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The Social Security (Claims and Payments) Regulations 1987, Section 13 is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 [F1Secretary 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 [F1the 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) [F2A 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) F3[F4... Paragraphs (1) and (2) do not] apply to any claim for maternity allowance, attendance allowance, mobility allowance, retirement pension or increase, [F5state pension under Part 1 of the Pensions Act 2014,] [F6a shared additional pension,] F7..., F8... [F9state pension credit] or any claim within regulation 11(1)(a) or (b).
F10[F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F10[F12(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F10[F13(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F14(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); F15...
(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)]; [F16and]
[F16(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
F1Words 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)
F2Words 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)
F3Words in reg. 13(3) omitted (23.5.2007) by virtue of The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(2)(a)(i)
F4Words in reg. 13(3) substituted (3.10.1994) by The Social Security (Claims and Payments) Amendment Regulations 1994 (S.I. 1994/2319), regs. 1(1), 3(2)
F5Words in reg. 13(3) inserted (4.1.2016) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(a), 9(6)
F6Words in reg. 13(3) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 2(5) (with reg. 10)
F7Words in reg. 13(3) omitted (23.5.2007) by virtue of The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(2)(a)(iii)
F8Words in reg. 13(3) omitted (23.5.2007) by virtue of The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(2)(a)(ii)
F9Words in reg. 13(3) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 6(1)
F10Reg. 13(4)-(8) omitted (23.5.2007) by virtue of The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(2)(b)
F11Reg. 13(4)(5) added (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 7(2)
F12Reg. 13(6) added (3.10.1994) by The Social Security (Claims and Payments) Amendment Regulations 1994 (S.I. 1994/2319), regs. 1(1), 3(3)
F13Reg. 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)
F14Reg. 13(9) added (23.5.2007) by The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1331), regs. 1, 2(c)
F15Word in reg. 13(9)(a) omitted (27.7.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 18(a)
F16Reg. 13(9)(c) and word added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 18(b)
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