The Social Security (Claims and Payments) Regulations 1987

Duration of awards

17.—(1) Subject to the provisions of this regulation and of section 20(6) of the Social Security Act 1986 (family 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.

(2) In the case of a first claim for unemployment benefit in any spell of unemployment none shall be awarded for any period after the date of that claim, but in the case of any subsequent claim made in the same spell of unemployment the adjudicating authority may treat the claim as having been made, and may award benefit, for a period after the date of claim of–

(a) up to 7 days; and

(b) whether or not an award has already been made on that claim, where the Secretary of State has certified that either–

(i) there are, will be or are likely to be circumstances making impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of unemployment benefit; or

(ii) he is of the opinion that, as regards any case or class of cases in which the claimant’s employment as an employed earner has not been terminated, the awarding and payment of unemployment benefit can be adequately controlled without the application of the usual provisions of these regulations–

up to 26 weeks or the period for which the Secretary of State’s certificate is in force (whichever is the shorter), and in this paragraph–

(i) “spell of unemployment” means any period of one or more days on which a person is unemployed and any two or more such periods, not separated by a period of more than 3 consecutive days which in relation to that person are not days of unemployment, shall be treated as one spell of unemployment; and

(ii) in computing any period of time Sundays shall not be disregarded; and

(c) where a claim has been treated as having been made and an award has been made under sub-paragraph (b) for less than the maximum period permitted by that sub-paragraph the claim may be treated as having been made for further periods and further awards may be made up to that maximum.

(3) If, in any case outside paragraph (2), 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 entitlement; and where those requirements are not satisfied the award shall be reviewed.

(5) The provisions of Schedule 2 shall have effect in relation to claims for unemployment benefit made during periods connected with public holidays.