PART IICLAIMS

Date of claim6.

(1)

Subject to paragraph (2) the date on which a claim is made shall be–

(a)

in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office;

(b)

in the case of a claim which does not meet the requirements of regulation 4(1) but which is treated, under regulation 4(7) as having been duly made, the date on which the claim was received in an appropriate office in the first instance.

(2)

In the case of a claim for family credit–

(a)

subject to the following sub-paragraphs, where, under paragraph (1), the date on which a claim is made is a day other than the first day of the benefit week for family credit (being a period of 7 days beginning with midnight between Monday and Tuesday) that claim shall be treated as made on the first day of the next following benefit week;

(b)

a claim made in accordance with paragraph 7(a) of Schedule 4 for a period following the expiration of an existing award shall be treated as made on the day after such expiration; and

(c)

where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made; and

(d)

where the claim is made on or after the date when an up-rating order is made under section 63(2) of the Social Security Act 1986, but before the date when that order comes into force, and–

(i)

an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force; and

(ii)

the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,

the claim shall be treated as made on the date the order comes into force.