The Social Security (Claims and Payments) Regulations 1987

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART II CLAIMS

    1. 3.Claims not required for entitlement to benefit in certain cases

    2. 3A.Notification that claim not required for entitlement to a Category A or B retirement pension

    3. 4.Making a claim for benefit

    4. 4A.Further provisions as to claims

    5. 4B.Forwarding claims and information

    6. 4ZC.Electronic claims for benefit

    7. 4C.Electronic claims for benefit

    8. 4D. Making a claim for state pension credit

    9. 4E. Making a claim before attaining the qualifying age

    10. 4F.Making a claim after attaining the qualifying age: date of claim

    11. 4G.Making a claim for employment and support allowance by telephone

    12. 4H.Making a claim for employment and support allowance in writing

    13. 4I.Claims for employment and support allowance: supplemental

    14. 5.Amendment and withdrawal of claim

    15. 6.Date of claim

    16. 6A. Claims by persons subject to work-focused interviews

    17. 7.Evidence and information

    18. 8.Attendance in person

    19. 9.Interchange with claims for other benefits

    20. 10.Claim for incapacity benefit, severe disablement allowance or employment and support allowance where no entitlement to statutory sick pay or statutory maternity pay

    21. 11.Special provisions where it is certified that a woman is expected to be confined or where she has been confined

    22. 12.Self-certified claims for first 7 days of a spell of incapacity for work

    23. 13.Advance claims and awards

    24. 13A.Advance award of disability living allowance

    25. 13B.Advance claim for and award of disability working allowance

    26. 13C.Further claim for and award of disability living allowance or attendance allowance

    27. 13D. Advance claims for and awards of state pension credit

    28. 14.Advance claim for and award of maternity allowance

    29. 15.Advance notice of retirement and claim for and award of pension

    30. 15A. Cold weather payments

    31. 15B.Advance claim for pension following deferment

    32. 16.Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate

    33. 16A. Date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate

    34. 17.Duration of awards

    35. 18.Duration of disallowance

    36. 19.Time for claiming benefit

  4. PART III PAYMENTS

    1. 20.Time of payment: general provision

    2. 20A. Payment on presentation of an instrument for benefit payment

    3. 21.Direct credit transfer

    4. 21A.Delayed payment of lump sum

    5. 22.Long term benefits

    6. 22A.Bereavement allowance, Widowed mother’s allowance, widowed parent’s allowance and widow’s pension

    7. 22B.Payment of bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate

    8. 22C.Retirement pension

    9. 22CA.State pension under Part 1 of the Pensions Act 2014

    10. 22D.Payment of retirement pension at a daily rate

    11. 22DA.Payment of state pension under Part 1 of the Pensions Act 2014 at a daily rate

    12. 23.Child benefit and guardian’s allowance

    13. 24.... Incapacity benefit, maternity allowance and severe disablement allowance

    14. 25.Payment of attendance allowance and constant attendance allowance at a daily rate

    15. 26.Income support

    16. 26A.Jobseeker’s allowance

    17. 26B. State pension credit

    18. 26BA.Intervals for payment of state pension credit

    19. 26C.Employment and support allowance

    20. 27.Working families' tax credit and disabled persons' tax credit

    21. 28.Fractional amounts of benefit

    22. 29.Payment to a person under age 18

    23. 30.Payments on death

    24. 30A. Payments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be traced

    25. 31.Time and manner of payments of industrial injuries gratuities

    26. 32.Information to be given and changes to be notified

    27. 32ZZA.Alternative means of notifying changes of circumstances

    28. 32ZA.Information given electronically

    29. 32A.Information given electronically

    30. 32B.Information relating to awards of benefit

  5. PART IV THIRD PARTIES

    1. 33.Persons unable to act

    2. 34.Payment to another person on the beneficiary's behalf

    3. 34A.Deductions of mortgage interest which shall be made from benefit and paid to qualifying lenders

    4. 34B.Deductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other cases

    5. 35.Deductions which may be made from benefit and paid to third parties

    6. 35A. Transitional provisions for persons in hostels or certain residential accommodation

    7. 36.Payment to a partner as alternative payee

  6. PART V ... EXTINGUISHMENT

    1. 37.Suspension

    2. 37A.Suspension in identical cases

    3. 37B.Withholding payment of arrears of benefit

    4. 38.Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period

  7. PART VI MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN

    1. 39.Claim and award for period beginning after the date on which the claim is received

    2. 40.Claim received within 6 months after the end of a period for which allowance awarded

    3. 41.Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to comply

    4. 42.Cases where allowance not to be payable

    5. 43.Children

    6. 44.Payment of disability living allowance on behalf of a beneficiary

    7. 44A.Recovery of expenses

    8. 45.Power for the Secretary of State to terminate an arrangement

    9. 46.Restriction on duration of arrangements by the Secretary of State

  8. PART VII MISCELLANEOUS

    1. 47.Instruments of payment

    2. 48.Revocations

  9. Signature

    1. SCHEDULE 1

      1. PART I benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

      2. PART II interchange of claims for child benefit with claims for other benefits

    2. SCHEDULE 2

      SPECIAL PROVISIONS RELATING TO CLAIMS FOR JOBSEEKER'S ALLOWANCE DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

      1. 1.(1) In this Schedule:– (a) “public holiday” means, as the...

    3. SCHEDULE 3

      DURATION OF DISALLOWANCE

    4. SCHEDULE 4

      PRESCRIBED TIMES FOR CLAIMING BENEFIT

    5. SCHEDULE 5

      MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

      1. 1.Unemployment benefit

      2. 2.Sickness benefit etc claimed by hospital in-patient

    6. SCHEDULE 6

      DAYS FOR PAYMENT OF LONG TERM BENEFITS

      1. 1.Attendance allowance and disability living allowance

      2. 2.Guardian's allowance

      3. 3.Industrial injuries benefit

      4. 4. Carer’s allowance

      5. 5.Retirement pension

      6. 5A.Shared additional pension

      7. 6.Widowed mother's allowance and widow's pension

      8. 7.Mobility allowance

    7. SCHEDULE 7

      TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

      1. 1.Manner of payment

      2. 2.Time of payment

      3. 2ZA.Paragraph 2(c) shall only apply where a widow’s benefit or...

      4. 2A.(1) For the purposes of this paragraph–

      5. 3.(1) Subject to sub–paragraph (1A) and to any direction given...

      6. 3A.(1) Income support for any part-week shall be paid in...

      7. 4.In this Schedule – “benefit week” means, if the beneficiary...

      8. 5.Payment of small amounts of income support

      9. 6.Commencement of entitlement to income support

      10. 7.Date from which superseding decision on ground of change of circumstances takes effect

    8. SCHEDULE 8

      ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

      1. 1.A person to whom benefit is payable for an uninterrupted...

      2. 2.Subject to paragraph 5, a person entitled to benefit may...

      3. 3.An election for benefit to be payable weekly under paragraphs...

      4. 4.An election may not be made under paragraph 1(b) unless...

      5. 5.Every person making an election for benefit to be paid...

      6. 6.Where a person makes an election, in accordance with this...

      7. 7.A person who has made an election that benefit be...

    9. SCHEDULE 9

      DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

      1. 1.Interpretation

      2. 2.General

      3. 3.Housing costs

      4. 4.Miscellaneous accommodation costs

      5. 4A.Hostel payments

      6. 5.Service charges for fuel, and rent not falling within paragraph 2(1)(a)

      7. 6.Fuel costs

      8. 7.Water charges

      9. 7A.Payments in place of payments of child support maintenance

      10. 7B.Arrears of child support maintenance

      11. 7C.Eligible loans

      12. 7D.Integration loans

      13. 7E.Tax credits overpayment debts and self-assessment debts

      14. 8.Maximum amount of payments to third parties

      15. 9.Priority as between certain debts

    10. SCHEDULE 9A

      DEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS

      1. 1.Interpretation

      2. 2.Specified circumstances for the purposes of regulation 34A

      3. 2A.Specified circumstances for the purposes of regulation 34B

      4. 3.Specified part of relevant benefit

      5. 4.Direct payment: more than one loan

      6. 4A.Application of payment where it exceeds borrower’s actual mortgage interest

      7. 5.Relevant benefits

      8. 6.Time and manner of payments

      9. 7.Fees payable by qualifying lenders

      10. 8.Qualifying lenders

      11. 9.Election not to be regarded as a qualifying lender

      12. 10.Provision of information

      13. 11.Recovery of sums wrongly paid

    11. SCHEDULE 9B

      DEDUCTIONS FROM BENEFIT IN RESPECT OF CHILD SUPPORT MAINTENANCE AND PAYMENT TO PERSONS WITH CARE

      1. 1.Interpretation

      2. 2.Deductions

      3. 3.Arrears

      4. 4.Apportionment

      5. 5.Flat rate maintenance

      6. 6.Flat rate maintenance (polygamous marriage)

      7. 7.Notice

      8. 8.General

    12. SCHEDULE 9ZC

      ELECTRONIC COMMUNICATION

      1. PART 1 INTRODUCTION

        1. 1.Interpretation

      2. PART 2 ELECTRONIC COMMUNICATION – GENERAL PROVISIONS

        1. 2.Conditions for the use of electronic communication

        2. 3.Use of intermediaries

      3. PART 3 ELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS

        1. 4.Effect of delivering information by means of electronic communication

        2. 5.Proof of identify of sender or recipient of information

        3. 6.Proof of delivery of information

        4. 7.Proof of content of information

    13. SCHEDULE 9C

      ELECTRONIC COMMUNICATION

      1. PART 1 INTRODUCTION

        1. 1.Interpretation

      2. PART 2 ELECTRONIC COMMUNICATION—GENERAL PROVISIONS

        1. 2.Conditions for the use of electronic communication

        2. 3.Use of intermediaries

      3. PART 3 ELECTRONIC COMMUNICATION—EVIDENTIAL PROVISIONS

        1. 4.Effect of delivering information by means of electronic communication

        2. 5.Proof of identity of sender or recipient of information

        3. 6.Proof of delivery of information

        4. 7.Proof of content of information

    14. SCHEDULE 10

      REVOCATIONS

  11. Explanatory Note