt benefit” means any of the following—

(a)

an employment and support allowance;

(b)

income support;

(c)

a jobseeker’s allowance;

(d)

long-term incapacity benefit;

(e)

state pension credit; and

“non-exempt benefit” means any of the following—

(a)

carer’s allowance;

(b)

short-term incapacity benefit;

(c)

severe disablement allowance;

(d)

widowed mother’s allowance;

(e)

widow’s pension.

(7) The legislation referred to in paragraph (3)(a) is—

(a)section 19 of the Jobseekers Act(circumstances in which a jobseeker’s allowance is not payable);

(b)section 20A of that Act(denial or reduction of joint-claim jobseeker’s allowance);

(c)regulations made by virtue of any of the following provisions of the Jobseekers Act—

(i)section 8(2)(a)(attendance, information and evidence);

(ii)section 17A(5)(d)(schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.);

(iii)paragraph 7(1)(a) of Schedule A1(persons dependent on drugs etc.);

[F98(ca)any provision of the Social Security Fraud Act 2001 and regulations made by virtue of any such provision;]

(d)regulation 18 of the Social Security (Incapacity for Work) (General) Regulations 1995 disqualification for misconduct etc.); and

(e)regulation 157 of the Employment and Support Allowance Regulations (disqualification for misconduct etc.).]

Textual Amendments

Making a claim for benefitE+W+S

4.—(1) [F99Subject to [F100paragraphs (10) to (11B),] every] claim for benefit [F101other than a claim for income support or jobseeker’s allowance] shall be made in writing on a form approved by the Secretary of State [F102or the Board] [F103for the purpose of the benefit for which the claim is made], or in such other manner, being in writing, as the Secretary of State [F102or the Board] may accept as sufficient in the circumstances of any particular case.

[F104(1A) [F105Subject to paragraph (11A), in the case of] 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)[F106subject to paragraph (1BA),]

(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 [F107or, in the case of a claim for a jobseeker’s allowance by a joint-claim couple, either member of that couple,] 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.

[F108(1BA) In the case of a joint-claim couple claiming a jobseeker’s allowance jointly, paragraph (1B)(a) shall not apply to the extent that it is reasonably practicable for a member of a joint-claim couple to whom that sub-paragraph applies to obtain assistance from the other member of that couple.]

(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.]

[F109(1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b), there shall be disregarded any period commencing on a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part.]

[F110(2) In the case of a claim for working families' tax credit, where a married or unmarried couple is included in the family, the claim shall be made by whichever partner they agree should so claim.]

[F110(2A) Where, in a case to which paragraph (2) applies, the partners are unable to agree which of them should make the claim, the Board may in their discretion determine that the claim shall be made by the partner who, on the information available to the Board at the time of their determination, is in their opinion mainly caring for the children.]

(3) [F111Subject to paragraph (3C),] in the case of [F112a couple], a claim for income support shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine.

[F113(3A) In the case of a married or unmarried couple where both partners satisfy the conditions set out in [F114section 129(1) of the Social Security Contributions and Benefits Act 1992], a claim for [F115disabled persons' tax credit] shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the [F116Board] shall determine.]

[F117(3B) For the purposes of income-based jobseeker’s allowance—

(a)in the case of [F118a couple], a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;

[F119(b)where there is no entitlement to a contribution-based jobseeker’s allowance on a claim made—

(i)by a member of a joint-claim couple, he subsequently claims a joint-claim jobseeker’s allowance with the other member of that couple, the claim made by the couple shall be treated as having been made on the date on which the member of that couple made the claim for a jobseeker’s allowance in respect of which there was no entitlement to contribution-based jobseeker’s allowance;

(ii)by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim;]

(c)where entitlement to income-based jobseeker’s allowance arises on the expiry of entitlement to contribution-based jobseeker’s allowance consequent on a claim made by one partner and the other partner then makes a claim—

(i)the claim of the first partner shall be terminated; and

(ii)the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker’s allowance expired.]

F120(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where one of [F121a couple] is entitled to income support under an award and, with his agreement, his partner claims income support that entitlement shall terminate on the day before that claim is made or treated as made.

[F122(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[F123, or if he is a member of a joint-claim couple, either member of that couple] shall be supplied, without charge, with such form of claim by such person as the Secretary of State [F124or the Board] may appoint or authorise for that purpose.]

[F125(6) [F126Subject to paragraphs (6A) to (6D),] a person wishing to make a claim for benefit shall—

(a)if it is a claim for a jobseeker’s allowance, unless the [F127employment officer] otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the [F127employment officer] may specify in his case in a [F128notification under regulation 23 or 23A] of the Jobseeker’s Allowance Regulations;

(b)if it is a claim for any other benefit, deliver or send the claim to an appropriate office.]

[F129(6A) [F130This paragraph applies to a person]—

(a)who has attained the qualifying age and makes a claim for—

(i)an attendance allowance, [F131widowed parent’s allowance], a carer’s allowance, a disability living allowance or incapacity benefit; or

(ii)a retirement pension of any category[F132, a state pension under Part 1 of the Pensions Act 2014] [F133or a shared additional pension] for which a claim is required or a winter fuel payment for which a claim is required under regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations 2000 ;

(b)who has not yet attained the qualifying age and makes a claim for a retirement pension[F134, a state pension under Part 1 of the Pensions Act 2014] [F135or a shared additional pension] in advance in accordance with regulation 15(1); F136...

[F137(c)who makes a claim for income support; or]

[F138(d)who has not attained the qualifying age and who makes a claim for a carer's allowance, disability living allowance[F139, incapacity benefit or an employment and support allowance].]

(6B) A person to whom paragraph (6A) applies may make a claim by sending or delivering it to, or by making it in person at—

(a)an office designated by the Secretary of State for accepting such claims; or

[F140(b)the offices of—

(i)a local authority administering housing benefit F141...,

(ii)a county council in England,

(iii)a person providing services to a person mentioned in head (i) or (ii),

(iv)a person authorised to exercise any function of a local authority relating to housing benefit F142..., or

(v)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this sub-paragraph,]

provided that the claim is made on a form which is approved by the Secretary of State for the purpose.

(6C) Where a person to whom paragraph (6A) applies makes a claim in accordance with paragraph (6B)(b), on receipt of the claim the local authority or other person specified in that sub-paragraph—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by—

(i)the person making, or who has made, the claim; or

(ii)other persons in connection with the claim,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and shall forward the information or evidence to the Secretary of State as soon as reasonably practicable;

[F143(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraphs (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or who has made, the claim.

[F144(6CC) Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.]

(6D) The benefits specified in paragraph (6A) are relevant benefits for the purposes of section 7A of the Social Security Administration Act 1992.]

[F145(7) If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B) where that paragraph applies—

(a)the Secretary of State shall advise the claimant of the defect; and

(b)if a properly completed claim is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is [F146first] advised of the defect, the Secretary of State shall treat the claim as properly made in the first instance.]

[F145(7ZA)  If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being—

(a)the Secretary of State may supply the claimant with the approved form; and

(b)if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is supplied with the approved form, the Secretary of State shall treat the claim as properly made in the first instance.]

[F147(7A) In the case of a claim for income support, 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) relating to the date of claim.]

[F147(7B) In the case of a claim for a jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise—

(a)in the case of a claim made by a joint-claim couple, each member of the couple of the defect and of the relevant provisions of regulation 6(4ZA) relating to the date of the claim;

(b)in any other case, the person making the claim of the defect and of the relevant provisions of regulation 6(4A) relating to the date of claim.]

[F148(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.]

[F149(8A) Where—

(a)the Board determine under paragraph (2A) that a claim for working families' tax credit shall be made by the partner who in their opinion is mainly caring for the children,

(b)a claim for working families' tax credit is made by that partner on the form approved for the time being, and

(c)the claim is not completed in accordance with the instructions on the form by reason only that, in consequence of the other partner not agreeing which of them should make the claim, it has not been signed by the other partner,

the Board may in their discretion treat that claim as completed in accordance with the instructions on the form for the purposes of paragraph (8), notwithstanding that it has not been signed by the other partner in accordance with those instructions.]

[F148(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.]

[F150(10) This regulation shall not apply to a claim for state pension credit[F151, subject to regulation 6(1G),] [F152or an employment and support allowance].]

[F153[F154(11) A claim for the following benefits may be made by telephone call to a telephone number specified by the Secretary of State for the purpose of the benefit for which the claim is made, unless the Secretary of State directs, in any particular case, that the claim must be made in writing—

(a)graduated retirement benefit;

(b)a shared additional pension;

(c)a retirement pension;

(d)a state pension under Part 1 of the Pensions Act 2014;

(e)[F155widowed parent’s allowance;]

[F155(ea)bereavement support payment;]

(f)a social fund payment for funeral expenses or winter fuel payment;

(g)industrial injuries benefit.]

[F156(11A) A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Secretary of State where such a claim falls within a category of case [F157for which the Secretary of State accepts telephone claims, or in any other case where the Secretary of State is willing to do so].

(11B) Paragraph (11A) shall apply unless in any particular case the Secretary of State directs that the claim must be made in writing.]

[F158(12) A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Secretary of State is provided with all the information required to determine the claim and the claim is defective if not so completed.]

[F159(13) Where a claim made by telephone is defective—

(a)in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;

(b)in the case of a claim for income support, paragraph (7A) applies; and

(c)in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,

except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.]

F160(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F102Words in reg. 4(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F110Reg. 4(2)(2A) substituted for reg. 4(2) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 4(a)

F114Words in reg. 4(3A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 4(b)

F115Words in reg. 4(3A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F116Word in reg. 4(3A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 21, Sch. Pt. II

F124Words in reg. 4(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F131Words in reg. 4(6A)(a)(i) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(4)(a)

F132Words in reg. 4(6A)(a)(ii) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(4)(a)

F134Words in reg. 4(6A)(b) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(4)(b)

F149Reg. 4(8A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 4(c)

F155Reg. 4(11)(e)-(ea) substituted for reg. 4(11)(e) (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(4)(b)

[F161Further provisions as to claimsE+W+S

4A.—(1) Where a claimant resides in both—

(a)the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999; and

(b)a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999,

any claim for a benefit to which paragraph (2) applies may be made to any office [F162of a relevant authority] displaying the One logo (whether or not that office is situated within the area of the local authority in which the claimant resides).

(2) The benefits to which this paragraph applies are —

(a)a jobseeker’s allowance;

(b)income support;

(c)incapacity benefit;

(d)[F163carer’s allowance];

(e)severe disablement allowance;

(f)widow’s benefit;

(g)bereavement benefits;

(h)disability living allowance.

(3) A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker’s allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.

(4) In the case of a claim for income support or a jobseeker’s allowance, the provisions of regulation 4(1A) to (1C) shall apply.

(5) In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the “appropriate office” in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).

(6) In these Regulations, a “participating authority” means any local authority or person to whom claims may be made in accordance with paragraph (1).

Textual Amendments

Forwarding claims and informationE+W+S

4B.—(1) A participating authority may —

(a)record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;

(b)give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies [F164or for state pension credit].

(2) A participating authority shall forward to the Secretary of State —

(a)any claim for benefit, other than a claim for housing benefit F165..., together with any information or evidence supplied to the authority in connection with that claim; and

(b)any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit F166... given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.]

Textual Amendments

[F167Electronic claims for benefitE+W+S

4ZC.—(1) Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.

[F168(2) This regulation applies to the following benefits—

(a)carer’s allowance;

(b)attendance allowance;

[F169(ba)bereavement support payment;]

(c)disability living allowance;

(d)graduated retirement benefit;

(e)a jobseeker’s allowance;

(f)a retirement pension;

(g)state pension under Part 1 of the Pensions Act 2014;

(h)shared additional pension;

(i)industrial injuries benefit;

(j)an employment and support allowance.]]

[F170(k)state pension credit.]

Textual Amendments

F169Reg. 4ZC(2)(ba) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(5)

[F171Electronic claims for benefitE+W+S

4C.—(1) Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.

(2) This regulation applies in relation to child benefit.]

Textual Amendments

[F172Making a claim for state pension creditE+W+S

4D.—(1) A claim for state pension credit need only be made in writing if the Secretary of State so directs in any particular case.

(2) A claim is made in writing either—

(a)by completing and returning in accordance with the instructions printed on it a form approved or provided by the Secretary of State for the purpose; or

(b)in such other written form as the Secretary of State accepts as sufficient in the circumstances of the case.

(3) A claim for state pension credit may be made in writing whether or not a direction is issued under paragraph (1) and may also be made F173... in person at, an appropriate office F174....

[F175(3A) A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit.]

[F176(4) A claim made in writing may also be made at the offices of—

(a)a local authority administering housing benefit F177...;

(b)a county council in England;

(c)a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d)a person authorised to exercise any functions of a local authority relating to housing benefit F177 ...; or

(e)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this paragraph.]

[F178(5) Where a claim is made in accordance with paragraph (4), the local authority or other specified person—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;

[F179(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or has made, the claim.]

[F180(5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise.]

(6) A claim for state pension credit made in person F181... is not a valid claim unless a written statement of the claimant’s circumstances, provided for the purpose by the Secretary of State, is approved by the person making the claim.

[F182(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.]

[F182(6B) Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a claim made by telephone is not a valid claim unless the person complies with the direction.]

[F182(6C) A claim made by telephone in accordance with paragraph (6A) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.]

[F182(6D) Where a claim made by telephone in accordance with paragraph (6A) is defective, the Secretary of State is to provide the person making it with an opportunity to correct the defect.]

[F182(6E) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State [F183first] drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.]

(7) A [F184couple] may agree between them as to which partner is to make a claim for state pension credit, but in the absence of an agreement, the Secretary of State shall decide which of them is to make the claim.

(8) Where one member of a [F185couple] (“the former claimant”) is entitled to state pension credit under an award but a claim for state pension credit is made by the other member of the couple, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant’s entitlement shall terminate on the last day of the benefit week specified in paragraph (9).

(9) That benefit week is the benefit week of the former claimant which includes the day immediately preceding the day the partner’s claim is actually made or, if earlier, is treated as made.

(10) If a claim for state pension credit is defective when first received, the Secretary of State is to provide the person making it with an opportunity to correct the defect.

(11) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within 1 month[F186, or such longer period as the Secretary of State considers reasonable,] of the date the Secretary of State [F187first] drew attention to the defect, the claim shall be treated as having been properly made on the date—

(a)the defective claim was first received by the Secretary of State or the person acting on his behalf; or

(b)if regulation 4F(3) applies, the person informed an appropriate office [F188or other office specified in regulation 4F(3)] of his intention to claim state pension credit.

(12) [F189Paragraphs (6E) and (11) do] not apply in a case to which regulation 4E(3) applies.

(13) State pension credit is a relevant benefit for the purposes of section 7A of the Social Security Administration Act 1992.

Textual Amendments

Making a claim before attaining the qualifying ageE+W+S

4E.—(1) A claim for state pension credit may be made, and any claim made may be determined, at any time within the advance period.

(2) The advance period begins on the date which falls 4 months before the day on which the claimant attains the qualifying age and ends on the day before he attains that age.

(3) A person who makes a claim within the advance period which is defective may correct the defect at any time before the end of the advance period.

Textual Amendments

Making a claim after attaining the qualifying age: date of claimE+W+S

4F.—(1) This regulation applies in the case of a person who claims state pension credit on or after attaining the qualifying age.

(2) The date on which a claim is made shall, subject to paragraph (3), be—

(a)where the claim is made in writing and is not defective, the date on which the claim is first received—

(i)by the Secretary of State or the person acting on his behalf; or

(ii)in a case to which regulation 4D(4) relates, in the office of a person specified therein;

(b)where the claim is not made in writing but is otherwise made in accordance with regulation 4D(3) [F190or (6A)] and is not defective, the date the claimant provides details of his circumstances by telephone to, or in person at, the appropriate office or other office designated by the Secretary of State to accept claims for state pension credit; or

(c)where a claim is initially defective but the defect is corrected under regulation [F1904D(6E) or (11)], the date the claim is treated as having been made under that regulation.

(3) If a [F191person wishing to make a claim]—

(a)informs [F192(by whatever means)] an appropriate office [F193, or other office designated by the Secretary of State for accepting claims for state pension credit or the office of a person specified in regulation 4D(4),] of his intention to claim state pension credit; and

(b)subsequently makes the claim in accordance with regulation 4D within 1 month of complying with sub-paragraph (a), or within such longer period as the Secretary of State may allow,

the claim may, where in the circumstances of the particular case it is appropriate to do so, be treated as made on the day the claimant first informed [F194an office specified in sub-paragraph (a)] of his intention to claim the credit.]

Textual Amendments

[F195Making a claim for employment and support allowance by telephoneE+W+S

4G.—(1) A claim (“a telephone claim”) for an employment and support allowance may be made by telephone call to the telephone number specified by the Secretary of State.

(2) Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a telephone claim is not a valid claim unless the person complies with the direction.

(3) A telephone claim is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.

(4) Where a telephone claim is defective, the Secretary of State is to advise the person making it of the defect and of the relevant provisions of regulation 6(1F) relating to the date of claim.

(5) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State [F196first] drew attention to the defect, the Secretary of State must treat the claim as if it had been properly made in the first instance.

Textual Amendments

Making a claim for employment and support allowance in writingE+W+S

4H.—(1) A claim (“a written claim”) for employment and support allowance need only be made in writing if the Secretary of State so directs in any particular case but a written claim may be made whether or not a direction is issued.

(2) A written claim must be made on a form approved for the purpose by the Secretary of State and be made in accordance with the instructions on the form.

(3) A claim in writing may also be made at the offices of—

(a)a local authority administering housing benefit F197...;

(b)a person providing to such an authority services relating to housing benefit F198...; or

(c)a person authorised to exercise the function of a local authority relating to housing benefit F199...,

if the Secretary of State has arranged with the local authority or person specified in sub-paragraph (b) or (c) for them to receive claims in accordance with this paragraph.

(4) Where a written claim is made in accordance with paragraph (3), on receipt of that claim the local authority or other person specified in that paragraph—

(a)must forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by—

(i)the person making, or who has made, the claim; or

(ii)other persons in connection with the claim,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and must forward the information or evidence to the Secretary of State as soon as reasonably practicable;

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or who has made, the claim.

(5) Paragraphs (4)(b) to (e) apply in respect of information, evidence and advice relating to any claim whether the claim is made in accordance with paragraph (3) or otherwise.

(6) If a written claim is defective when first received, the Secretary of State is to advise the person making it of the defect and of the provisions of regulation 6(1F) relating to the date of claim.

(7) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State [F200first] drew attention to the defect, the claim must be treated as having been properly made in the first instance.

Textual Amendments

Claims for employment and support allowance: supplementalE+W+S

4I.—(1) Where a person who is a member of a couple may be entitled to an income-related employment and support allowance the claim for an employment and support allowance must be made by whichever member of the couple they agree should claim or, in default of agreement, by such one of them as the Secretary of State may choose.

(2) Where one member of a couple (“the former claimant”) is entitled to an income-related employment and support allowance under an award but a claim for an employment and support allowance is made by the other member of the couple and the Secretary of State considers that the other member is entitled to an income-related employment and support allowance, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant's entitlement terminates on the day the partner's claim is actually made or, if earlier, is treated as made.

(3) In calculating any period of one month for the purposes of regulations 4G and 4H, any period commencing on a day on which a person is first notified of a decision in connection with his failure to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part is to be disregarded.

(4) Employment and support allowance is a relevant benefit for the purposes of section 7A of the 1992 Act.]

Textual Amendments

Amendment and withdrawal of claimE+W+S

5.—[F201(1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Secretary of State or in such other manner as the Secretary of State may decide or accept.]

[F201(1A) Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance.]

(2) A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to an appropriate office, and any such notice of withdrawal shall have effect when it is received.

Textual Amendments

Date of claimE+W+S

6.—(1) [F202Subject to the following provisions of this regulation,] [F203or regulation 6A (claims by persons subject to work-focused interviews)] the date on which a claim is made shall be–

(a)in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office;

[F204(aa)in the case of a claim for—

  • F205[F206... ];

  • F205[F207... ];

  • jobseeker’s allowance if first notification is received before 6th October 1997; or

  • income support if first notification is received before 6th October 1997;

which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5), whichever is the later of—

(i)the date on which that notification is received; and

(ii)the first date on which that claim could have been made in accordance with these Regulations;]

(b)in the case of a claim which does not meet the requirements of regulation 4(1) but which is treated, under regulation 4(7) as having been [F208properly] made, the date on which the claim was received in an appropriate office in the first instance.

[F209(c)in the case of a claim made by telephone in accordance with [F210regulation 4(11) or (11A)], the date [F211the claim is properly completed];

(d)in the case of a claim made by telephone which is defective but which is treated, under [F2124(13)(a) as having been properly] made, the date of that telephone call.]

[F213(1ZA) In the case of a claim made in accordance with regulation 4(6B)—

(a)paragraph (1) shall apply in relation to a claim received at an office specified in that regulation as it applies in relation to a claim received at an appropriate office; and

(b)paragraph (1A) shall apply in relation to an office specified in that regulation as it applies in relation to an appropriate office.]

[F214(1A) In the case of a claim for income support—

(a)subject to the following sub-paragraphs, the date on which a claim is made shall be the date on which a properly completed claim is received in an appropriate office [F215or a claim made by telephone is properly completed] or the first day in respect of which the claim is made if later;

(b)where a properly completed claim is received in an appropriate office [F215or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date on which that notification is [F216made or is] deemed to be made or the first day in respect of which the claim is made if later;

(c)a notification of intention to make a claim will be deemed to be made on the date when an appropriate office receives—

(i)a notification in accordance with regulation 4(5); or

(ii)a defective claim.]

[F217(1B) Subject to paragraph (1C), in the case of a claim for working families' tax credit or disabled person’s tax credit which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5)—

(a)where the claimant is entitled to that credit on the date on which that notification is received (“the notification date”) and the first day of the period in respect of which that claim is made is on or before the notification date, the date on which a claim is made shall be the notification date; or

(b)where the claimant is not entitled to that credit on the notification date but becomes so entitled before the date on which the claim is received, the date on which a claim is made shall be—

(i)the date on which the claimant becomes so entitled, or

(ii)if later, the first day of the period in respect of which the claim is made provided that it is not later than the date on which the claim is received.

(1C) Paragraph (1B) shall not apply in the case of a claim which is received in an appropriate office—

(a)in the case of working families' tax credit, within the period specified opposite that credit at paragraphs (a) or (aa) in column (2) of Schedule 4; or

(b)in the case of disabled person’s tax credit, within the period specified opposite that credit in paragraphs (a) or (b) in column (2) of Schedule 4.]

[F218unless the previous award of working families' tax credit or disabled person’s tax credit was terminated by virtue of regulation 49ZA of the Family Credit (General) Regulations 1987 or regulation 54A of the Disability Working Allowance (General) Regulations 1991.]

[F219(1D) Subject to paragraph (1E) and without prejudice to the generality of paragraph (1), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.

(1E) For the purposes of paragraph (1D), a person F220... may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B).]

[F221[F222(1F) In the case of a claim for an employment and support allowance, the date on which the claim is made or treated as made shall be the first date on which—

(a)a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3);

(b)a defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 4G(5) in the case of a telephone claim, or 4H(7) in the case of a written claim; or

(c)the Secretary of State is notified of an intention to claim and within one month or such longer period as the Secretary of State considers reasonable of first notification, a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3),

or the first day in respect of which the claim is made, if later.]]

[F223(1G) In paragraph (1F) “properly completed” has the meaning assigned by regulation 4(8) in the case of a written claim and 4(12) in the case of a telephone claim.]

F224(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F225(3) In the case of a claim for income support, [F226working families' tax credit] [F227, [F228disabled persons' tax credit]] [F229or jobseeker’s allowance] F230..., where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.

(4) Paragraph (3) shall not apply when the time for claiming income support[F231, [F226working families' tax credit]][F232, [F228disabled persons' tax credit] or jobseeker’s allowance] has been extended under regulation 19 and the failure to claim within the prescribed time for the purposes of that regulation is for the reason only that the claim has been sent by post.]

[F233(4ZA) Where a member of a joint-claim couple notifies the employment officer (by whatever means) that he wishes to claim a jobseeker’s allowance jointly with the other member of that couple, the claim shall be treated as made on the relevant date specified in accordance with paragraphs (4ZB) to (4ZD).

(4ZB) Where each member of a joint-claim couple is required to attend under regulation 4(6)(a)—

(a)if each member subsequently attends for the purpose of jointly claiming a jobseeker’s allowance at the time and place specified by the employment officer and complies with the requirements of paragraph (4AA)(a), the claim shall be treated as made on whichever is the later of the first notification of intention to make that claim and the first day in respect of which the claim is made;

(b)if, without good cause, either member fails to attend for the purpose of jointly claiming a jobseeker’s allowance at either the time or place so specified or does not comply with the requirements of paragraph (4AA)(a), the claim shall be treated as made on the first day on which a member of the couple attends at the specified place and complies with the requirements of paragraph (4AA)(a).

(4ZC) Where only one member of the couple is required to attend under regulation 4(6)(a)—

(a)subject to the following sub-paragraphs, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office [F234or a claim made by telephone is properly completed] or the first day in respect of which the claim is made, if later, provided the member of the couple who is required to attend under regulation 4(6)(a) does so attend;

(b)where a properly completed form is received in an appropriate office [F234or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification;

(c)if, without good cause, the member of the couple who is required to attend under regulation 4(6)(a) fails to attend for the purpose of making a claim at either the time or place so specified or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which that member does attend at that place and does provide a properly completed claim.

(4ZD) Where, as at the day on which a member of a joint-claim couple (“the first member”) notifies the employment officer in accordance with paragraph (4ZA), the other member of that couple is temporarily absent from Great Britain in the circumstances specified in regulation 50(6B) of the Jobseeker’s Allowance Regulations, the date on which the claim is made shall be the relevant date specified in paragraph (4ZB) or (4ZC) but nothing in this paragraph shall treat the claim as having been made on a day which is more than three months after the day on which the first member notified the employment officer in accordance with paragraph (4ZA).]

[F235[F236(4A) Where a person [F237who is not a member of a joint-claim couple] notifies the [F238employment officer] (by whatever means) that he wishes to claim a jobseeker’s allowance—

(a)if he is required to attend under regulation 4(6)(a)—

(i)if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the [F238employment officer] and complies with the requirements of paragraph (4AA)[F239(b)], the claim shall be treated as made on whichever is the later of first notification of intention to make that claim and the first day in respect of which the claim is made;

(ii)if, without good cause, he fails to attend for the purpose of making a claim for that benefit at either the time or place so specified, or does not comply with the requirements of paragraph (4AA)[F239(b)], the claim shall be treated as made on the first day on which he does attend at that place and does provide a properly completed claim;

(b)if under regulation 4(6)(a) the [F238employment officer] directs that he is not required to attend—

(i)subject to the following sub-paragraph, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office [F240or a claim made by telephone is properly completed] or the first day in respect of which the claim is made if later;

(ii)where a properly completed claim is received in an appropriate office [F240or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification.

(4AA) [F241Unless the Secretary of State otherwise directs, a properly completed claim form shall be provided [F242or made]—

(a)in a case to which paragraph (4ZA) applies, at or before the time when a member of the joint-claim couple is first required to attend for the purpose of making a claim for a jobseeker’s allowance;

(b)in any other case, at or before the time when the person making the claim for a jobseeker’s allowance is required to attend for the purpose of making a claim.]

(4AB) The Secretary of State may direct that the time for providing [F243or making] a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.]

(4B) Where a person’s entitlement to a jobseeker’s allowance has ceased in any of the circumstances specified in regulation 25(1)(a), (b) or (c) of the Jobseeker’s Allowance Regulations (entitlement ceasing on a failure to comply) and—

(a)where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker’s allowance; or

(b)where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker’s allowance,

that further claim shall be treated as having been made on the day following that cessation of entitlement.

(4C) Where a person’s entitlement to a jobseeker’s allowance ceases in the circumstances specified in regulation 25(1)(b) of the Jobseeker’s Allowance Regulations (failure to attend at time specified) and that person makes a further claim for that allowance on the day on which he failed to attend at the time specified, that claim shall be treated as having been made on the following day.]

F244[F245(4D)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F246(5) Where a person submits a claim for attendance allowance [F247or disability living allowance or a request under paragraph (8)] by post and the arrival of that [F248claim or request] at an appropriate office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the [F248claim or request] shall be treated as received on the day on which it would have been received if it had been delivered in the ordinary course of post.]

[F249(6) Where—

(a)on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 1987 been £6,000; and

(b)a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;

the claim shall be treated as made on the date [F250not later than 5th December 1990] determined in accordance with paragraph (7).

(7) For the purpose of paragraph (6), where—

(a)the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;

(b)the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.]

[F251(8) [F252Subject to [F253paragraphs (8A) and (8B)]] 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.

[F254(8A) Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.]

[F255(8B) In the case of a claim for disability living allowance or attendance allowance made in accordance with regulation 4(6B), paragraphs (8) and (8A) shall apply in relation to an office specified in that regulation as they apply in relation to an appropriate office.]

(9) [F256In paragraphs (8) and (8A)]–

“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.]

[F257(10) Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for [F258disabled persons' tax credit] in that week the claim shall be treated as made on the Tuesday of that week.

F259(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F260(12) F261... where a person has claimed [F262disabled persons' tax credit] and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (13), that further claim shall be treated as made—

(a)on the date of the original claim; or

(b)on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

(13) The circumstances referred to in paragraph (12) are that—

(a)the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;

(b)at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;

(c)after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and

(d)the further claim for [F262disabled persons' tax credit] was made within three months of the date that the claim for the qualifying benefit was determined.

F263(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In paragraphs (12) and (13) “qualifying benefit” means any of the benefits referred to in section 129(2) of the Contributions and Benefits Act.

[F264(15A) Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19 (time for claiming benefit.]

[F265(16) Where a person has claimed a relevant benefit and that claim (“the original claim") has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made—

(a)on the date of the original claim; or

(b)on the first date in respect of which the qualifying benefit was [F266awarded],

whichever is the later.]

[F265(17) The circumstances referred to in paragraph (16) are that the ground for refusal was—

(a)in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;

F267(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any case, that the claimant [F268, a member of his family or the disabled person] had not been awarded a qualifying benefit.]

[F265(18) The additional circumstances referred to in paragraph (16) are that—

(a)[F269a 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)[F269after 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]

(c)the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.]

[F265(19) Where a person has been awarded a relevant benefit and that award ("[F270original award”) has been terminated or reduced or payment under that award ceases in the circumstances] specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made—

(a)on the date of termination of the original award; or

(b)on the first date in respect of which the qualifying benefit [F271is [F272awarded or] [F273re-awarded or becomes payable again]] ,

whichever is the later.]

[F265(20)] [F274The 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; F275...

(b)at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided; [F276or]]

[F277(c)that the qualifying benefit has ceased to be payable in accordance with—

(i)regulation 6(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, or

(ii)regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 or regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is resident in certain accommodation other than a hospital.]

[F265(21) [F278Subject to paragraph (21A), the additional] circumstances referred to in paragraph (19) are that—

(a)after the original award has been terminated the claim for the qualifying benefit is decided in [F279favour of the claimant, a member of his family or the disabled person]; [F278or]

(b)[F280the qualifying benefit is re-awarded following revision, supersession or appeal; or]

[F280(c)the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or]

[F280(d)the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and]

[F280the further claim [F281for a relevant benefit] referred to in paragraph (19), is made within three months of the date [F282of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied].]]

[F283(21A) Paragraph (21) applies whether the benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.]

[F265(22) In paragraphs (16) to (21) [F284[F285, (30) and (33)]]—

“relevant benefit" means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;

(b)income support;

(c)a jobseeker’s allowance;

(d)a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(e)child benefit;

[F286(f)state pension credit]

“qualifying benefit" means—

(a)in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;

(b)in relation to invalid care allowance [F287or carer’s allowance, as the case may be,] any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;

(c)in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in [F288regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005];

(d)any other relevant benefit which[F289, when it is awarded or re-awarded,] has the effect of making another relevant benefit payable or payable at an increased rate;

“the disabled person" means the person for whom the invalid care allowance [F290or carer’s allowance, as the case may be,] claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.

[F291“family” has the same meaning as in section 137(1) of the Contributions and Benefits Act or, as the case may be, section 35(1) of the Jobseekers Act[F292, and in the case of state pension credit “member of his family” means the other member of a couple where the claimant is a member of a F293... couple].]]

[F265(23) Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made—

(a)on the date on which entitlement to incapacity benefit ceased; or

(b)on the first date in respect of which the qualifying benefit was payable,

whichever is the later.]

[F265(24) The circumstances referred to in paragraph (23) are that—

(a)entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;

(b)at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;

(c)after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and

(d)the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.]

[F265(25) In paragraphs (23) and (24) “qualifying benefit" means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995.]

[F265(26) In paragraphs [F294(18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b)] where the word appears for the second time, “decided" includes the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, [F295the First-tier Tribunal, the Upper Tribunal] or the court.]

(27) Where a claim is made for [F296working families' tax credit] or [F297disabled persons' tax credit] , and—

(a)the claimant had previously made a claim for income support or jobseeker’s allowance (“the original claim”);

(b)the original claim was refused on the ground that the claimant or his partner was in remunerative work; and

(c)the claim for [F296working families' tax credit] or [F297disabled persons' tax credit] was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.

(28) Where a claim is made for income support or jobseeker’s allowance, and—

(a)the claimant had previously made a claim for [F298working tax credit] (“the original claim”);

(b)the original claim was refused on the ground that the claimant or his partner was not in remunerative work [F299for the purposes of that tax credit]; and

(c)the claim for income support or jobseeker’s allowance was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.]

[F300(29) In the case of a claim for an increase of severe disablement allowance or of invalid care allowance [F301or carer’s allowance, as the case may be,] in respect of a child or adult dependant, [F302paragraphs (16) and (19)] shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance [F301or carer’s allowance, as the case may be,].]

[F303(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 F304... 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.]

[F305(31) Subject to paragraph (32), where—

(a)a person—

(i)has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or

(ii)has attained pensionable age and has a spouse [F306or civil partner] who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;

(b)in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001, (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse [F307or civil partner];

(c)in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d)the person claims a Category A or, as the case may be, a Category B retirement pension,

the claim shall be treated as made on—

(i)1st October 1998; or

(ii)the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse [F308or civil partner] attained pensionable age,

whichever is later.

(32) Paragraph (31) shall not apply where—

(a)the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or

(b)the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),

nor where sub-paragraph (a) and (b) both apply.]

[F309(33) [F310Subject to paragraph (34), where] a person makes a claim for a carer’s allowance [F311or for an increase in carer’s allowance in respect of an adult or child dependant] within 3 months of a decision made—

(a)on a claim;

(b)on revision or supersession; or

(c)on appeal whether by [F312the First-tier Tribunal, the Upper Tribunal] or the court,

awarding a qualifying benefit to the disabled person, the date of claim [F313shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable].]

[F314[F315(34)] Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of qualifying benefit became payable.]

[F316(35) A claim for attendance allowance or the care component of disability living allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

(a)on or after 8th March 2001, the claimant had an award of that benefit;

(b)the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Great Britain to an EEA state or Switzerland;

(c)that superseding decision was confirmed on appeal; and

(d)the claimant has not received an extra-statutory payment in respect of the benefit being claimed.

(36) A claim for carer’s allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

(a)on or after 8th March 2001, the claimant had an award of that benefit;

(b)the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of—

(i)the claimant’s moving from Great Britain to an EEA state or Switzerland; or

(ii)the claimant no longer caring for a severely disabled person, as defined in section 70(2) of the Contributions and Benefits Act, because that person’s award of attendance allowance or the care component of disability living allowance had ended, or would end, by virtue of a superseding decision made on the ground of that person’s moving from Great Britain to an EEA state or Switzerland; and

(c)the claimant has not received an extra-statutory payment in respect of that allowance.

(37) In paragraphs (35)(d) and (36)(c), “extra-statutory payment” means a payment made by the Secretary of State, in respect of attendance allowance, the care component of disability living allowance or carer’s allowance which, but for the superseding decision referred to in paragraph (35)(b) or, as the case may be, (36)(b), would have been payable from 18th October 2007.]

Textual Amendments

F206Words in reg. 6(1)(aa) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F207Words in reg. 6(1)(aa) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F226Words in reg. 6(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F228Words in reg. 6(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F258Words in reg. 6(10) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F259Reg. 6(11) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 5(a)

F261Words in reg. 6(12) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 5(b)

F262Words in reg. 6(12)(13) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F263Reg. 6(14) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 5(a)

F296Words in reg. 6(27)(28) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F297Words in reg. 6(27)(28) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

[F317Claims by persons subject to work-focused interviewsE+W+S

6A.—[F318(1) This regulation applies to any person who is required to take part in a work-focused interview in accordance with regulations made under section 2A(1)(a) of the Social Security Administration Act 1992.]

(2) Subject to the following provisions of this regulation, where a person takes part in a work-focused interview, the date on which the claim is made shall be–

(a)in a case where–

(i)the claim made by the claimant meets the requirements of regulation 4(1), or

(ii)the claim made by the claimant is for income support and meets the requirements of regulation 4(1A),

the date on which the claim is received in the appropriate office;

(b)in a case where a claim does not meet the requirements of regulation 4(1) but is treated, under regulation 4(7), as having been duly made, the date on which the claim was treated as received in the appropriate office in the first instance;

(c)in a case where–

(i)first notification of intention to claim income support is made to an appropriate office, or

(ii)a claim for income support is received in an appropriate office which does not meet the requirements of regulation 4(1A),

the date of notification or, as the case may be, the date the claim is first received where the properly completed claim form is received within 1 month of notification or the date the claim is first received, or the day on which a properly completed claim form is received where these requirements are not met.

[F319(d)without prejudice to sub-paragraphs (a) and (b), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.]

(3) In a case where a decision is made that a person is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview but subsequently claims such a benefit, in applying paragraph (2) to that claim no regard shall be had to any claim regarded as not having been made in consequence of that decision.

(4) Paragraph (2) shall not apply in any case where a decision has been made that the claimant has failed to take part in a work-focused interview.

[F320(5) In regulation 4 and this regulation, “work-focused interview” means an interview which [F321is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Social Security Administration Act 1992].]]

Textual Amendments

Evidence and informationE+W+S

7.—(1) [F322Subject to paragraph (7),] every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the [F323Board] [F324or, in a case where regulation 4A applies, the relevant authority] and shall do so within one month of being required to do so or such longer period as the [F323Board] may consider reasonable.

[F325(1A) A claimant shall furnish such information and evidence as the Secretary of State may require as to the likelihood of future changes in his circumstances which is needed to determine—

(a)whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and

(b)if so, the length of the period to be so specified.

(1B) The information and evidence required under paragraph (1A) shall be furnished within 1 month of the Secretary of State notifying the claimant of the requirement, or within such longer period as the Secretary of State considers reasonable in the claimant’s case.

(1C) In the case of a claimant making a claim for state pension credit in the advance period, time begins to run for the purposes of paragraphs (1) and (1B) on the day following the end of that period.]

(2) [F326Subject to paragraph (7),] where a benefit may be claimed by either of two partners or where entitlement to or the amount of any benefit is or may be affected by the circumstances of a partner, the [F323Board] may require the partner other than the [F327claimant to do either or both of the following, within one month of being required to do so or such longer period as the Board may consider reasonable—

(a)to certify in writing whether he agrees to the claimant making the claim or, as the case may be, that he confirms the information given about his circumstances;

(b)to furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as the Board may require.]

(3) In the case of a claim for [F328working families' tax credit] [F329or [F330disabled persons' tax credit]], the employer of the claimant or, as the case may be, of the partner shall[F331, within one month of being required to do so or such longer period as the Board may consider reasonable,] furnish such certificates, documents, information and evidence in connection with the claim or any question arising out of it as may be required by the [F323Board].

[F332(4) In the case of a person who is claiming [F330disabled persons' tax credit], [F328working families' tax credit][F333, income support [F334jobseeker’s allowance[F335, state pension credit or employment and support allowance]]], where that person or any partner [F336has attained the qualifying age] and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the [F337Board so require, within one month of being required to do so or such longer period as the Board may consider reasonable,] furnish the following information—

(a)the name and address of pension fund holder;

(b)such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(5) Where the pension fund holder receives from the [F338Board] a request for details concerning the personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall[F339, within one month of the request or such longer period as the Board may consider reasonable,] provide the [F338Board] with any information to which paragraph (6) refers.

(6) The information to which this paragraph refers is—

(a)where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b)in the case of—

(i)a personal pension scheme where income withdrawal is available, the [F340rate of the annuity which may have been purchased with the funds held under the scheme]; or

(ii)a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the [F341rate of the annuity which might have been purchased with the fund] if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.]

[F342(7) Paragraphs (1) and (2) do not apply in the case of jobseeker’s allowance.]

[F343(8) Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges, including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence in connection with the claim made by the claimant, or any question arising out of it, as may be required by the Board, and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

(9) In paragraph (8) “relevant childcare charges” has the meaning given by regulation 46A(2) of the Family Credit (General) Regulations 1987.]

Textual Amendments

F323Word in reg. 7(1)(2)(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 21, Sch. Pt. II

F327Words in reg. 7(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(2)

F328Words in reg. 7(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F330Words in reg. 7(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F331Words in reg. 7(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(3)

F337Words in reg. 7(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(4)

F338Word in reg. 7(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 21, Sch. Pt. II

F339Words in reg. 7(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(5)

F343Reg. 7(8)(9) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(6)

Attendance in personE+W+S

8.—F344(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Every person who makes a claim for benefit [F345(other than a jobseeker’s allowance)] shall attend at such office or place and on such days and at such times as the Secretary of State [F346or the Board] may direct, for the purpose of furnishing certificates, documents, information and evidence under regulation 7, if reasonably so required by the Secretary of State.

Textual Amendments

F346Words in reg. 8(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

Interchange with claims for other benefitsE+W+S

9.—(1) Where it appears that a person who has made a claim for benefit specified in column (1) of Part I of Schedule 1 may be entitled to the benefit specified opposite to it in column (2) of that Part, any such claim may be treated by the Secretary of State [F347or the Board] as a claim alternatively, or in addition, to the benefit specified opposite to it in that column.

(2) Where it appears that a person who has claimed any benefit specified in Part II of Schedule 1 in respect of a child may be entitled to child benefit in respect of the same child, the Secretary of State may treat the claim alternatively, or in addition, for the benefit in question as a claim by that person for child benefit.

(3) Where it appears that a person who has claimed child benefit in respect of a child may be entitled to any benefit specified in Part II of Schedule 1 F348... in respect of the same child, the Secretary of State may treat the claim for child benefit as a claim alternatively, or in addition, by that person for the benefit in question specified in that Part.

(4) Where it appears that a person who has made a claim for benefit other than child benefit is not entitled to it, but that some other person may be entitled to an increase of benefit in respect of him, the Secretary of State may treat the claim as if it were a claim by such other person for an increase of benefit in respect of the claimant.

(5) Where it appears that a person who has made a claim for an increase of benefit other than child benefit in respect of a child or adult dependant is not entitled to it but that some other person may be entitled to such an increase of benefit in respect of that child or adult dependant, the Secretary of State may treat the claim as if it were a claim by that other person for such an increase.

(6) Where it appears that a person who has made a claim for a guardian's allowance in respect of any child is not entitled to it, but that the claimant, or the wife or husband of the claimant, may be entitled to an increase of benefit for that child, the Secretary of State may treat the claim as if it were a claim by the claimant or the wife or husband of the claimant for an increase of benefit for that child.

[F349(7) In determining whether he [F350or they] should treat a claim alternatively or in addition to another claim (the original claim) under this regulation the Secretary of State [F351or the Board] shall treat the alternative or additional claim, whenever made, as having been made at the same time as the original claim.]

Textual Amendments

F347Words in reg. 9(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F350Words in reg. 9(7) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 22, Sch. Pt. III

F351Words in reg. 9(7) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

[F352Claim for incapacity benefit[F353, severe disablement allowance or employment and support allowance] where no entitlement to statutory sick pay or statutory maternity pay]E+W+S

10.—(1) [F354Paragraph (2) applies to a claim for incapacity benefit] for a period of incapacity for work of which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 M3, and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.

[F355(1A) Paragraph (2) also applies to a claim for an employment and support allowance for a period of limited capability for work in relation to which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 , and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.]

(2) A claim to which this paragraph applies shall be treated as made on the date accepted by the claimant's employer as the first day of incapacity, provided that he makes the claim–

(a)within the appropriate time specified in paragraph 2 of Schedule 4 beginning with the day on which he is informed in writing that he was not entitled to statutory sick pay; or

F356(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph (4) applies to a claim for maternity allowance for a pregnancy or confinement by reason of which the claimant gave her employer notice of absence from work under section 46(4) of the Social Security Act 1986 and regulation 23 of the Statutory Maternity Pay (General) Regulations 1986 M4 and in respect of which she has been informed in writing by her employer that there is no entitlement to statutory maternity pay.

(4) A claim to which this paragraph applies shall be treated as made on the date when the claimant gave her employer notice of absence from work or at the beginning of the 14th week before the expected week of confinement, whichever is later, provided that she makes the claim–

(a)within [F357three months] of being informed in writing that she was not entitled to statutory maternity pay; or

F358(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M3S.I. 1982/894; the relevant amending instruments are S.I. 1984/385 and 1987/372.

Special provisions where it is certified that a woman is expected to be confined or where she has been confinedE+W+S

11.—(1) Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1976 M5 it has been certified that it is to be expected that a woman will be confined, and she makes a claim for maternity allowance in expectation of that confinement any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for [F359incapacity benefit][F360, severe disablement allowance or an employment and support allowance,] made in respect of any days in the period beginning with either–

(a)the beginning of the 6th week before the expected week of confinement; or

(b)the actual date of confinement,

whichever is the earlier, and ending in either case on the 14th day after the actual date of confinement.

(2) Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within [F361three months] of that date, her claim may be treated in the alternative or in addition as a claim for [F362incapacity benefit][F363, severe disablement allowance or an employment and support allowance,] for the period beginning with the date of her confinement and ending 14 days after that date.

Textual Amendments

Marginal Citations

M5S.I. 1976/615; the relevant amending instruments are S.I.s 1982/699, 1984/1303 and 1987/409.

Self-certified claims for first 7 days of a spell of incapacity for workE+W+S

12.—(1) Where a self-certificate in respect of a claimant is submitted in support of a claim for sickness or invalidity benefit or severe disablement allowance, that claim shall be treated as if made for days, whether or not after the date of the claim, to which the self-certificate relates, not being days later than the first 7 days of a spell of incapacity that exceeds that length.

(2) Where a claim to which paragraph (1) applies includes one or more days subsequent to the date of claim, an award of benefit made in respect of them shall be subject to the condition that the claimant satisfies the requirements for entitlement throughout those days and if those requirements are found not to have been satisfied on any of those days the award shall be reviewed.

(3) For the purposes of this regulation–

“self-certificate” has the meaning ascribed to it by regulation 5 of the Social Security (Medical Evidence) Regulations 1976 (claimant's declaration of incapacity as evidence for determining his right to benefit);

a “spell of incapacity” means a continuous period of incapacity for work (not excluding bank or other holidays) which is immediately preceded by a day on which the claimant either worked or was not incapable of work.

Advance claims and awardsE+W+S

13.—(1) Where, although a person does not satisfy the requirements for entitlement to benefit on the date on which a claim is made, the [F364Secretary of State] is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then [F364the Secretary of State] may–

(a)treat the claim as if made for a period beginning with the relevant day; and

(b)award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement when benefit becomes payable under the award.

(2) [F365A decision pursuant to paragraph (1)(b) to award benefit may be revised under section 9 of the Social Security Act 1998] if the requirements for entitlement are found not to have been satisfied on the relevant day.

(3) F366[F367... Paragraphs (1) and (2) do not] apply to any claim for maternity allowance, attendance allowance, mobility allowance, retirement pension or increase, [F368state pension under Part 1 of the Pensions Act 2014,] [F369a shared additional pension,] F370..., F371... [F372state pension credit] or any claim within regulation 11(1)(a) or (b).

F373[F374(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F373(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F373[F375(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F373[F376(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F373(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F377(9) Paragraphs (1) and (2) do not apply to—

(a)a claim for income support made by a person from abroad as defined in regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental-persons from abroad); F378...

(b)a claim for a jobseeker’s allowance made by a person from abroad as defined in regulation 85A of the Jobseeker’s Allowance Regulations (special cases: supplemental-persons from abroad)]; [F379and]

[F379(c)a claim for an employment and support allowance made by a person from abroad as defined in regulation 70 of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad).]

Textual Amendments

F364Words in reg. 13(1) substituted (6.9.1999 for specified purposes, 29.11.199 for all other purposes) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 2, Sch. 7 para. 2(a); (S.I. 1999/3178), Sch. 6 para. 4(a)(with reg. 3(1)(b) Sch. 21-23)

F365Words in reg. 13(2) substituted (6.9.1999 for specified purposes, 29.11.199 for all other purposes) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), art. 2, Sch. 7 para. 2(b); (S.I. 1999/3178), Sch. 6 para. 4(b)(with reg. 3(1)(b) Sch. 21-23)

F376Reg. 13(7)(8) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 7(b)

[F380Advance award of disability living allowanceE+W+S

13A.—(1) Where, although a person does not satisfy the requirements for entitlement to disability living allowance on the date on which the claim is made, the [F381Secretary of State] is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then [F382the Secretary of State] may award disability living allowance from the relevant day subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

(2) Where a person makes a claim for disability living allowance on or after 3rd February 1992 and before 6th April 1992 the [F382Secretary of State] may award benefit for a period beginning on any day after 5th April 1992 being a day not more than three months after the date on which the claim was made, subject to the condition that the person satisfies the requirements for entitlement when disability living allowance becomes payable under the award.

(3) [F383A decision pursuant to paragraph (1) or (2) to award benefit may be revised under section 9 of the Social Security Act 1998] if the requirements for entitlement are found not to have been satisfied when disability living allowance becomes payable under the award.]

Textual Amendments

[F384Advance claim for and award of disability working allowanceE+W+S

13B.—(1) Where a person makes a claim for disability working allowance on or after 10th March 1992 and before 7th April 1992 the [F385Secretary of State] may–

(a)treat the claim as if it were made for a period beginning on 7th April 1992; and

(b)award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on 7th April 1992.

(2) An award under paragraph (1)(b) shall be reviewed by the [F385Secretary of State] if the requirements for entitlement are found not to have been satisfied on7th April 1992.]

Textual Amendments

[F386[F387Further claim for and award of disability living allowance or attendance allowance]E+W+S

13C.—[F387(1) A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires.]

(2) Where a person makes a claim in accordance with paragraph (1) the [F388Secretary of State] may–

(a)treat the claim as if made on the first day after the expiry of the existing award (“the renewal date”); and

(b)award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the renewal date.

(3) [F389A decision pursuant to paragraph (2)(b) to award benefit may be [F388revised] under section 9 of the Social Security Act 1998] if the requirements for entitlement are found not to have been satisfied on the renewal date.]

Textual Amendments

[F390Advance claims for and awards of state pension creditE+W+S

13D.—(1) Paragraph (2) applies if—

(a)a person does not satisfy the requirements for entitlement to state pension credit on the date on which the claim is made; and

(b)the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements—

(i)where the claim is made in the advance period, when he attains the qualifying age; or

(ii)in any other case, within 4 months of the date on which the claim is made.

(2) Where this paragraph applies, the Secretary of State may—

(a)treat the claim as made for a period beginning on the day (“the relevant day”) the claimant—

(i)attains the qualifying age, where the claim is made in the advance period; or

(ii)is likely to satisfy the requirements for entitlement in any other case; and

(b)if appropriate, award state pension credit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

(3) An award under paragraph (2) may be revised under section 9 of the Social Security Act 1998 if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.]

[F391(4) This regulation does not apply to a claim made by a person not in Great Britain as defined in regulation 2 of the State Pension Credit Regulations (persons not in Great Britain).]

Textual Amendments

Advance claim for and award of maternity allowanceE+W+S

14.—(1) Subject to the following provisions of this regulation, a claim for maternity allowance in expectation of confinement, or for an increase in such an allowance in respect of an adult dependant, and an award on such a claim, may be made not earlier than 14 weeks before the beginning of the expected week of confinement.

(2) A claim for an increase of maternity allowance in respect of an adult dependant may not be made in advance unless, on the date when made, the circumstances relating to the adult dependant concerned are such as would qualify the claimant for such an increase if they occurred in a period for which she was entitled to a maternity allowance.

Advance notice of retirement and claim for and award of pensionE+W+S

15.—(1) A claim for a retirement pension of any category, and for any increase in any such pension, [F392or a state pension under Part 1 of the Pensions Act 2014] [F393or a shared additional pension,] and an award on such a claim, may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.

(2) A notice for the purpose of section 27(4) of the Social Security Act 1975 (retirement from regular employment) shall be given to the Secretary of State in writing and shall specify a date, being a date not earlier than the date on which the person giving the notice attains pensionable age and not later than the expiration of the period of 4 months after the date on which the notice is given, as the date of that person's retirement.

(3) Where the person giving notice of retirement specifies a date earlier than the date on which he attains pensionable age, the notice shall be treated as if the latter date had been specified.

(4) For the purposes of that section 27(4) the prescribed period shall be the period of 12 months.

[F394(5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of [F395incapacity benefit] F396... for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.]

[F394(6) Where the spouse [F397or civil partner] of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse [F397or civil partner].]

(7) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension [F398or a state pension under Part 1 of the Pensions Act 2014], a person may at any time not more than 4 months before the date on which he will attain pensionable age, and notwithstanding that he [F399intends to defer his entitlement to a Category A or Category B retirement pension] [F398or a state pension under Part 1 of the Pensions Act 2014] at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act [F400or the Pensions Act 2014] relating to that person's title to such a [F401pension] F402..., and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.

Textual Amendments

Modifications etc. (not altering text)

[F403Cold weather paymentsE+W+S

F40415A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F405Advance claim for pension following defermentE+W+S

[F40615B.—[F407(1)] Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) thereof (as the case may be) a claim for—

(a)a Category A or Category B retirement pension;

(b)any increase in that pension; and

(c)a shared additional pension,

may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.]]

[F408(2) Where a person’s entitlement to a state pension under Part 1 of the Pensions Act 2014 is deferred in accordance with sections 16 and 17 of that Act (option to defer and effect of deferring a state pension), a claim for such a state pension may be made at any time not more than 4 months before the date on which the period during which the person’s entitlement to a state pension was deferred ends.]

Textual Amendments

F407Reg. 15B(1): reg. 15B renumbered as reg. 15B(1) (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(8)(a)

F408Reg. 15B(2) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(8)(b)

Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rateE+W+S

16.—(1) For the purpose only of determining the day from which benefit is to become payable, where a benefit other than one of those specified in paragraph (4) is awarded for a period of a week, or weeks, and the earliest date on which entitlement would otherwise commence is not the first day of a benefit week, entitlement shall begin on the first day of the benefit week next following.

[F409(1A) Where a claim for [F410working families' tax credit] is made in accordance with paragraph 7(a) [F411or (aa)] of Schedule 4 for a period following the expiration of an existing award of [F410working families' tax credit] [F411or [F412disabled persons' tax credit],] entitlement shall begin on the day after the expiration of that award.

(1B) Where a claim for [F410working families' tax credit] [F413or [F412disabled persons' tax credit],] is made on or after the date when an up-rating order is made under [F414section 150 of the Social Security Administration Act 1992], but before the date when that order comes into force, and—

(a)an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and

(b)the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,

entitlement shall begin from the date the up-rating order comes into force.]

[F415(1C) Where a claim for [F412disabled persons' tax credit] is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of [F412disabled persons' tax credit] or [F410working families' tax credit], entitlement shall begin on the day after the expiration of that award.]

[F416(1D) Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.]

[F417(1E) Except in a case where regulation 22DA applies, for the purpose only of determining the day from which state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.]

(2) Where there is a change in the rate of any benefit to which paragraph (1) applies [F418(other than widowed mother’s allowance and widow’s pension)] the change, if it would otherwise take effect on a day which is not the [F419first day of the benefit week] for that benefit, shall take effect from the [F419first day of the benefit week] next following.

[F420(2A) Subject to paragraph (2B), where there is a change in the rate of F421... widowed mother’s allowance, widowed parent’s allowance or widow’s pension, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the first day of the benefit week next following.

(2B) Paragraph (2A) shall not apply in a case where an award of benefit is terminated and benefit is paid in arrears.

(2C) Where a benefit specified in paragraph (2A) is paid in advance and the award is terminated, the termination, if it would otherwise take effect on a day which is not the first day of a benefit week, shall take effect on the first day of the benefit week next following.]

[F422(2D) [F423Where an award of retirement pension] is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.]

[F422(2E) Except in a case where [F424paragraph (2F) or] regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.]

[F425(2F) Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act (annual up-rating of benefits, basic pension etc.) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.]

[F426(2G) Except in a case where paragraph (2H) applies, where—

(a)a state pension under Part 1 of the Pensions Act 2014 is paid in arrears under regulation 22CA; and

(b)there is a change in the rate of that benefit,

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

(2H) Where—

(a)a state pension under Part 1 of the Pensions Act 2014 is paid in arrears under regulation 22CA; and

(b)a change in the rate of that benefit takes effect under an Order made under section 150, 150A or 151A of the 1992 Act,

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.]

[F427(3) For the purposes of this regulation the first day of the benefit week—

(a)in the case of child benefit [F428and guardian’s allowance] is Monday,

(b)in the case of [F429working families' tax credit] [F430or [F431disabled persons' tax credit]] is Tuesday, and

(c)[F432in any other case is —

(i)when paid in advance, the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits) or 22A ([F433bereavement support payment], widowed mother’s allowance, widowed parent’s allowance and widow’s pension);

(ii)when paid in arrears, the first day of the period of 7 days which ends on the day on which the benefit is payable in accordance with [F434regulation 22, 22A[F435, 22C or 22CA]].]]

(4) The benefits specified for exclusion from the scope of paragraph (1) are [F436jobseeker’s allowance], [F437incapacity benefit][F438, employment and support allowance], maternity allowance, F439... severe disablement allowance, income support [F440, state pension credit][F441, [F442bereavement support payment], widowed parent’s allowance][F443, retirement pension payable in arrears under regulation 22C][F444, state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA] F439... and any increase of those benefits.

Textual Amendments

F410Words in reg. 16(1A)(1B)(1C) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F412Words in reg. 16(1A)(1B)(1C) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F414Words in reg. 16(1B) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 8

F417Reg. 16(1E) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(9)(a)

F421Words in reg. 16(2A) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(6)(a)

F426Reg. 16(2G)(2H) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(9)(b)

F429Words in reg. 16(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F431Words in reg. 16(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F433Words in reg. 16(3)(c)(i) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(6)(b)

F435Words in reg. 16(3)(c)(ii) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(9)(c)

F442Words in reg. 16(4) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(6)(c)

F444Words in reg. 16(4) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(9)(d)

[F445Date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rateE+W+S

16A.—(1) For the purpose only of determining the day from which state pension credit is to become payable, where the credit is awarded from a day which is not the first day of the claimant’s benefit week, entitlement shall begin on the first day of the benefit week next following.

(2) In the case of a claimant who—

(a)immediately before attaining the qualifying age was entitled to income support[F446, [F447universal credit,] income-based jobseeker's allowance or income-related employment and support allowance] and is awarded state pension credit from the day on which he attains the qualifying age; or

(b)was entitled to an income-based jobseeker’s allowance [F448or universal credit] after attaining the qualifying age and is awarded state pension credit from the day which falls after the date that entitlement ends,

entitlement to the guarantee credit shall, notwithstanding paragraph (1), begin on the first day of the award.

(3) Where a change in the rate of state pension credit would otherwise take effect on a day which is not the first day of the claimant’s benefit week, the change shall take effect from the first day of the benefit week next following.

[F449(4) For the purpose of this regulation, “benefit week” means—

(a)where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;

(b)where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant's case, that benefit is payable.]]

Textual Amendments

Duration of awardsE+W+S

17.—(1) Subject to the provisions of this regulation and of section [F45037ZA(3) of the Social Security Act 1975 (disability living allowance) and section] 20(6) [F450and (6F)] of the Social Security Act 1986 ([F451working families' tax credit] [F450and [F452disabled persons' tax credit]]) a claim for benefit shall be treated as made for an indefinite period and any award of benefit on that claim shall be made for an indefinite period.

[F453(1A) Where an award of income support or an income-based jobseeker’s allowance is made in respect of [F454a couple] and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.]

F455(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F456Except in the case of claims for and awards of state pension credit,] if F457... it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example where a relevant change of circumstances is reasonably to be expected in the near future) the claim shall be treated as made and the award shall be for a definite period which is appropriate in the circumstances.

(4) In any case where benefit is awarded in respect of days subsequent to the date of claim the award shall be subject to the condition that the claimant satisfies the requirements for entitlementF458....

(5) The provisions of Schedule 2 shall have effect in relation to claims for [F459a jobseeker’s allowance] made during periods connected with public holidays.

Textual Amendments

F451Words in reg. 17(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F452Words in reg. 17(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

Duration of disallowanceE+W+S

F46018.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Time for claiming benefitE+W+S

[F46119.—(1) Subject to the following provisions of this regulation, the prescribed time for claiming any benefit specified in column (1) of Schedule 4 is the appropriate time specified opposite that benefit in column (2) of that Schedule.

(2) The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.

(3) The benefits to which paragraph (2) applies are—

(a)child benefit;

(b)guardian’s allowance;

F462(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)invalid care allowance [F463or carer’s allowance, as the case may be,];

(e)maternity allowance;

F464(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F465(ff). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)widow’s benefit;

(ga)[F466subject to paragraph (3B), widowed parent’s allowance;]

[F466(gb)subject to paragraph (3BA), bereavement support payment;]

(h)F467... any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.

(i)[F468state pension credit.]

F469(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F470(3B) The time prescribed for claiming a [F471widowed parent’s allowance] in respect of the day on which the claimant’s spouse [F472or civil partner] has died or may be presumed to have died where—

(a)less than 12 months have elapsed since the day of the death; and

(b)the circumstances are as specified in section 3(1)(b) of the Social Security Administration Act 1992 (death is difficult to establish),

is that day and the period of 12 months immediately following that day if the other conditions of entitlement are satisfied.]

[F473(3BA) The prescribed time for claiming bereavement support payment in respect of—

(a)the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment); and

(b)the date on which the claimant’s spouse or civil partner died,

is 12 months beginning with that date of death.]

[F474(3C) In any case where the application of paragraphs (16) to (34) of regulation 6 would be advantageous to the claimant, this regulation shall apply subject to those provisions.]

(4) Subject to paragraph (8), in the case of a claim for income support, jobseeker’s allowance, [F475working families' tax credit] or [F476disabled persons' tax credit], where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of three months, to the date on which the claim is made, where—

(a)any [F477one or more] of the circumstances specified in paragraph (5) applies or has applied to the claimant; and

(b)as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.

(5) The circumstances referred to in paragraph (4) are—

(a)the claimant has difficulty communicating because—

(i)he has learning, language or literacy difficulties; or

(ii)he is deaf or blind,

and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(b)except in the case of a claim for jobseeker’s allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(c)the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(d)the claimant was given information by an officer of the [F478Department for Work and Pensions] [F479or in a case to which regulation 4A applies, a representative of a relevant authority] [F480or of the Board] which led the claimant to believe that a claim for benefit would not succeed;

(e)the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;

(f)the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;

(g)the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or

(h)the claimant was prevented by adverse weather conditions from attending the appropriate office.

(6) In the case of a claim for income support, jobseeker’s allowance, [F481working families' tax credit] or [F482disabled persons' tax credit], [F483where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of one month, to the date on which the claim is made, where—

(a)any one or more of the circumstances specified in paragraph (7) applies or has applied to the claimant; and

(b)as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.]

(7) The circumstances referred to in paragraph (6) are—

(a)the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;

(b)the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;

(c)there were adverse postal conditions;

(d)the claimant [F484or, in the case of income support or jobseeker’s allowance, the claimant or his partner] was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant [F485or his partner, as the case may be,] before the date that his entitlement expired;

(e)[F486in the case of a claim for working families' tax credit, the claimant had previously been entitled, or the partner of the claimant had previously been entitled in relation to the claimant, to income support or jobseeker’s allowance and the claim for working families' tax credit was made within one month of—

(i)the expiry of entitlement to income support ignoring any period in which entitlement resulted from the person entitled not being treated as engaged in remunerative work by virtue of [F487paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6] of the Income Support (General) Regulations 1987; or

(ii)the expiry of entitlement to jobseeker’s allowance;]

(f)except in the case of a claim for [F481working families' tax credit] or [F482disabled persons' tax credit], the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made; F488...

(g)during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose “close relative” means partner, parent, son, daughter, brother or [F489sister; or].

[F490(h)[F491in the case of a claim for disabled person’s tax credit, the claimant had previously been entitled to income support, jobseeker’s allowance, incapacity benefit or severe disablement allowance and the claim for disabled person’s tax credit was made within one month of—

(i)the expiry of entitlement to income support ignoring any period in which entitlement resulted from the claimant not being treated as engaged in remunerative work by virtue of [F492paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6] of the Income Support (General) Regulations 1987; or

(ii)the expiry of entitlement to jobseeker’s allowance, incapacity benefit or severe disablement allowance;]]

[F491(ha)in the case of a claim for disabled person’s tax credit, the partner of the claimant had previously been entitled in relation to the claimant to income support or jobseeker’s allowance, and the claim for disabled person’s tax credit was made within one month of—

(i)the expiry of entitlement to income support ignoring any period in which entitlement resulted from the partner of the claimant not being treated as engaged in remunerative work by virtue of [F493paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6] of the Income Support (General) Regulations 1987; or

(ii)the expiry of entitlement to jobseeker’s allowance;]

[F494(i)in the case of a claim for a jobseeker’s allowance by a member of a joint-claim couple where the other member of that couple failed to attend at the time and place specified by the Secretary of State for the purposes of regulation 6.]

[F495(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.]

F496(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F461Reg. 19 substituted (7.4.1997 for specified purposes, 4.8.1997 for specified purposes) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), reg. 1(1)(b)(c), 6 (with reg. 20(1))

F469Reg. 19(3A) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(7)(b)

F471Words in reg. 19(3B) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(7)(c)

F475Words in reg. 19(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F476Words in reg. 19(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F480Words in reg. 19(5)(d) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 10(a)

F481Words in reg. 19(6)(7) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F482Words in reg. 19(6)(7) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F486Reg. 19(7)(e) substituted (with effect in accordance with reg. 10(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 10(2)(a)

F491Reg. 19(7)(h)(ha) substituted for reg. 19(7)(h) (with effect in accordance with reg. 10(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 10(2)(b)

PART IIIE+W+SPAYMENTS

[F497Time of payment: general provision]E+W+S

[F49720.  Subject to regulations 21 to 26B, benefit shall be paid in accordance with an award as soon as is reasonably practicable after the award has been made.]

Textual Amendments

[F498Payment on presentation of an instrument for benefit paymentE+W+S

F49920A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Direct credit transferE+W+S

21.—[F500(1) The Secretary of State may arrange for benefit to be paid by way of direct credit transfer into a bank or other account nominated by the person entitled to benefit or a person acting on their behalf.]

F501(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F502Subject to paragraph (3A)] benefit shall be paid in accordance with paragraph (1) within seven days of the last day of each successive period of entitlement F503... [F504or, so far as concerns working families' tax credit or disabled person’s tax credit, within such time as the Board may direct].

[F505(3A) Income Support shall be paid in accordance with paragraph (1) within 7 days of the time determined for the payment of income support in accordance with Schedule 7.]

[F506(3B) Where child benefit is payable in accordance with paragraph (1), [F507an arrangement under that paragraph] shall also have effect for any guardian’s allowance to which the claimant is entitled and that allowance shall be paid in the same manner as the child benefit which is due in his case.

(3C) Where guardian’s allowance is payable in accordance with paragraph (1), [F507an arrangement under that paragraph] shall also have effect for the child benefit to which the claimant is entitled and that child benefit shall be paid in the same manner as the guardian’s allowance which is due in his case.]

(4) In respect of benefit which is the subject of an arrangement for payment under this regulation, the Secretary of State [F508or the Board] may make a particular payment by credit transfer otherwise than is provided by paragraph (3) [F509or (3A)] if it appears to him [F510or them] appropriate to do so for the purpose of–

(a)paying any arrears of benefit, or

(b)making a payment in respect of a terminal period of an award or for any similar purpose.

F511(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F512(5A) In relation to payment of a joint-claim jobseeker’s allowance, references in this regulation to the person entitled to benefit shall be construed as references to the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act.]

F513[F514(6)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F500Reg. 21(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 5(2)

F504Words in reg. 21(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 11

F508Words in reg. 21(4)(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F510Words in reg. 21(4)(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 23, Sch. Pt. IV

[F515Delayed payment of lump sumE+W+S

21A.—(1)  This regulation applies where—

(a)a person (“P”) is entitled to a lump sum under, as the case may be—

(i)Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(ii)Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(iii)Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums);

[F516(iv)section 8 of the Pensions Act 2014 (choice of lump sum or survivor’s pension in certain cases); or

(v)Regulations under section 10 of the Pensions Act 2014 (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8 of that Act;]

or

(b)the Secretary of State decides to make a payment on account of such a lump sum.

(2) Subject to paragraph (3), for the purposes of section 7 of the Finance (No. 2) Act 2005 (charge to income tax of lump sum), P may elect to be paid the lump sum in the tax year (“the later year of assessment”) next following the tax year which would otherwise be the applicable year of assessment by virtue of section 8 of that Act (meaning of “applicable year of assessment” in section 7).

(3) P may not elect in accordance with paragraph (2) (“a tax election”) unless he elects on the same day as he chooses a lump sum in accordance with, as the case may be—

(a)paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

(b)paragraph 1 of Schedule 5A to that Act;

(c)paragraph 12 or 17 of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005,

[F517(d)section 8 of the Pensions Act 2014;

(e)Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to section 8 of that Act,]

or within a month of that day.

(4) A tax election may be made in writing to an office specified by the Secretary of State for accepting such elections or, except where in any particular case the Secretary of State directs that the election must be made in writing, it may be made by telephone call to the number specified by the Secretary of State.

(5) If P makes a tax election, payment of the lump sum, or any payment on account of the lump sum, shall be made in the first month of the later year of assessment or as soon as reasonably practicable after that month, unless P revokes the tax election before the payment is made.

(6) If P makes no tax election in accordance with paragraphs (2) and (3), or revokes a tax election, payment of the lump sum or any payment on account of the lump sum shall be made as soon as reasonably practicable after P—

(a)elected for a lump sum, or was treated as having so elected; or

(b)revoked a tax election.

(7) If P dies before the beginning of the later year of assessment—

(a)any tax election in respect of P's lump sum shall cease to have effect; and

(b)no person appointed under regulation 30 to act on P's behalf may make a tax election.

(8) In this regulation “the later year of assessment” has the meaning given by section 8(5) of the Finance (No. 2) Act 2005.]

Textual Amendments

Long term benefitsE+W+S

22.—[F518(1) Subject to the provisions of this regulation and [F519regulations 22A, 22C and 25(1)], long term benefits may be paid at intervals of [F520four weeks in arrears, weekly in advance or, where the beneficiary agrees, at intervals not exceeding 13 weeks in arrears].]

[F518(1A) [F521Subject to paragraph (1B), disability] living allowance shall be paid at intervals of four weeks.]

[F522(1B) The Secretary of State may, in any particular case or class of case, arrange that attendance allowance or disability living allowance shall be paid at such other intervals not exceeding four weeks as may be specified.]

(2) Where the amount of long-term benefit payable is less than [F523£5.00] a week the Secretary of State may direct that it shall be paid (whether in advance or in arrears) at such intervals as may be specified not exceeding 12 months.

(3) Schedule 6 specifies the days of the week on which the various long term benefits are payable.

Textual Amendments

Modifications etc. (not altering text)

[F524F525... Widowed mother’s allowance, widowed parent’s allowance and widow’s pensionE+W+S

22A.—(1) Subject to paragraphs (2) and (4), F526... widowed mother’s allowance, widowed parent’s allowance and widow’s pension shall be paid fortnightly in arrears on the day of the week specified in paragraph (3).

(2) The Secretary of State may, in any particular case or class of case, arrange that a benefit specified in paragraph (1) be paid on any other day of the week.

(3) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)(2)
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday.

(4) The Secretary of State may, in any particular case or class of case, arrange that the beneficiary be paid weekly in advance or in arrears or, where the beneficiary agrees to be paid in such manner, at intervals of four or 13 weeks in arrears.

Textual Amendments

F525Words in reg. 22A heading omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(8)

F526Words in reg. 22A(1) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(8)

Payment of F527... widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rateE+W+S

22B.—(1) Where entitlement to a F528... widowed parent’s allowance begins on a day which is not the first day of the benefit week, it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(2) Where the Secretary of State changes the day on which a benefit mentioned in paragraph (5) is payable, the benefit shall be paid at a daily rate in respect of any day for which payment would have been made but for that change.

(3) An award of benefit mentioned in paragraph (5) shall be paid at a daily rate where—

(a)the award is terminated;

(b)entitlement ends on a day other than the last day of the benefit week; and

(c)the benefit is paid in arrears.

(4) Where benefit is paid at a daily rate in the circumstances mentioned in paragraph (3), it shall be so paid in respect of the period beginning with the first day of the final benefit week and ending on the last day for which there is an entitlement to the benefit.

(5) Paragraphs (2) and (3) apply to—

F529(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)widowed mother’s allowance;

(c)widowed parent’s allowance; and

(d)widow’s pension.

(6) Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate shall be 1/7th of the weekly rate.]

Textual Amendments

F527Words in reg. 22B heading omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(9)(a)

F528Words in reg. 22B(1) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(9)(b)

F529Reg. 22B(5)(a) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(9)(c)

[F530Retirement pensionE+W+S

22C.—(1) This regulation applies in relation to payment of a retirement pension to persons who reach pensionable age on or after 6th April 2010, other than to a person to whom paragraph (7) applies.

(2) Subject to paragraphs (4) to (6), a retirement pension shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (3).

(3) The day specified for the purposes of paragraph (2) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)(2)
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday

(4) The Secretary of State may, in any particular case or class of case, arrange that retirement pension be paid on any other day of the week.

(5) The Secretary of State may, in any particular case or class of case, arrange that the beneficiary be paid in arrears at intervals of 13 weeks where the beneficiary agrees.

(6) Where the amount of a retirement pension payable is less than £5.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 12 months, as may be specified in the direction.

(7) This paragraph applies to a man who—

(a)was in receipt of state pension credit in respect of any day in the period beginning with the day 4 months and 4 days before the day on which he reaches pensionable age and ending on 5th April 2010; or

(b)was in continuous receipt of state pension credit from 5th April 2010 until a day no earlier than the day 4 months and 4 days before the day on which he reaches pensionable age.]

Textual Amendments

[F531State pension under Part 1 of the Pensions Act 2014E+W+S

22CA.—(1) This regulation applies in relation to payment of a state pension under Part 1 of the Pensions Act 2014.

(2) State pension is to be paid in arrears.

(3) The Secretary of State may arrange to pay state pension at intervals of—

(a)one week;

(b)two weeks, if the beneficiary was in receipt of a working age benefit immediately before becoming entitled to the state pension which was paid fortnightly;

(c)four weeks;

(d)13 weeks, if the beneficiary agrees; or

(e)such length not exceeding 12 months as the Secretary of State may choose, if—

(i)the Secretary of State makes a direction specifying that length; and

(ii)the amount of the state pension payable is less than £5.00 per week.

(4) State pension is to be paid—

(a)on the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number; or

(b)in any particular case or class of case, on any other day of the week that the Secretary of State may choose.

(1) Last 2 digits national insurance number(2) Day to be paid state pension
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday]

Textual Amendments

[F530Payment of retirement pension at a daily rateE+W+S

22D.—(1) Where the entitlement of a person (B) to a retirement pension begins on a day which is not the first day of the benefit week in the circumstances specified in paragraph (3), it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(2) Where in respect of a retirement pension—

(a)the circumstances specified in paragraph (3) apply,

(b)B’s entitlement to that benefit begins on a day which is not the first day of the benefit week, and

(c)a change in the rate of that benefit takes effect under an order made under [F532section 150 or 150A] of the 1992 Act (annual up-rating of basic pension etc.) on a day, in the same benefit week, subsequent to the day on which B’s entitlement arose,

it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(3) The circumstances referred to in paragraphs (1) and (2) are where—

(a)the retirement pension is paid in arrears,

(b)B has not opted to defer entitlement to a retirement pension under section 55 of the Contributions and Benefits Act, and

(c)B—

(i)was in receipt of a working age benefit in respect of any day in the period beginning with the day 8 weeks and a day before B reaches pensionable age and ending immediately before the day B reaches such age, or

(ii)has reached pensionable age and is a dependent spouse of a person who is in receipt of an increase for an adult dependant under section 83 or 84 of the Contributions and Benefits Act.

(4) Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate which shall apply in respect of a particular day in the relevant period shall be 1/7th of the weekly rate which, if entitlement had begun on the first day of the benefit week, would have had effect on that particular day.

(5) In this regulation, “benefit week” means the period of 7 days which ends on the day on which, in B’s case, the benefit is payable in accordance with regulation 22C.]

Textual Amendments

[F533Payment of state pension under Part 1 of the Pensions Act 2014 at a daily rateE+W+S

22DA.—(1) State pension under Part 1 of the Pensions Act 2014 is to be paid at a daily rate where—

(a)the day on which a person’s first benefit week begins is after—

(i)the day on which the person reaches pensionable age; or

(ii)where the person has deferred their state pension under sections 16 and 17 of the Pensions Act 2014, the first day in respect of which the person makes a claim for their state pension; or

(b)the day on which a person’s last benefit week begins is before the day on which the person dies.

(2) The period for which a daily rate is to be paid is—

(a)where paragraph (1)(a) applies, the period—

(i)beginning on the day on which the person reaches pensionable age or the first day in respect of which the person makes a claim for their state pension; and

(ii)ending on the day before the day on which the person’s first benefit week begins; or

(b)where paragraph (1)(b) applies, the period beginning on the day on which the person’s last benefit week begins and ending on the day on which the person dies.

(3) The daily rate at which state pension is payable under this regulation is 1/7th of the weekly rate which would have had effect on the day if a weekly rate had been payable.

(4) In this regulation, “benefit week” means the period of 7 days ending on the day on which the person’s state pension is payable in accordance with regulation 22CA(4).]

Textual Amendments

[F534Child benefit and guardian’s allowance]E+W+S

23.—(1) Subject to the provisions of this regulation F535..., child benefit shall be payable as follows:–

(a)in a case where a person entitled to child benefit elects to receive payment weekly in accordance with the provisions of Schedule 8, child benefit shall be payable weekly from the first convenient date after the election has been made;

(b)in any other case child benefit shall be payable in the last week of each successive period of four weeks of the period of entitlement.

(2) Subject to paragraph (3) and regulation 21, child benefit payable weekly or four-weekly shall be payable on Mondays or Tuesdays (as the Secretary of State may in any case determine) [F536by means of serial orders or on presentation of an instrument for benefit payment].

(3) In such cases as the Secretary of State may determine, child benefit shall be payable otherwise than–

(a)by means of serial orders [F537or on presentation of an instrument for benefit payment], or

(b)on Mondays or Tuesdays, or

(c)at weekly or four-weekly intervals,

and where child benefit is paid at four-weekly intervals in accordance with paragraph (1)(b) the Secretary of State shall arrange for it to be paid weekly if satisfied that payment at intervals of four weeks is causing hardship.

[F538(3A) Where a claimant for child benefit is also entitled to guardian’s allowance, that allowance shall be payable in the same manner and at the same intervals as the claimant’s child benefit under this regulation.]

(4) The Secretary of State shall take steps to notify persons to whom child benefit is payable of the arrangements he has made for payment so far as those arrangements affect such persons.

Textual Amendments

F535Words in reg. 23(1) omitted (1.4.2003 comes into force immediately before IF Date1) by virtue of The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002 (S.I. 2002/2441), regs. 1(1)(b), 4 (with reg. 15)

F539[F540... Incapacity benefit, maternity allowance and severe disablement allowanceE+W+S

24.—(1) Subject to F541... [F542paragraphs (3) and (3A),] F543... incapacity benefit[F544, maternity allowance] and severe disablement allowance shall be paid fortnightly in arrears unless, [F545in any particular case or class of case], the Secretary of State arranges otherwise.

[F546(1A) Subject to paragraph (1B), the benefits specified in paragraph (1) shall be paid on the day of the week specified in paragraph (1C).

(1B) The Secretary of State may, in any particular case or class of case, arrange that a benefit specified in paragraph (1) be paid on any other day of the week.

(1C) The day specified for the purposes of paragraph (1A) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)(2)
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday.]

F547(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If the weekly amount of incapacity benefit or severe disablement allowance is less than £1.00 it may be paid in arrears at intervals of 4 weeks.

[F548(3A) Where the amount of incapacity benefit payable after reduction for pension payments under section 30DD of the Social Security Contributions and Benefits Act 1992 (including any reduction for other purposes) is less than £5.00 a week, the Secretary of State may direct that it shall be paid [F549in arrears] at such intervals as may be specified not exceeding 12 months.]

F550(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Payment of attendance allowance and constant attendance allowance at a daily rateE+W+S

25.—(1) Attendance allowance [F551or disability living allowance F552...] shall be paid in respect of any person, for any day falling within a period to which paragraph (2) applies, at the daily rate (which shall be equal to 1/7th of the weekly rate) and attendance allowance [F551or disability living allowance F552...] payable in pursuance of this regulation shall be paid weekly or as the Secretary of State may direct in any case.

(2) This paragraph applies to any period which–

(a)begins on the day immediately following the last day of a period during which a person was living in [F553a hospital specified in or other accommodation provided as specified in regulations made under section 37ZB(8) of the Social Security Act 1975 M6 (“specified hospital or other accommodation”)]; and

(b)ends–

(i)if the first day of the period was a day of payment, at midnight on the day preceding the [F5534th] following day of payment, or

(ii)if that day was not a day of payment, at midnight on the day preceding the [F5535th] following day of payment, or

(iii)if earlier, on the day immediately preceding the day on which [F553he next lives in specified hospital or other accommodation];

if on the first day of the period it is expected that, before the expiry of the period of [F55328 days] beginning with that day, he will return to [F553specified hospital or other accommodation].

(3) An increase of disablement pension under section 61 of the Social Security Act 1975 where constant attendance is needed (“constant attendance allowance”) shall be paid at a daily rate of 1/7th of the weekly rate in any case where it becomes payable for a period of less than a week which is immediately preceded and immediately succeeded by periods during which the constant attendance allowance was not payable because regulation 21(1) of the Social Security (General Benefit) Regulations 1982 M7 applied.

Textual Amendments

Marginal Citations

M6S.I. 1975/598; amending instruments are S.I. 1977/342, 417, 1980/1136, 1983/1015, 1137, 1741.

Income supportE+W+S

26.—(1) [F554Subject to regulation 21 (direct credit transfer), Schedule 7] shall have effect for determining the F555... time at which income support is to be paidF556... and the day when entitlement to income support is to begin.

F557(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F557(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the entitlement to income support is less than 10 pence or, in the case of a beneficiary to whom [F558section 23A] of the Social Security Act 1986 applies, £5, that amount shall not be payable unless the claimant is also entitled to payment of any other benefit with which income support [F559may be paid] under arrangements made by the Secretary of State.

Textual Amendments

[F560Jobseeker’s allowanceE+W+S

26A.—(1) Subject to the following provisions of this regulation, jobseeker’s allowance shall be paid fortnightly in arrears unless in any particular case or class of case the Secretary of State arranges otherwise.

(2) The provisions of paragraph 2A of Schedule 7 (payment of income support at times of office closure) shall apply for the purposes of payment of a jobseeker’s allowance as they apply for the purposes of payment of income supportF561....

(3) Where the amount of a jobseeker’s allowance is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.

F562(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F562(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F562(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F562(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F562(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F563State pension creditE+W+S

26B.—(1) Except where [F564paragraph (2) or regulation 26BA] applies, state pension credit shall be payable on Mondays, but subject [F565to regulation 21 where payment is by direct credit transfer].

(2) State pension credit shall be payable—

[F566(a)on the same day as any—

(i)state pension under Part 1 of the Pensions Act 2014; or

(ii)retirement pension,

is payable to the claimant; or]

(b)on such other day of the week as the Secretary of State may, in the particular circumstances of the case, determine.

F567(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F568Subject to regulation 26BA, state pension credit] paid [F569otherwise than in accordance with regulation 21] shall be paid weekly in advance.

(5) Where the amount of state pension credit payable is less than £1.00 per week, the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.

F570(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F570(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F571Intervals for payment of state pension creditE+W+S

26BA.—(1) Where state pension credit is payable to a person who reaches pensionable age on or after 6th April 2010, other than a person to whom regulation 22C(7) applies, it shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (2).

(2) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)(2)
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday

(3) The Secretary of State may, in any particular case or class of case, arrange that state pension credit be paid on any other day of the week.

(4) Where the amount of state pension credit payable is less than £1.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 13 weeks, as may be specified in the direction.]

Textual Amendments

[F572Employment and support allowanceE+W+S

26C.—(1) Subject to paragraphs (3) to (7), employment and support allowance is to be paid fortnightly in arrears on the day of the week determined in accordance with paragraph (2).

(2) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the claimant's national insurance number—

(1)(2)
00 to 19Monday
20 to 39Tuesday
40 to 59Wednesday
60 to 79Thursday
80 to 99Friday

(3) The Secretary of State may, in any particular case or class of case, arrange that the claimant be paid otherwise than fortnightly.

(4) The Secretary of State may, in any particular case or class of case, arrange that employment and support allowance be paid on any day of the week and where it is in payment to any person and the day on which it is payable is changed, it must be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

(5) Where the weekly amount of employment and support allowance is less than £1.00 it may be paid in arrears at intervals of not more than 13 weeks.

(6) Where the weekly amount of an employment and support allowance is less than 10 pence that allowance is not payable.

(7) The provisions of paragraph 2A of Schedule 7 (payment of income support at time of office closure) apply for the purposes of payment of employment and support allowance as they apply for the purposes of payment of income support.]

Textual Amendments

[F573[F574Working families' tax credit] and [F575disabled persons' tax credit]E+W+S

27.—(1) Subject to regulation 21 [F576and paragraph (1A)], [F577working families' tax credit] and [F578disabled persons' tax credit] shall be payable in respect of any benefit week on the Tuesday next following the end of that week by means of a book of serial orders [F579or on presentation of an instrument for benefit payment] unless in any case the [F580Board arrange] otherwise.

[F581(1A) Subject to paragraph (2), where an amount of [F577working families' tax credit] or [F578disabled persons' tax credit] becomes payable which is at a weekly rate of not more than £4.00, that amount shall, if the [F582Board so direct], be payable as soon as practicable by means of a single payment; except that if that amount represents an increase in the amount of either of those benefits which has previously been paid in respect of the same period, this paragraph shall apply only if that previous payment was made by means of a single payment.]

(2) Where the entitlement to [F577working families' tax credit] or [F578disabled persons' tax credit] is less than 50 pence a week that amount shall not be payable.]

Textual Amendments

F574Words in reg. 27 heading substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F575Words in reg. 27 heading substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F577Words in reg. 27(1)(1A)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F578Words in reg. 27(1)(1A)(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F580Words in reg. 27(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 12(a)

F582Words in reg. 27(1A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 12(b)

Fractional amounts of benefitE+W+S

28.— [F583(1 ) [F584Subject to paragraph (2),] where the amount of any benefit payable would, but for this regulation, include a fraction of a penny, that fraction shall be disregarded if it is less than a half penny and shall otherwise be treated as a penny.]

[F585(2) Where the amount of any maternity allowance payable would, but for this regulation, include a fraction of a penny, that fraction shall be treated as a penny.]

Textual Amendments

[F586Payment to a person under age 18E+W+S

29.  Where benefit is paid to a person under the age of 18 (whether on his own behalf or on behalf of another) [F587a direct credit transfer under regulation 21 into that person’s account, or the receipt by him of a payment made by some other means,] shall be a sufficient discharge to the Secretary of State [F588or the Board].]

Textual Amendments

F588Words in reg. 29 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

Payments on deathE+W+S

30.—(1) On the death of a person who has made a claim for benefit, the Secretary of State [F589or the Board] may appoint such person as he [F590or they] may think fit to proceed with the claim [F591and any related issue of revision, supersession or appeal].

(2) Subject to [F592paragraphs (4) and (4A)], any sum payable by way of benefit which is payable under an award on a claim proceeded with under paragraph (1) may be paid or distributed by the Secretary of State [F593or the Board] to or amongst persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 38 (extinguishment of right) shall apply to any such payment or distribution; and

(a)[F594a direct credit transfer under regulation 21 into any such person’s account, or the receipt by him of a payment made by some other means,] shall be a good discharge to the Secretary of State [F593or the Board] for any sum so paid; and

(b)where the Secretary of State is satisfied [F595or the Board are satisfied] that any such sum or part thereof is needed for the benefit of any person under the age of 16, he [F596or they] may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Secretary of State [F593or the Board] that he will apply the sum so paid for the benefit of the person under the age of 16.

(3) Subject to paragraph (2), any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and regulation 38 shall apply to any such payment or distribution, except that, for the purpose of that regulation, the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

(4) [F597Subject to paragraph (4B), paragraphs] (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State [F598or the Board] within 12 months from the date of the deceased's death or within such longer period as the Secretary of State [F598or the Board] may allow in any particular case.

[F599(4A) In a case where a joint-claim jobseeker’s allowance has been awarded to a joint-claim couple and one member of that couple dies, the amount payable under that award shall be payable to the other member of that couple.]

[F600(4B) A written application is not required where—

(a)an executor or administrator has not been appointed;

(b)the deceased was in receipt of a retirement pension of any category[F601, a state pension under Part 1 of the Pensions Act 2014] or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;

(c)the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and

(d)either—

(i)the spouse or civil partner and the deceased were living together at the time of death; or

(ii)they would have been living together at the time of death but for the fact that either or both of them were in a residential care or a nursing home or in a hospital.]

(5) [F602Subject to paragraphs (5A) to [F603(5H)] ,] where the conditions specified in paragraph (6) are satisfied, a claim may be made on behalf of the deceased to any benefit other than [F604jobseeker’s allowance,] income support[F605, state pension credit][F606, [F607working families' tax credit] or [F608disabled persons' tax credit]] or a social fund payment such as is mentioned in section 32(2)(a) [F609and section 32(2A)] of the Social Security Act 1986 [F610, or reduced earnings allowance or disablement benefit], to which he would have been entitled if he had claimed it in the prescribed manner and within the prescribed time.

[F611[F612(5A) Subject to paragraphs (5B) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married or in a civil partnership on the date of his death.]

[F611(5B) But, subject to paragraphs (5C) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit where the deceased was a married woman or a civil partner on the date of death if the deceased’s widower or surviving civil partner was under pensionable age on that date and due to attain pensionable age before 6th April 2010.]

[F611(5C) Where a claim is made for a shared additional pension [F613or a state pension under Part 1 of the Pensions Act 2014] under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A) or (5B), in determining the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.]

[F611(5D) Paragraph (5E) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension, shared additional pension or graduated retirement benefit was deferred in accordance with, as the case may be—

(a)section 55 of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(b)section 55C of that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(c)section 36(4A) of the National Insurance Act 1965 (deferment of graduated retirement benefit).]

(5E) Paragraph (5F) applies where—

(a) the deceased person was a widow or widower (“W”) who was married to the other party of the marriage (“S”) when S died;

(b) throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5C)(a) or (b); and

(c)W made no statutory election in consequence of the deferral.

[F611(5F) [F614Paragraphs (5G) and (5H) apply] where—

(a)the deceased person was a widow, widower or surviving civil partner (“W”) who was married to, or in a civil partnership with, the other party of the marriage or civil partnership (“S”) when S died;

(b)throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5D)(a) or (c); and

(c)W made no statutory election[F615, or choice under section 8(2) of the Pensions Act 2014 or Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2),] in consequence of the deferral.]]

[F611(5G) Where a person claims under paragraphs (5) and (5A) the deceased [F616(referred to as W in paragraph (5F))] shall be treated as having made an election in accordance with, as the case may be—

(a)paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act (electing to have an increase of pension), where paragraph (5D)(a) applies; or

(b)paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5D)(c) applies.]

[F617(5H) Where a person makes a claim under paragraph (5) for a state pension under Part 1 of the Pensions Act 2014, the deceased (referred to as W in paragraph (5F)) shall be treated as having made a choice to be paid a state pension under—

(a)section 9 of the Pensions Act 2014 (survivor’s pension based on inheritance of deferred old state pension) in accordance with section 8(2)(b) of that Act; or

(b)Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to section 9 of that Act in accordance with Regulations under section 10 which make provision corresponding or similar to section 8(2)(b).]

(6) [F618Subject to the following provisions of this regulation,] the following conditions are specified for the purposes of paragraph (5)–

(a)within six months of the death an application must have been made in writing to the Secretary of State for a person, whom the Secretary of State thinks fit to be appointed to make the claim, to be so appointed;

(b)a person must have been appointed by the Secretary of State to make the claim;

(c)there must have been no longer period than six months between the appointment and the making of the claim.

[F619(6A) Where the conditions specified in paragraph (6B) are satisfied, a person may make a claim for reduced earnings allowance or disablement benefit, including any increase under section 61 or 63 of the Social Security Act 1975, in the name of a person who has died.

(6B) [F620Subject to the following provisions of this regulation,] the conditions specified for the purposes of paragraph (6A) are—

(a)that the person who has died would have been entitled to the benefit claimed if he had made a claim for it in the prescribed manner and within the prescribed time;

(b)that within 6 months of a death certificate being issued in respect of the person who has died, the person making the claim has applied to the Secretary of State to be made an appointee of the person who has died F621...;

[F622(ba)that that person has been appointed by the Secretary of State to make the claim;]

(c)the claim is made within 6 months of the appointment.]

[F623(6C) Subject to paragraph (6D), where the Secretary of State certifies that to do so would be consistent with the proper administration of the Social Security Contributions and Benefits Act 1992 the period specified in paragraphs (6)(a) and (c) and (6B)(b) and (c) shall be extended by such period, not exceeding 6 months, as may be specified in the certificate.

(6D) (a) Where a certificate is given under paragraph (6C) extending the period specified in paragraph (6)(a) or (6B)(b), the period specified in paragraph (6)(c) or (6B)(c) shall be shortened by a period corresponding to the period specified in the certificate;

(b)no certificate shall be given under paragraph (6C) which would enable a claim to be made more than 12 months after the date of death (in a case falling within paragraph (6)) or the date of a death certificate being issued in respect of the person who has died (in a case falling within paragraph (6B)); and

(c)in the application of sub-paragraph (b) any period between the date when an application for a person to be appointed to make a claim is made and the date when that appointment is made shall be disregarded.]

(7) A claim made in accordance with paragraph (5) [F624or paragraph (6A)] shall be treated, for the purposes of these regulations, as if made by the deceased on the date of his death.

(8) The Secretary of State [F625or the Board] may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

(9) In paragraph (2) “next of kin” means–

(a)in England and Wales, the persons who would take beneficially on an intestacy; and

(b)in Scotland, the persons entitled to the moveable estate of the deceased on intestacy.

Textual Amendments

F589Words in reg. 30(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F590Words in reg. 30(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 22, Sch. Pt. III

F593Words in reg. 30(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F595Words in reg. 30(2)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 13

F596Words in reg. 30(2)(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 22, Sch. Pt. III

F598Words in reg. 30(4) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F601Words in reg. 30(4B)(b) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(14)(a)

F603Word in reg. 30(5) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(14)(b)

F607Words in reg. 30(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F608Words in reg. 30(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F613Words in reg. 30(5C) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(14)(c)

F614Words in reg. 30(5F) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(14)(d)(i)

F616Words in reg. 30(5G) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(14)(e)

F625Words in reg. 30(8) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

[F626Payments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be tracedE+W+S

30A.  Where—

(a)an award of joint-claim jobseeker’s allowance has been awarded to a joint-claim couple;

(b)that couple ceases to be a joint-claim couple; and

(c)the member of the joint-claim couple nominated for the purposes of section 3B of the Jobseekers Act cannot be traced,

arrears on the award of joint-claim jobseeker’s allowance shall be paid to the other member of the former joint-claim couple.]

Textual Amendments

Time and manner of payments of industrial injuries gratuitiesE+W+S

31.—(1) This regulation applies to any gratuity payable under Chapter IV or V of Part II of the Social Security Act 1975.

(2) Subject to the following provisions of this regulation, every gratuity shall be payable in one sum.

(3) A gratuity may be payable by instalments of such amounts and at such times as appear reasonable in the circumstances of the case to the [F385Secretary of State] awarding the gratuity if–

(a)the beneficiary to whom the gratuity has been awarded is, at the date of the award, under the age of 18 years, or

(b)in any other case, the amount of the gratuity so awarded (not being a gratuity payable to the widow of a deceased person on her remarriage) exceeds £52 and the beneficiary requests that payments should be made by instalments.

(4) An appeal shall not be brought against any decision that a gratuity should be payable by instalments or as to the amounts of any such instalments or the time of payment F627....

(5) Subject to the provisions of regulation 37 (suspension), a gratuity shall–

(a)if it is payable by equal weekly instalments, be paid in accordance with the provisions of regulation 22 insofar as they are applicable; or

(b)in any case, be paid by such means as may appear to the Secretary of State to be appropriate in the circumstances.

Textual Amendments

[F628Information to be given and changes to be notified]E+W+S

32.—[F628(1) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner F629... as the Secretary of State may determine [F630and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations] such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act.]

[F628(1A) Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.]

[F628(1B) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect—

(a)the continuance of entitlement to benefit; or

(b)the payment of the benefit,

as soon as reasonably practicable after the change occurs by giving notice [F631of the change to the appropriate office—

(i)in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii)in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)]]

[F632[F633(1C)] In the case of a person who made a claim for benefit in accordance with regulation 4A(1), a change of circumstances may be notified to a relevant authority at any office to which the claim for benefit could be made in accordance with that provision.]

(2) Where any sum is receivable on account of an increase of benefit in respect of an adult dependant, the Secretary of State may require the beneficiary to furnish a declaration signed by such dependant confirming the particulars respecting him, which have been given by the claimant.

[F634(3) In the case of a person who is claiming income support[F635, state pension credit][F636, a jobseeker's allowance or an employment and support allowance] where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information—

(a)the name and address of the pension fund holder;

(b)such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(4) Where the pension fund holder receives from the Secretary of State a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (3) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (5) refers.

(5) The information to which this paragraph refers is—

(a)where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b)in the case of—

(i)a personal pension scheme where income withdrawal is available, the [F637rate of the annuity which may have been purchased with the funds held under the scheme]; or

(ii)a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the [F638rate of the annuity which might have been purchased with the fund] if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.]

[F639(6) This regulation shall apply in the case of state pension credit subject to the following modifications—

(a)[F640in connection with the setting of a new assessed income period], the information and evidence [F640which the Secretary of State may require] to be notified in accordance with this regulation includes information and evidence as to the likelihood of future changes in the claimant’s circumstances needed to determine—

(i)whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and

(ii)if so, the length of the period to be so specified; F641...

[F642(b)except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if—

(i)an assessed income period is current in his case; [F643or]

(ii)[F644the period applicable under regulation 17(4) of the Decisions and Appeals Regulations has not expired;]

F645(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F646[F642(c)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F647(7) In this regulation, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999.]

Textual Amendments

F628Reg. 32(1)(1A)(1B) and heading substituted for reg. 32(1) (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 2 (with reg. 6)

Modifications etc. (not altering text)

[F648Alternative means of notifying changes of circumstancesE+W+S

32ZZA.—(1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 32(1B) to notify a change of circumstances may be discharged by notifying the Secretary of State as soon as reasonably practicable—

(a)where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b)where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(2) In this regulation “relevant authority” has the same meaning as in the Housing Benefit Regulations 2006 F649....]

Textual Amendments

[F650Information given electronicallyE+W+S

32ZA.—(1) Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.

[F651(2) This regulation applies in relation to an award of—

(a)attendance allowance;

[F652(aa)bereavement support payment;]

(b)carer’s allowance;

(c)disability living allowance;

(d)an employment and support allowance;

[F653(da)incapacity benefit;]

(e)income support;

(f)a jobseeker’s allowance.]]

[F654(g)retirement pension;

(h)state pension credit.]

[F655(i)state pension under Part 1 of the Pensions Act 2014.]

[F656(j)industrial injuries benefit;]

(k)[F657a social fund funeral payment]

Textual Amendments

F652Reg. 32ZA(2)(aa) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(10)

F655Reg. 32ZA(2)(i) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(15)

[F658Information given electronicallyE+W+S

32A.—(1) Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.

(2) This regulation applies in relation to child benefit.]

Textual Amendments

[F659Information relating to awards of benefitE+W+S

32B.—(1) Where an authority or person to whom paragraph (2) applies has arranged with the Secretary of State for the authority or person to receive claims for a specified benefit or obtain information or evidence relating to claims for a specified benefit in accordance with regulation 4 or 4D, the authority or person may—

(a)receive information or evidence which relates to an award of that benefit and which is supplied by—

(i)the person to whom the award has been made; or

(ii)other persons in connection with the award,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(b)verify any information or evidence supplied; and

(c)record the information or evidence supplied and hold it (whether as supplied or recorded) for the purpose of forwarding it to the Secretary of State.

(2) This paragraph applies to—

(a)a local authority administering housing benefit F660...;

(b)a county council in England;

(c)a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d)a person authorised to exercise any function of a local authority relating to housing benefit F661...;

(e)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992.

(3) In paragraph (1), “specified benefit” means one or more of the following benefits—

(a)attendance allowance;

F662(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F662(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)carer's allowance;

(e)disability living allowance;

(ee)[F663employment and support allowance;]

(f)incapacity benefit;

(g)income support;

(h)jobseeker's allowance;

(i)retirement pension;

(j)state pension credit;

(k)widowed parent's allowance;

(l)winter fuel payment.]

[F664(m)state pension under Part 1 of the Pensions Act 2014.]

Textual Amendments

F662Reg. 32B(3)(b)(c) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(11)

F664Reg. 32B(3)(m) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(16)

PART IVE+W+STHIRD PARTIES

Persons unable to actE+W+S

33.—(1) Where–

(a)a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and

(b)that person is unable for the time being to act; and either

(c)no [F665deputy] has been appointed by the Court of Protection [F666under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005] with power to claim, or as the case may be, receive benefit on his behalf; or

(d)in Scotland, his estate is not being administered by any [F667a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf],

the Secretary of State [F668or the Board] may, upon written application made to him [F669or them] by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him.

[F670[F671(1A) Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).]]

(2) Where the Secretary of State has made [F672or the Board have made] an appointment[F673, or treated an appointment as made,] under paragraph (1)–

(a)he [F674or they] may at any time revoke it;

(b)the person appointed may resign his office after having given one month's notice in writing to the Secretary of State [F675or the Board] of his intention to do so;

(c)any such appointment shall terminate when the Secretary of State is notified [F676or the Board are notified] that a receiver or other person to whom paragraph (1)(c) or (d) applies has been appointed.

(3) Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, [F677judicial factor or] guardian, if any, or by or to the person appointed under this regulation or regulation 43 [F678(disability living allowance for a child)] and [F679a direct credit transfer under regulation 21 into the account of any person so appointed, or the receipt by him of a payment made by some other means,] shall be a good discharge to the Secretary of State [F680or the Board] for any sum paid.

Textual Amendments

F668Words in reg. 33(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F669Words in reg. 33(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 23, Sch. Pt. IV

F672Words in reg. 33(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 15(a)

F674Words in reg. 33(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 22, Sch. Pt. III

F675Words in reg. 33(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F676Words in reg. 33(2) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 15(b)

F680Words in reg. 33(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

Payment to another person on the beneficiary's behalfE+W+S

34.—[F681(1)]  [F682Except in a case to which paragraph (2) applies,] the Secretary of State [F683or the Board] may direct that benefit shall be paid, wholly or in part, to [F684another natural person] on the beneficiary's behalf if such a direction as to payment appears to the Secretary of State [F683or the Board] to be necessary for protecting the interests of the beneficiary, or any child or dependant in respect of whom benefit is payable.

[F685(2) The Secretary of State may direct that a joint-claim jobseeker’s allowance shall be paid wholly or in part to a natural person who is not the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act if such a direction as to payment appears to the Secretary of State to be necessary for protecting the interests of the other member of that couple or, as the case may be, both members of that couple.]

Textual Amendments

F683Words in reg. 34 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

Deductions of mortgage interest which shall be made from benefit and paid to qualifying lendersE+W+S

F68634A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F686Reg. 34A omitted by S.I. 2017/725, Sch. 5 para. 7(2) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

Deductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other casesE+W+S

F68734B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F687Reg. 34B omitted by S.I. 2017/725, Sch. 5 para. 7(2) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

[F688[F689Deductions which may be made from benefit and paid to third parties]E+W+S

35.—(1) F690[F691... Deductions] may be made from benefit and direct payments may be made to third parties on behalf of a beneficiary in accordance with the provisions of Schedule 9 [F692and Schedule 9B].

(2) Where a social fund payment for maternity or funeral expenses [F693or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather] is made, wholly or in part, in respect of a debt which is, or will be, due to a third person, the [F694payment may be, and in the case of funeral expenses shall be, made to that person and where an instrument of payment is made payable to that person it may be sent to the beneficiary].]

Textual Amendments

F689Reg. 35 heading substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 4

F690Words in reg. 35(1) omitted by S.I. 2017/725, Sch. 5 para. 7(3) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19 - 21)

F691Words in reg. 35(1) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 4

[F695Transitional provisions for persons in hostels or certain residential accommodationE+W+S

F69635A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Payment to a partner as alternative payeeE+W+S

36.—[F697(1)] [F698Except where a wife has elected in accordance with regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election under section 77(9) of the Social Security Contributions and Benefits Act 1992) that guardian’s allowance is not to be paid to her husband,] where one of a married or unmarried couple residing together is entitled to child benefit[F699, [F700[F701working families' tax credit], [F702disabled persons' tax credit] or guardian’s allowance]] the Secretary of State [F703or the Board] may make arrangements whereby that benefit, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person's partner on behalf of the person entitled.

[F704(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations 2000 and—

(a)that person is one [F705member of a] couple or a member of a polygamous marriage;

(b)the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support[F706, an income-based jobseeker's allowance or an income-related employment and support allowance]; and

(c)both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations,

the Secretary of State may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that [F707in the qualifying week the other person has not yet attained the qualifying age].]

Textual Amendments

F701Words in reg. 36 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F702Words in reg. 36 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F703Words in reg. 36 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

Claims for and payment of attendance allowance where section 35(2B) of the Act applies to a childE+W+S

F70836A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART VE+W+SF709... EXTINGUISHMENT

Textual Amendments

F709Words in Pt. 5 heading revoked (for specified purposes and with application in accordance with reg. 4(12), reg. 2(1)(b)(i)-(iii) of the amending S.I.; (5.10.1999) for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/2572); (29.11.1999) for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/3178)) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), reg. 4(9), Sch. 9 para. 5; (S.I. 1999/2572, reg. 16); (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 11(with reg. 3(1)(b), Schs. 21-23)

SuspensionE+W+S

F71037.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F710Regs. 37-37B revoked (for specified purposes and with application in accordance with reg. 4(12), reg. 2(1)(b)(i)-(iii) of the amending S.I.; 5.10.1999 for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/2572); (29.11.1999) for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/3178)) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), reg. 4(9), Sch. 9 para. 5; (S.I. 1999/2572, reg. 17)

Suspension in identical casesE+W+S

F71037A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F710Regs. 37-37B revoked (for specified purposes and with application in accordance with reg. 4(12), reg. 2(1)(b)(i)-(iii) of the amending S.I.; 5.10.1999 for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/2572); (29.11.1999) for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/3178)) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), reg. 4(9), Sch. 9 para. 5; (S.I. 1999/2572, reg. 17)

Withholding payment of arrears of benefitE+W+S

F71037B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F710Regs. 37-37B revoked (for specified purposes and with application in accordance with reg. 4(12), reg. 2(1)(b)(i)-(iii) of the amending S.I.; 5.10.1999 for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/2572); (29.11.1999) for further specified purposes, reg. 1(2) of the amending S.I. (S.I. 1999/3178)) by The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1958), reg. 4(9), Sch. 9 para. 5; (S.I. 1999/2572, reg. 17)

Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed periodE+W+S

38.—(1) [F711Subject to paragraph (2A), the right to payment of any sum by way of benefit shall be extinguished] where payment of that sum is not obtained within the period of 12 months from the date on which the right is to be treated as having arisen; and for the purposes of this regulation the right shall be treated as having arisen–

(a)in relation to any such sum contained in an instrument of payment which has been given or sent to the person to whom it is payable, or to a place approved by the Secretary of State [F712or the Board] for collection by him (whether or not received or collected as the case may be)–

(i)on the date of the said instrument of payment, or

(ii)if a further instrument of payment has been so given or sent as a replacement, on the date of the last such instrument of payment;

F713[F714(aa)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to any such sum to which sub-paragraph (a) does not apply, where notice is given (whether orally or in writing) or is sent that the sum contained in the notice is available for collection on the date of the notice or, if more than one such notice is given or sent, the date of the first such notice;

[F715(bb)in relation to any such sum which [F716the Secretary of State has] arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum;]

(c)in relation to any such sum to which [F717none of (a), F718...[F719 (b) or (bb)] apply], on such date as the Secretary of State determines [F720or the Board determine].

(2) The giving or sending of an instrument of payment under paragraph 1(a), or of a notice under paragraph (1)(b), shall be effective for the purposes of that paragraph, even where the sum contained in that instrument, or notice, is more or less than the sum which the person concerned has the right to receive.

[F721(2A) Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the [F722Secretary of State] is satisfied that–

(a)[F722he] first received [F723or the Board have first received] written notice requesting payment of that sum after the expiration of 12 months; and

(b)from a day within that period of 12 months and continuing until the day the written notice was given, there was good cause for not giving the notice; and

[F724(c)F725... either—

(i)F725... no instrument of payment has been given or sent to the person to whom it is payable and F725... no payment has been made under the provisions of regulation 21 ([F726direct] credit transfer); or

(ii)F725... such instrument has been produced to [F722the Secretary of State] [F727or them] and F725... no further instrument has been issued as a replacement,]

F724(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period of 12 months shall be extended to the date on which the [F722Secretary of State] decides that question, and this regulation shall accordingly apply as though the right to payment had arisen on that date.]

(3) For the purposes of paragraph (1) the date of an instrument of payment is the date of issue of that instrument or, if the instrument specifies a date which is the earliest date on which payment can be obtained on the instrument and which is later than the date of issue, that date.

(4) This regulation shall apply to a person authorised or appointed to act on behalf of a beneficiary as it applies to a beneficiary.

(5) This regulation shall not apply to the right to a single payment of any industrial injuries gratuity or in satisfaction of a person's right to graduated retirement benefit.

Textual Amendments

F712Words in reg. 38(1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 20, Sch. Pt. I

F720Words in reg. 38(1)(c) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 18(a)

F722Words in reg. 38(2A) substituted (for specified purposes and with application in accordance with reg. 3(8) of the amending S.I., 29.11.1999 for further specified purposes and with application in accordance with reg. 3(1) of the amending S.I.) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), reg. 3(1), Sch. 7 para. 6; S.I. 1999/3178, Sch. 6 para. 13(a) (with reg. 3(1)(b), Schs. 21-23

F723Words in reg. 38(2A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 18(b)(i)

F725Words in reg. 38(2A) omitted (for specified purposes and with application in accordance with reg. 3(8) of the amending S.I., 29.11.1999 for further specified purposes and with application in accordance with reg. 3(1) of the amending S.I.) by virtue of The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), reg. 3(1), Sch. 7 para. 6; S.I. 1999/3178, Sch. 6 para. 13(b) (with reg. 3(1)(b), Schs. 21-23

F727Words in reg. 38(2A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 23, Sch. Pt. IV

PART VIE+W+S[F728MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN]

Textual Amendments

Claim and award for period beginning after the date on which the claim is receivedE+W+S

F72939.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim received within 6 months after the end of a period for which allowance awardedE+W+S

F72940.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to complyE+W+S

F72941.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cases where allowance not to be payableE+W+S

42.—(1) Subject to the provisions of this regulation, [F730disability living allowance by virtue of entitlement to the mobility component] shall not be payable to any person who would otherwise be entitled to it in respect of any period–

(a)during which that person has the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of and Schedule 2 to the National Health Service Act 1977 M8 or section 46 of the National Health Service (Scotland) Act 1978 M9 which is a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; or

(b)in respect of which that person has received, or is receiving, any payment–

(i)by way of grant under the said section 5(2) and Schedule 2 or section 46 towards the costs of running a private car, or

(ii)of mobility supplement under the Naval, Military and Air Forces etc, (Disablement and Death) Service Pensions Order 1983 M10 or the Personal Injuries (Civilians) Scheme 1983 M11, or under the said Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 M12, the Pensions (Polish Forces) Scheme 1964 M13, the War Pensions (Mercantile Marine) Scheme 1964 M14 or an Order of Her Majesty in relation to the Home Guard dated 21st December 1964 M15 or 22nd December 1964 M16, or in relation to the Ulster Defence Regiment dated 4th January 1971 M17

or any payment out of public funds which the Secretary of State is satisfied is analogous thereto.

(2) A person who has notified the Secretary of State that he no longer wishes to use such an invalid carriage or other vehicle as is referred to in paragraph (1)(a) and has signed an undertaking that he will not use it while it remains in his possession awaiting collection, shall be treated, for the purposes of this regulation, as not having the use of that invalid carriage or other vehicle.

(3) Where a person in respect of whom [F731disability living allowance] is claimed for any period has received any such payment as referred to in paragraph (1)(b) for a period which, in whole or in part, covers the period for which the allowance is claimed, such payment shall be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of [F732mobility component of disability living allowance to which, apart from paragraph (1), he would be entitled], any allowance to which that person may be entitled for that week shall be payable at a weekly rate reduced by the weekly amount so calculated.

(4) In a case where the Secretary of State has issued a certificate to the effect that he is satisfied–

(a)that the person in question either–

(i)has purchased or taken on hire or hire-purchase or

(ii)intends to purchase or take on hire or hire-purchase a private car or similar vehicle (“the car”) for a consideration which is more than nominal, on or about a date (not being earlier than 13th January 1982) specified in the certificate (“the said date”);

(b)that that person intends to retain possession of the car at least during, and to learn to drive it within, the period of 6 months or greater or lesser length of time as may be specified in the certificate (“the said period”) beginning on the said date; and

(c)that that person will use [F733disability living allowance by virtue of entitlement to the mobility component] in whole or in part during the said period towards meeting the expense of acquiring the car,

paragraph (1)(a) shall not apply, and shall be treated as having never applied, during a period beginning on the said date and ending at the end of the said period or (if earlier) the date on which the Secretary of State cancels the certificate because that person has parted with possession of the car or for any other reason.

Textual Amendments

Marginal Citations

M10S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1986/592.

M11S.I. 1983/686, amended by S.I. 1983/1164, 1540, 1984/1289, 1986/628.

M13S.I. 1964/2007, as extended by S.I. 1967/293, 1972/95, 1981/1876.

M15Cmnd 2563.

M16Cmnd 2564.

M17Cmnd 4567.

ChildrenE+W+S

43.—(1) In any case where a claim for [F734disability living allowance] for a child is received by the Secretary of State, he shall, in accordance with the following provisions of this regulation, appoint a person to exercise, on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with [F734disability living allowance] and to receive and deal on his behalf with any sums payable by way of [F734that allowance].

(2) Subject to the following provisions of this regulation, a person appointed by the Secretary of State under this regulation to act on behalf of the child shall–

(a)be a person with whom the child is living; and

(b)be over the age of 18 [F735or, if the person is a parent of the child and living with him, be over the age of 16]; and

(c)be either the father or mother of the child, or, if the child is not living with either parent, be such other person as the Secretary of State may determine; and

(d)have given such undertaking as may be required by the Secretary of State as to the use, for the child's benefit, of any allowance paid.

(3) For the purpose of paragraph (2)(a), a person with whom a child has been living shall, subject to paragraph (4) and to the power of the Secretary of State to determine in any case that the provisions of this paragraph should not apply, be treated as continuing to live with that child during any period–

(a)during which that person and the child are separated but such separation has not lasted for a continuous period exceeding [F73612 weeks]; or

(b)during which the child is absent by reason only of the fact that he is receiving full-time education at a school; or

(c)during which the child is absent and undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(d)during such other period as the Secretary of State may in any particular case determine:

Provided that where the absence of the child under (b) has lasted for a continuous period of 26 weeks or the child is absent under (c), that person shall only be treated as continuing to live with that child if he satisfies the Secretary of State that he has incurred, or has undertaken to incur, expenditure for the benefit of the child of an amount not less than the allowance payable in respect of such period of absence.

(4) Where a child, in respect of whom an allowance is payable, is, by virtue of any provision of an Act of Parliament–

(a)committed to, or received into the care of, a local authority; or

(b)subject to a supervision requirement and residing in a residential establishment under arrangements made by a local authority in Scotland;

any appointment made under the foregoing provisions of this regulation shall terminate forthwith:

Provided that, when a child is committed to, or received into, care or is made subject to a supervision requirement for a period which is, and when it began was, not intended to last for more than [F73712 weeks] the appointment shall not terminate by virtue of this paragraph until such period has lasted for [F73712 weeks] .

(5) In any case where an appointment on behalf of any child in the care of, or subject to a supervision requirement under arrangements made by, a local authority is terminated in accordance with paragraph (4), the Secretary of State may, upon application made to him by that local authority or by an officer of such authority nominated for the purpose by that authority, appoint the local authority or nominated officer thereof or appoint such other person as he may, after consultation with the local authority, determine, to exercise on behalf of the child any right to which that child may be entitled under the Act in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of [F738disability living allowance] for any period during which he is in the care of, or, as the case may be, subject to a supervision requirement under arrangements made by, that authority.

(6) Where a child is undergoing medical or other treatment as an in-patient in a hospital or similar institution and there is no other person to whom [F739disability living allowance] may be payable by virtue of an appointment under this regulation, the Secretary of State may, upon application made to him by the [F740health authority][F741, National Health Service Trust][F742, NHS foundation trust] or, as the case may be, social services authority, controlling the hospital or similar institution in which the child is an in-patient, or by an officer of that authority [F743or Trust] nominated for the purpose by the authority [F744or Trust], appoint that authority [F745or Trust] or the nominated officer thereof or such other person as the Secretary of State may, after consultation with that authority [F746or Trust], determine, to exercise on behalf of the child any right to which that child may be entitled in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of [F739disability living allowance] for any period during which he is an in-patient in a hospital or similar institution under the control of that authority [F747or Trust].

(7) For the purposes of this regulation–

[F748“child” means a person under the age of 16;]

“child's father” and “child's mother” include a person who is a child's father or mother by adoption or would be such a relative if an illegitimate child had been born legitimate;

F749...

[F750“health authority” means—

(a)

F751...

(b)

in relation to Wales, a Health Authority established under section 8 of that Act; and

(c)

in relation to Scotland, a Health Board within the meaning of the National Health Service (Scotland) Act 1978;]

“hospital or similar institution” means any premises for the reception of and treatment of person suffering from any illness, including any mental disorder, or of persons suffering from physical disability, and any premises used for providing treatment during convalescence or for medical rehabilitation;

“local authority” means, in relation to England and Wales, a local authority as defined in the Local Government Act 1972 M18 and, in relation to Scotland, a local authority as defined in the Local Government (Scotland) Act 1973 M19;

“social services authority” means–

(a)

in relation to England and Wales, the social services committee established by a local authority under section 2 of the Local Authority Social Services Act 1970 M20; and

(b)

in relation to Scotland, the social work committee established by a local authority under section 2 of the Social Work (Scotland) Act 1968 M21.

Textual Amendments

Marginal Citations

Payment of [F752disability living allowance] on behalf of a beneficiaryE+W+S

44.—(1) Where, under arrangements made or negotiated by Motability, an agreement has been entered into by or on behalf of a beneficiary in respect of whom [F753disability living allowance is payable by virtue of entitlement to the mobility component at the higher rate] for the hire or hire-purchase of a vehicle, the Secretary of State may arrange that any [F753disability living allowance by virtue of entitlement to the mobility component at the higher rate payable] to the beneficiary shall be paid in whole or in part on behalf of the beneficiary in settlement of liability for payments due under that agreement.

(2) Subject to regulations 45 and 46 an arrangement made by the Secretary of State under paragraph (1) shall terminate at the end of whichever is the relevant period specified in paragraph (3), in the case of hire, or paragraph (4), in the case of a hire-purchase agreement.

(3) In the case of hire the relevant period shall be:–

(a)where the vehicle is returned to the owner at or before the expiration of the F754... term of hire, the period of the F754... term; or

(b)where the vehicle is retained by or on behalf of the beneficiary with the owner's consent after the expiration of the F754... term of hire[F755, other than where sub-paragraph (d) applies,] the period of the F754... term; or

(c)where the vehicle is retained by or on behalf of the beneficiary otherwise than with the owner's consent after the expiration of the F754... term of hire or its earlier termination, whichever is the longer of the following periods

(i)the period ending with the return of the vehicle to the owner; or

(ii)the period of the F754... term of hire[F756; or]

[F756(d)where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.]

(4) In the case of a hire-purchase agreement, the relevant period shall be:–

(a)the period ending with the purchase of the vehicle; or

(b)where the vehicle is returned to the owner or is repossessed by the owner under the terms of the agreement before the completion of the purchase, the original period of the agreement.

[F757(5)  In this regulation “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 M22 and subsequently incorporated by Royal Charter.]

Textual Amendments

Marginal Citations

[F758Recovery of expensesE+W+S

44A.—(1) Paragraph (2) applies where—

(a)an agreement referred to in regulation 44(1) has been entered into; and

(b)a relevant provider is receiving payments of disability living allowance in settlement of liability for payments due under that agreement.

(2) The Secretary of State may require the relevant provider to make payments to meet the reasonable expenses of the Secretary of State in administering the making of the payments of disability living allowance to the relevant provider.

(3) The method by which the expenses under paragraph (2) are to be met is for the Secretary of State to issue an invoice to the relevant provider setting out the expenses that have been incurred and for the relevant provider to pay the sum stated to the Secretary of State.

(4) The first invoice issued by the Secretary of State may recover expenses incurred between 21st July 2016 and the date of the invoice.

(5) Subsequently the Secretary of State may issue invoices no more frequently than annually and only in respect of expenses incurred since the period covered by the previous invoice.

(6) The expenses that the Secretary of State may take into account for the purposes of paragraph (2) include—

(a)the salaries and other costs relating to the employment of staff wholly engaged in the administering of the payments of disability living allowance and where staff have other responsibilities, an apportioned amount of those costs; and

(b)overheads, including rent and other shared costs, relating to those staff.

(7) In determining what expenses were reasonably incurred in administering the making of payments of disability living allowance to a relevant provider, the Secretary of State must have regard to any agreement between the Secretary of State and the relevant provider concerning the level of service to be provided by the Secretary of State in the making of such payments to that relevant provider.]

Textual Amendments

Power for the Secretary of State to terminate an arrangementE+W+S

45.  The Secretary of State may terminate an arrangement for the payment of [F759disability living allowance by virtue of entitlement to the mobility component at the higher rate] on behalf of a beneficiary under regulation 44 on such date as he shall decide–

(a)if requested to do so by the owner of the vehicle to which the arrangement relates, or

(b)where it appears to him that the arrangement is causing undue hardship to the beneficiary and that it should be terminated before the end of any of the periods specified in regulation 44(3) or 44(4).

Textual Amendments

Restriction on duration of arrangements by the Secretary of StateE+W+S

46.  The Secretary of State shall end an arrangement for the payment of [F760disability living allowance by virtue of entitlement to the mobility component at the higher rate] on behalf of a beneficiary made under regulation 44, where he is satisfied that the vehicle to which the arrangement relates has been returned to the owner, and that the expenses of the owner arising out of the hire or hire-purchase agreement have been recovered following the return of the vehicle.

Textual Amendments

PART VIIE+W+SMISCELLANEOUS

[F761Instruments of payment]E+W+S

[F76147.—(1) Instruments of payment issued by the Secretary of State shall remain his property.]

[F761(2) Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.]

Textual Amendments

RevocationsE+W+S

48.  The regulations specified in column (1) of Schedule 10 to these regulations are hereby revoked to the extent mentioned in column (2) of that Schedule, in exercise of the powers specified in column (3).

Signed by authority of the Secretary of State for Social Services.

Nicholas Scott

Minister of State,

Department of Health and Social Security

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