The Social Security (Claims and Payments) Regulations 1987

Regulation 19(1)

SCHEDULE 4E+W+SPRESCRIBED TIMES FOR CLAIMING BENEFIT

For the purposes of this Schedule–

“actual date of confinement” means the date of the [F1birth] of the child or, if the woman is confined of twins or a greater number of children, the date of the [F1birth] of the last of them; and

“confinement” means labour resulting in the [F2birth] of a living child, or labour after [F324] weeks of pregnancy resulting in the [F2birth] of a child whether alive or dead.

Description of benefitPrescribed time for claiming benefit
(1)(2)

[F41.  Jobseeker’s allowance.]

[F41.  The first day of the period in respect of which the claim is made.]

[F52.  Incapacity benefit or severe disablement allowance.]

[F52.  The day in respect of which the claim is made and the period of [F63 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.  [F7Working families' tax credit].

7.—(a) Where [F7working 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)[F8Where [F9disabled 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 [F7working 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)[F13In 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.

[F149.  The period beginning with the date of the death and ending [F156 months] after the date of the funeral]

9A.  F16...

9A.  F16...

10.  Increase of disablement benefit under [F17section 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.

[F1811.  [F19Disabled persons' tax credit] .

11.—(a) Where [F19disabled 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 [F20working 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 [F20working families' tax credit];

(d)where a claim for [F19disabled 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.  F21...

12.  F21...

[F2213.  Retirement pension of any category [F23or state pension under Part 1 of the Pensions Act 2014].]

13.  [F22As 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.]

[F2214.  Graduated retirement benefit.]

14.  [F22As 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.]

[F2415.   Shared additional pension]

15.  [F24As 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.  [F25Employment and support allowance]

16.  [F26The day in respect of which the claim is made and the period of three months immediately following it.]

Textual Amendments

F7Words 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

F9Words 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

F19Words 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

F20Words 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

F23Words 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

M11975 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.