The Social Security (Claims and Payments) Regulations 1987

Changes over time for: Section 32

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Claims and Payments) Regulations 1987, Section 32.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F1Information to be given and changes to be notified]E+W+S

32.—[F1(1) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner F2... as the Secretary of State may determine [F3and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations] such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act.]

[F1(1A) Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.]

[F1(1B) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect—

(a)the continuance of entitlement to benefit; or

(b)the payment of the benefit,

as soon as reasonably practicable after the change occurs by giving notice [F4of the change to the appropriate office—

(i)in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii)in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)]]

[F5[F6(1C)] In the case of a person who made a claim for benefit in accordance with regulation 4A(1), a change of circumstances may be notified to a relevant authority at any office to which the claim for benefit could be made in accordance with that provision.]

(2) Where any sum is receivable on account of an increase of benefit in respect of an adult dependant, the Secretary of State may require the beneficiary to furnish a declaration signed by such dependant confirming the particulars respecting him, which have been given by the claimant.

[F7(3) In the case of a person who is claiming income support[F8, state pension credit][F9, a jobseeker's allowance or an employment and support allowance] where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information—

(a)the name and address of the pension fund holder;

(b)such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(4) Where the pension fund holder receives from the Secretary of State a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (3) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (5) refers.

(5) The information to which this paragraph refers is—

(a)where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b)in the case of—

(i)a personal pension scheme where income withdrawal is available, the [F10rate of the annuity which may have been purchased with the funds held under the scheme]; or

(ii)a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the [F11rate of the annuity which might have been purchased with the fund] if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.]

[F12(6) This regulation shall apply in the case of state pension credit subject to the following modifications—

(a)[F13in connection with the setting of a new assessed income period], the information and evidence [F13which the Secretary of State may require] to be notified in accordance with this regulation includes information and evidence as to the likelihood of future changes in the claimant’s circumstances needed to determine—

(i)whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and

(ii)if so, the length of the period to be so specified; F14...

[F15(b)except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if—

(i)an assessed income period is current in his case; [F16or]

(ii)[F17the period applicable under regulation 17(4) of the Decisions and Appeals Regulations has not expired;]

F18(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F19[F15(c)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F20(7) In this regulation, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999.]

Textual Amendments

F1Reg. 32(1)(1A)(1B) and heading substituted for reg. 32(1) (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 2 (with reg. 6)

F2Words in reg. 32(1) omitted (17.4.2012) by virtue of The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(2)(a)

F3Words in reg. 32(1) inserted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(2)(b)

F4Words in reg. 32(1B) substituted (6.1.2004) by The Social Security (Notification of Change of Circumstances) Regulations 2003 (S.I. 2003/3209), regs. 1, 2

F5Reg. 32(1C) inserted (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), reg. 1, Sch. 3 para. 2(8)

F6Reg. 32(1C): reg. 32(1A) renumbered as reg. 32(1C) (21.7.2003) by The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1632), regs. 1(1), 2(6)

F7Reg. 32(3)-(5) added (2.10.1995) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 10(4)

F8Words in reg. 32(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), 11(a)

F9Words in reg. 32(3) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 22

F10Words in reg. 32(5)(b)(i) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(4)(a)

F11Words in reg. 32(5)(b)(ii) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(4)(b)