The Social Security (Claims and Payments) Regulations 1987

Status:

Point in time view as at 08/06/2023. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Social Security (Claims and Payments) Regulations 1987, Section 19.

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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(ff). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)widow’s benefit;

(ga)[F6subject to paragraph (3B), widowed parent’s allowance;]

[F6(gb)subject to paragraph (3BA), bereavement support payment;]

(h)F7... any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.

(i)[F8state pension credit.]

F9(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(3B) The time prescribed for claiming a [F11widowed parent’s allowance] in respect of the day on which the claimant’s spouse [F12or 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.]

[F13(3BA) The prescribed time for claiming bereavement support payment in respect of—

(a)the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment); and

(b)the date on which the claimant’s spouse or civil partner died,

is 12 months beginning with that date of death.]

[F14(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, [F15working families' tax credit] or [F16disabled 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 [F17one 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 [F18Department for Work and Pensions] [F19or in a case to which regulation 4A applies, a representative of a relevant authority] [F20or 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, [F21working families' tax credit] or [F22disabled persons' tax credit], [F23where 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 [F24or, 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 [F25or his partner, as the case may be,] before the date that his entitlement expired;

(e)[F26in 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 [F27paragraphs (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 [F21working families' tax credit] or [F22disabled 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; F28...

(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 [F29sister; or].

[F30(h)[F31in 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 [F32paragraphs (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;]]

[F31(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 [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;]

[F34(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.]

[F35(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.]

[F36(7A) Where—

(a)a claim for a social fund payment in respect of maternity expenses (a “relevant social fund payment”) is made by a person to whom paragraph (7B) or (7C) applies; and

(b)both of the conditions in paragraph (7D) are met,

sub-paragraphs (a) to (f) of the entry in column (2) of Schedule 4 relating to the relevant social fund payment each have effect as if at the end there were added “or, if later, 8th December 2023”.

(7B) This paragraph applies to a person who—

(a)is granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (“the 1971 Act”) where such leave is granted by virtue of—

(i)Appendix Afghan Relocations and Assistance Policy of those rules; or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(b)does not come within sub-paragraph (a) and who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.

(7C) This paragraph applies to a person who was residing in Ukraine immediately before 1st January 2022, who left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and who—

(a)has a right of abode in the United Kingdom within the meaning given in section 2 of the 1971 Act;

(b)has been granted leave in accordance with immigration rules made under section 3(2) of the 1971 Act;

(c)has been granted, or is deemed to have been granted, leave outside those rules; or

(d)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the 1971 Act.

(7D) The conditions for the purposes of paragraph (7A)(b) are that—

(a)at the date of the claim for a relevant social fund payment, there is an existing member of the family (within the meaning given in regulation 5A of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005); and

(b)that existing member of the family is under the age of 16 on that date.]

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))

F2Reg. 19(3)(c) omitted (6.4.2006) by virtue of The Social Security (Claims and Payments) Amendment Regulations 2005 (S.I. 2005/455), regs. 1(1)(c), 3 (with reg. 6)

F3Words in reg. 19 added (1.4.2003) by The Social Security Amendment (Carers Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 para. 3(a)

F4Reg. 19(3)(f) omitted (6.4.2006) by virtue of The Social Security (Claims and Payments) Amendment Regulations 2005 (S.I. 2005/455), regs. 1(1)(c), 3 (with reg. 6)

F5Reg. 19(3)(ff) omitted (6.10.2004) by virtue of The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2004 (S.I. 2004/1821), regs. 1, 2(a)

F6Reg. 19(3)(ga)-(gb) substituted for reg. 19(3)(ga) (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(7)(a)

F7Words in reg. 19(3)(h) omitted (11.4.2005) by virtue of The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 (S.I. 2005/777), regs. 1(1), 2(a)(ii)

F8Reg. 19(3)(i) added (6.10.2008) by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008 (S.I. 2008/2424), regs. 1, 2(2)

F9Reg. 19(3A) omitted (coming into force in accordance with art. 1-3 of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(7)(b)