The Social Security (Claims and Payments) Regulations 1987

Time for claiming benefitE+W+S

[F119.—(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;

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)invalid care allowance [F3or carer’s allowance, as the case may be,] ;

(e)maternity allowance;

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5[F6(ff)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)widow’s benefit;

[F7(ga)[F8subject to paragraphs (3A) and (3B), bereavement benefit;]]

(h)F9... any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.

(i)[F10state pension credit.]

[F11(3A) The prescribed time for claiming a bereavement payment [F12within the meaning of section 36 of the Contributions and Benefits Act] is 12 months beginning with the day on which, apart from satisfying the condition of making a claim, the claimant is entitled to such a payment.]

[F13(3B) The time prescribed for claiming a bereavement benefit in respect of the day on which the claimant’s spouse [F14or 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.]

[F15(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, [F16working families' tax credit] or [F17disabled 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 [F18one 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 [F19Department for Work and Pensions] [F20or in a case to which regulation 4A applies, a representative of a relevant authority] [F21or 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, [F22working families' tax credit] or [F23disabled persons' tax credit], [F24where 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 [F25or, 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 [F26or his partner, as the case may be,] before the date that his entitlement expired;

(e)[F27in 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 [F28paragraphs (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 [F22working families' tax credit] or [F23disabled 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; F29...

(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 [F30sister; or].

[F31(h)[F32in 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 [F33paragraphs (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;]]

[F32(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 [F34paragraphs (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;]

[F35(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.]

[F36(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.]

F37(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1Reg. 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))

F16Words 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

F17Words 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

F21Words 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)

F22Words 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

F23Words 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

F27Reg. 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)

F32Reg. 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)