The Social Security (Claims and Payments) Regulations 1987

1987 No. 1968

Regulation 19(1)

SCHEDULE 4 E+W+S PRESCRIBED TIMES FOR CLAIMING BENEFIT

For the purposes of this Schedule– “actual date of confinement” means the date of the [F1 birth] of the child or, if the woman is confined of twins or a greater number of children, the date of the [F1 birth] of the last of them; and “confinement” means labour resulting in the [F2 birth] of a living child, or labour after [F3 24] weeks of pregnancy resulting in the [F2 birth] of a child whether alive or dead.
Description of benefit	Prescribed time for claiming benefit
(1)	(2)
[F4 1.   Jobseeker’s allowance.]	[F4 1.   The first day of the period in respect of which the claim is made.]
[F5 2.   Incapacity benefit or severe disablement allowance.]	[F5 2.   The day in respect of which the claim is made and the period of [F6 3 months] immediately following it. ]
3.  Disablement benefit (not being an increase of benefit).	3.  As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
4.  Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.	4.  As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
5.  Reduced earnings allowance.	5.  As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one per cent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.
6.  Income support.	6.  The first day of the period in respect of which the claim is made.
7.   [F7 Working families' tax credit].	7.—(a) Where [F7 working families' tax credit] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award; (aa) [F8 Where [F9 disabled persons' tax credit] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance;] (b) subject to [F10 (a) and (aa)] , the first day of the period in respect of which the claim is made. [F11 (c) where a claim for [F7 working families' tax credit] is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.]
8.  Social fund payment in respect of maternity expenses.	8.  The period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after– [F12 (a) In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after the actual date of confinement. (b) [F13 In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date on which the claimant becomes responsible for the child and ending 3 months after that date.] (c) In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 3 months after that date. (d) In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 3 months after that date. (e) In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 3 months after that date. (f) In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption— (i) takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or (ii) is recognised under section 66(1)(e), of the Adoption and Children Act 2002, and ending 3 months after that date.]
9.  Social fund payment in respect of funeral expenses.	[F14 9.   The period beginning with the date of the death and ending 3 months after the date of the funeral]
9A.  F15 ...	9A.  F15 ...
10.  Increase of disablement benefit under [F16 section 60 of the Social Security Act 1975 on grounds of special hardship or] section 62 of the Social Security Act 1975 M1 on the grounds of receipt of hospital treatment.	10.  As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.
[F17 11.   [F18 Disabled persons' tax credit] .	11.— (a) Where [F18 disabled persons' tax credit] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award; (b) where [F19 working families' tax credit] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of [F19 working families' tax credit]; (d) where a claim for [F18 disabled persons' tax credit] is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.]
12.  F20 ...	12.  F20 ...
[F21 13.   Retirement pension of any category.]	13.   [F21 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.]
[F21 14.   Graduated retirement benefit.]	14.   [F21 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.]
[F22 15.   Shared additional pension]	15.   [F22 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.]
16.   [F23 Employment and support allowance]	16.   [F24 The day in respect of which the claim is made and the period of three months immediately following it.]

Textual Amendments

F1 Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(3)

F2 Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(4)(b)

F3 Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(4)(a)

F4 Sch. 4 para. 1 substituted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(22)

F5 Sch. 4 para. 2 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 12

F6 Words in Sch. 4 para. 2 substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 7

F7 Words in Sch. 4 para. 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

F8 Sch. 4 para. 7(aa) inserted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(a)

F9 Words in Sch. 4 para. 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

F10 Words in Sch. 4 para. 7 substituted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(a)

F11 Words in Sch. 4 para. 7 inserted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1(1), 10

F12 Sch. 4 para. 8 entry substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(2)

F13 Words in Sch. 4 para. 8 substituted (24.1.2011) by The Social Fund Maternity Grant Amendment Regulations 2011 (S.I. 2011/100), regs. 1(1), 4

F14 Words in Sch. 4 para. 9 substituted (7.10.1996) by The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996 (S.I. 1996/2306), regs. 1(1), 6

F15 Sch. 4 para. 9A omitted (1.11.1991) by virtue of The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 11

F16 Words in Sch. 4 para. 10 inserted (11.4.1988) by The Social Security (Claims and Payments) Amendment Regulations 1988 (S.I. 1988/522), regs. 1(1), 9

F17 Sch. 4 para. 11 inserted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(b)

F18 Words in Sch. 4 para. 11 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

F19 Words in Sch. 4 para. 11 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

F20 Sch. 4 para. 12 omitted (6.10.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008 (S.I. 2008/2424), regs. 1, 2(3)

F21 Sch. 4 paras. 13-14 added (6.4.2006) by The Social Security (Claims and Payments) Amendment Regulations 2005 (S.I. 2005/455), regs. 1(1)(c), 5 (with reg. 6)

F22 Sch. 4 para. 15 inserted (6.4.2006) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(b), 3(2) (with reg. 10)

F23 Words in Sch. 4 added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 25(a)

F24 Words in Sch. 4 inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 25(b)

Marginal Citations

M1 1975 c. 14. Section 62 was repealed from 6th April 1987 by paragraph 7 of Schedule 3 to the Social Security Act 1986 (c. 50) but its effect is preserved in relation to certain existing cases as mentioned in that paragraph.