SCHEDULE 4PRESCRIBED TIMES FOR CLAIMING BENEFIT

Regulation 19(1)

Annotations:
Amendments (Textual)
F12

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

F13

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

F24

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. 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

F11

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

F25

Words in Sch. 4 para. 13 inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(18)

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 Section 62 was repealed from 6th April 1987 by paragraph 7 of Schedule 3 to the Social Security Act 1986 (c. 50) but its effect is preserved in relation to certain existing cases as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

Description of benefit

Prescribed time for claiming benefit

(1)

(2)

F81

Jobseeker’s allowance.

F81

The first day of the period in respect of which the claim is made.

F72

Incapacity benefit or severe disablement allowance.

F72

The day in respect of which the claim is made and the period of F103 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

F12Working families' tax credit.

7

a

Where F12working 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

F4Where F13disabled 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 F5(a) and (aa) , the first day of the period in respect of which the claim is made.

F2c

where a claim for F12working 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–

F20a

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

F24In 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.

F99

The period beginning with the date of the death and ending F266 months after the date of the funeral

9A

F3...

9A

F3...

10

Increase of disablement benefit under F1section 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.

F611

F14Disabled persons' tax credit .

11

a

Where F14disabled 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 F11working 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 F11working families' tax credit;

d

where a claim for F14disabled 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

F19...

12

F19...

F1613

Retirement pension of any category F25or state pension under Part 1 of the Pensions Act 2014.

13

F16As 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.

F1614

Graduated retirement benefit.

14

F16As 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.

F1515

Shared additional pension

15

F15As 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

F17Employment and support allowance

16

F18The day in respect of which the claim is made and the period of three months immediately following it.

For the purposes of this Schedule–

  • actual date of confinement” means the date of the F21birth of the child or, if the woman is confined of twins or a greater number of children, the date of the F21birth of the last of them; and

  • confinement” means labour resulting in the F23birth of a living child, or labour after F2224 weeks of pregnancy resulting in the F23birth of a child whether alive or dead.