PART IICLAIMS

Advance claims and awards13

1

Where, although a person does not satisfy the requirements for entitlement to benefit on the date on which a claim is made, the F3Secretary 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 F3the 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

F4A 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

F9F2... Paragraphs (1) and (2) do not apply to any claim for maternity allowance, attendance allowance, mobility allowance, retirement pension or increase, F16state pension under Part 1 of the Pensions Act 2014,F8a shared additional pension,F11..., F10... F7state pension credit or any claim within regulation 11(1)(a) or (b).

F12F14

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F125

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F12F66

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F12F57

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F128

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F139

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); F14...

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); F15and

F15c

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).