The Social Security (Claims and Payments) Regulations 1987

Regulation 9(1)

SCHEDULE 1

PART I benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

Benefit Claimed	Alternative benefit
(1)	(2)
In this Part of this Schedule– (a) references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant; (b) “widow’s benefit” means widow’s benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow’s pension or a widowed mother’s allowance.
Sickness benefit	Invalidity benefit or severe disablement allowance.
Invalidity benefit	Sickness benefit or severe disablement allowance.
Unemployment benefit	Sickness benefit, invalidity benefit unemployability supplement, severe disablement allowance or invalid care allowance.
Severe disablement allowance	Sickness benefit or invalidity benefit.
An increase of unemployment benefit	An increase of sickness benefit, invalidity benefit, severe disablement allowance or of invalid care allowance.
Sickness benefit for a woman	Maternity allowance.
Invalidity benefit for a woman	Maternity allowance.
Severe disablement allowance for a woman	Maternity allowance.
Maternity allowance	Sickness benefit, invalidity benefit or severe disablement allowance.
A retirement pension of any category	Widow’s benefit.
A retirement pension of any category	A retirement pension of any other category.
An increase of sickness benefit or invalidity pension	An increase of severe disablement allowance.
Attendance allowance	An increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is needed	Attendance allowance.
An increase of severe disablement allowance	An increase of sickness benefit or invalidity benefit.
Income support	Supplementary benefit, attendance allowance or an invalid care allowance.

Regulation 9(2) and (3)

PART II interchange of claims for child benefit with claims for other benefits

• Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(1)

• Guardian’s allowance

• Maternity allowance claimed after confinement

• Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

Regulation 17(5)

SCHEDULE 2 SPECIAL PROVISIONS RELATING TO CLAIMS FOR UNEMPLOYMENT BENEFIT DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

1.—(1) In this Schedule:–

(a) “public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971(2) or in Scotland local holidays; and “Christmas and New Year holidays” and “Good Friday and Easter Monday” shall be construed accordingly and shall in each case be treated as one period;

(b) “office closure” means a period during which an unemployment benefit office or associated office is closed in connection with a public holiday;

(c) in computing any period of time Sundays shall not be disregarded.

(2) Where any claim for unemployment benefit is made during one of the periods set out in paragraph (3), the following provisions shall apply–

(a) a claim for unemployment benefit may be treated by an adjudication officer as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);

(b) on any claim so treated, benefit may be awarded as if the provisions of paragraph (4) of regulation 17 applied.

(3) For the purposes of paragraph (2) the periods are–

(a) in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

(b) in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;

(c) in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

Regulation 18(1)

SCHEDULE 3 DURATION OF DISALLOWANCE

Column (1)	Column (2)
Sickness benefit or unemployment benefit.	The contribution condition in paragraph 1(2) of Schedule 3 to the Social Security Act 1975 is not satisfied; or although that condition is satisfied, the contribution condition in paragraph 1(3) of that Schedule is not satisfied.
Invalidity benefit.	The claimant has not been entitled to sickness benefit for 168 days in the relevant period of interruption of employment.
Severe disablement allowance.	The claimant has not– (a) been incapable of work for 196 consecutive days; or (b) satisfied the requirements of regulation 3 of the Social Security (Severe Disablement Allowance) Regulations 1984(3) (residence and presence conditions).

Regulation 19(1)

SCHEDULE 4 PRESCRIBED TIMES FOR CLAIMING BENEFIT

Description of benefit	Prescribed time for claiming benefit
(1)	(2)
For the purposes of this Schedule– “actual date of confinement” means the date of the issue of the child or, if the woman is confined of twins or a greater number of children, the date of the issue of the last of them; and “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead.
1.  Unemployment benefit.	The day in respect of which the claim is made.
2.  Sickness benefit, invalidity benefit or severe disablement allowance– (a) Where the claim is an original claim, that is to say, where the claimant has at no time made a claim for sickness benefit or severe disablement allowance under the Act or a claim which has been treated as a claim for sickness benefit or severe disablement allowance.	(a) The day in respect of which the claim is made and the period of 1 month immediately following it.
(b) Where the claim is not an original claim but is the first claim made by the claimant after he has become or again becomes incapable of work.	(b) he day in respect of which the claim is made and the period of 6 days immediately following it.
(c) Where the claim is a continuation claim, that is to say a claim to which neither sub-paragraph (a) nor sub-paragraph (b) of this paragraph applies.	(c) The day in respect of which the claim is made and the period of 10 days immediately following it.
3.  Disablement benefit (not being an increase of benefit).	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.	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.	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.	The first day of the period in respect of which the claim is made.
7.  Family credit.	(a) Where family credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award; (b) subject to (a), the first day of the period in respect of which the claim is made.
8.  Social fund payment in respect of maternity expenses.	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 or, in the case of an adopted baby, the date of the adoption order.
9.  Social fund payment in respect of funeral expenses.	3 months from the date of the funeral.
10.  Increase of disablement benefit under section 62 of the Social Security Act 1975(4) on the grounds of receipt of hospital treatment.	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.

Regulation 19

SCHEDULE 5 MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

Unemployment benefit

1.  A person who claims unemployment benefit in respect of any day shall not be disentitled to that benefit by reason of his failure to make a claim for it on that day if–

(a) that claim is made on a day specified for the purpose of his claiming unemployment benefit in a notice previously given to him by the Secretary of State; and either

(b) that claim is made on the first or only day so specified in that notice; or

(c) he has claimed unemployment benefit on every day so specified in that notice which falls before the day on which that claim is made.

Sickness benefit etc claimed by hospital in-patient

2.—(1) Where it is being determined whether the provisions of regulation 19(2) (good cause) have been satisfied by a person who is, or has been, an in-patient in a hospital and who makes a claim for sickness or invalidity benefit or severe disablement allowance, any such provision shall, in relation only to that claim, be deemed to have been satisfied by him in respect of that one of the following periods which is appropriate in so far as it is relevant for the purpose of any provision:–

(a) where the person concerned has been discharged from the hospital, the period commencing on the date of his admission thereto as an in-patient and ending 13 weeks thereafter or 3 weeks after the date of his discharge, whichever period is the shorter; or

(b) where the person concerned has not been so discharged, the period of 13 weeks from the date of his admission to the hospital as an in-patient;

and where the person concerned claims an increase of that benefit or allowance in respect of a child or adult dependant within the period of 1 month from the date of the claim to that benefit or allowance, any such provision shall be deemed to be satisfied for the whole of the period in respect of which the claim to that benefit or allowance is made.

(2) For the purposes of paragraph 2(1) above–

(a) in ascertaining the date of admission to hospital of the person concerned, where that person has previously been an in-patient in one or more hospitals for one or more periods any such period shall be taken into account; so however that the interval, or (if there was more than one previous period as an in-patient) each interval, between the end of such period and the beginning of the appropriate period specified in paragraph 2(1) above does not exceed 3 weeks;

(b) “hospital” means any institution for the reception and treatment of persons suffering from illness and any maternity home (and, for this purpose, “illness” includes mental disorder and any injury or disability requiring medical treatment or nursing); and

(c) “in-patient” means a person who is admitted as an in-patient to a hospital for the purposes of receiving treatment (not being treatment during convalescence) by or under the direction of a registered medical practitioner.

Regulation 22(3)

SCHEDULE 6 DAYS FOR PAYMENT OF LONG TERM BENEFITS

Attendance allowance

1.  Subject to the provisions of regulation 25 (payment of attendance allowance and constant attendance allowance at a daily rate) attendance allowance shall be payable on Mondays, except that the Secretary of State may in any particular case arrange for the allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

Guardian’s allowance

2.  Guardian’s allowance shall be payable on Tuesdays or, if the Secretary of State so arranges in respect of any particular case, on Mondays.

Industrial injuries benefit

3.  Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.

Invalid care allowance

4.  Invalid care allowance shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976(5) the invalid care allowance shall be payable on Wednesdays.

Retirement pension

5.  Retirement pension shall be payable on Mondays, except that–

(a) where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;

(b) where a woman was entitled to a widow’s benefit immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays;

(c) where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

(d) the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may in any particular case determine;

(e) where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

Widowed mother’s allowance and widow’s pension

6.  Widowed mother’s allowance and widow’s pension shall be payable on Tuesdays.

Mobility allowance

7.  Mobility allowance shall be payable on Wednesdays.

Regulation 26

SCHEDULE 7 MANNER AND TIME OF PAYMENT, EFFECTIVE DATE OF CHANGE OF CIRCUMSTANCES AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

Manner of payment

1.  Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award by means of an instrument of payment.

Time of payment

2.  Income support shall be paid in advance where the claimant is–

(a) in receipt of retirement pension; or

(b) over pensionable age and not in receipt of unemployment benefit, sickness or invalidity benefit or severe disablement allowance and is not a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies unless he was in receipt of income support immediately before the trade dispute began; or

(c) in receipt of widow’s benefit and is not registering or required to register as available for work or providing or required to provide medical evidence of incapacity for work; or

(d) a person to whom section 23(8) of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

3.  Income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit and otherwise at such intervals and on such day as the Secretary of State may direct.

4.  In paragraph 3–

• “benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

• “relevant social security benefit” means unemployment benefit, sickness benefit, invalidity benefit, severe disablement allowance, retirement pension or widow’s benefit.

Payment of small amounts of income support

5.  Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income support

6.—(1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

(2) Subject to sub-paragraphs (3) and (4), in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

(3) If on the date for commencement of entitlement to income support determined under sub-paragraph (1) or, as the case may be, sub-paragraph (2) all the conditions for such entitlement are not satisfied entitlement shall commence on the first later date when those conditions are satisfied.

(4) 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.

(5) If a claim is made by a claimant within 3 days of the date on which he became resident at a hostel as defined in regulation 20(2) of the Income Support (General) Regulations 1987(6) of a type mentioned in head (b)(iii) of that definition (hostel managed by voluntary body to provide care, support or supervision for rehabilitation or resettlement of persons within the community) then, except to the extent that it relates to amounts other than the charges for accommodation in the hostel, it shall be treated as having been made on the day he became so resident.

(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

Date when change of circumstances is to take effect

7.—(1) Subject to sub-paragraph (2), where the amount of income support payable under an award is changed because of a change of circumstances that change shall have effect–

(a) where income support is paid in arrears, from the first day of the benefit week in which the change occurs or, if entitlement ends for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986, from the date of the change of circumstances; or

(b) where income support is paid in advance, from the date of the change of circumstances if that is the first day of the benefit week and otherwise from the next following such day.

(2) Where the change of circumstances requires a reduction in the amount of income support then, if the Secretary of State certifies that it is impracticable to give effect to that reduction from the date specified in sub-paragraph (1), the change shall have effect from the first day of the following benefit week.

Regulation 23(1)(a)

SCHEDULE 8 ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1.  A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either–

(a) he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

(b) he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2.  Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:

(a) he satisfies the conditions specified in regulation 2(2)(a), (b) and (c) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(7) (conditions for increase of child benefit for person living alone), or

(b) he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support or family credit.

3.  An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.

4.  An election may not be made under paragraph 1(b) unless the person’s absence abroad on the 15th March 1982 was by reason of his being–

(a) a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979(8), or

(b) the spouse of such a member, or

(c) a person living with such a member as husband and wife.

5.  Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.

6.  Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable–

(a) in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

(b) in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7.  A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.

Regulation 35

SCHEDULE 9 DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

Interpretation

1.  In this Schedule–

• “family” in the case of a claimant who is not a member of a family means that claimant;

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(9);

• “housing costs” means those costs specified in paragraph 1(a), (b), (c) (but in the case of ground rent or feu duty only when paid with service charges), (d), (e) and (f) of Schedule 3 to the Income Support Regulations;

• “income support” means income support under Part II of the Social Security Act 1986;

• “the Income Support Regulations” means the Income Support (General) Regulations 1987(10);

• “miscellaneous accommodation costs” has the meaning assigned by paragraph 4(1);

• “mortgage payment” means a payment attributable to interest on a mortgage which falls to be met under paragraph 7 of Schedule 3 to the Income Support Regulations (interest on loans to acquire an interest in the home); and for the purposes of this Schedule includes interest payable on loans which falls to be met under paragraph 8 of that Schedule (interest on loans for repairs and improvements to the home);

• “specified benefit” means income support either alone or together with any unemployment, sickness or invalidity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment;

• “personal allowance for a single claimant aged not less than 25 years” means the amount specified in paragraph 1(1)(c) of column 2 of Schedule 2 to the Income Support Regulations;

• “prisoner” means a person detained in custody pending trial or sentence;

• “rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–

  (a)

  includes any water charges which are paid with or as part of the rent;

  (b)

  where in a particular case a claimant’s rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements; and

  (c)

  references to “rent” include references to part only of the rent; and

• “water charges” means charges or rates in respect of water and, except in Scotland, of sewerage and allied environmental services.

General

2.—(1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of–

(a) housing costs;

(b) miscellaneous accommodation costs;

(c) service charges for fuel, and rent not falling within head (a) above;

(d) fuel costs; and

(e) water charges.

(2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary’s award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.

(3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.

Housing costs

3.—(1) Subject to sub-paragraph (4) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount, the adjudicating authority may, if in its opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2) Subject to sub-paragraph (3), the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a) in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 (that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b) for each such debt–

(i) in respect of mortgage payments, the weekly amount of the mortgage payment in that case; and

(ii) for any other housing item, the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the adjudicating authority may direct that, when the debt is discharged, the amount determined under sub-paragraph (b) shall be the amount deductible.

(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

(4) Sub-paragraph (1) shall not apply to any debt which is either–

(a) in respect of mortgage payments and the beneficiary or his partner has in the preceding 12 weeks paid sums equal to 8 week’s mortgage payments due in that period;

or

(b) for any other item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item,

unless, in either case, in the opinion of the adjudicating authority it is in the overriding interests of the family that paragraph (1) should apply.

Miscellaneous accommodation costs

4.—(1) Where an award of income support includes an amount under Schedule 4 (persons in residential care and nursing homes) or Schedule 5 (persons in board and lodging accommodation or hostels) or paragraph 13 (residential accommodation) or 14 (Polish resettlement) or 15 (resettlement units) of Schedule 7 to the Income Support Regulations “miscellaneous accommodation costs” the adjudicating authority may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable, but, except in a case to which paragraph 14 or 15 of Schedule 7 to the Income Support Regulations apply or where the accommodation is a hostel run by a voluntary organisation and which is akin to a resettlement unit or which provides facilities for alcoholics or drug addicts, only if the adjudicating authority is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.

(2) In relation to miscellaneous accommodation costs the amount of any payment of income support to a third party determined under the above paragraphs shall be–

(a) the amount of the award under paragraph 1(1)(a) of Schedule 4 to the Income Support Regulations excluding any increase under paragraph 2(2) of that Schedule; or

(b) the amount of the award under paragraph 1(1)(a) of Schedule 5 to those Regulations excluding any increase under paragraph 2 of that Schedule; or

(c) the amount of the award under paragraph 13(a), 14 or, as the case may be, 15 of Schedule 7 to those Regulations excluding the amount allowed by those paragraphs in respect of personal expenses,

as the case may be.

Service charges for fuel, and rent not falling within paragraph 2(1)(a)

5.—(1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

(a) he has been awarded the specified benefit; and

(b) he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance; and

(c) he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

(i) there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

(ii) there are arrears of rent in respect of less than 8 weeks and in the opinion of the adjudicating authority it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

(2) For the purposes of sub-paragraph (1) arrears of rent do not include–

(a) the 20 per cent. of eligible rates excluded from a rent allowance under regulation 61 of the Housing Benefit Regulations (maximum housing benefit); or

(b) any amount which falls to be deducted when assessing a person’s rent rebate or rent allowance under regulation 63 of those Regulations (non-dependants).

(3) Subject to sub-paragraph (4), the adjudicating authority shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner’s landlord if–

(a) he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under regulation 10(3) of the Housing Benefit Regulations in respect of either or both of water charges or service charges for fuel; and

(b) the amount of the beneficiary’s award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

(4) Sub-paragraph (3) shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the adjudicating authority is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.

(5) Where the aggregate amount calculated in accordance with sub-paragraphs 5(3) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17 (applicable amounts) or heads (a) to (f) of regulation 18(1) (polygamous marriages) of the Income Support Regulations a determination under this paragraph shall be made only with the consent of the beneficiary.

(6) In a case to which sub-paragraph (1) applies the adjudicating authority may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 (that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) shall be paid to his landlord until the debt is discharged.

Fuel costs

6.—(1) Subject to sub-paragraph (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of mains gas or mains electricity (“fuel item”) to an amount not less than the rate of personal allowance for a single claimant aged not less than 25 and continues to require that fuel, the adjudicating authority, if in its opinion it would be in the interests of the family to do so, may determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following paragraphs shall be paid to the person or body to whom payment is due in accordance with paragraph 2(3).

(2) The amount deductible shall, in respect of any fuel item, be such weekly aggregate of the following as is appropriate:–

(a) subject to sub-paragraph (3), in respect of the debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 10 per cent. of the personal allowance for a single claimant aged not less than 25 (that 10 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) and increased, where appropriate, in accordance with sub-paragraph (5) for such period as is necessary to discharge the original debt, so however that the amount, or, where an original debt remains outstanding in respect of more than one fuel item, the aggregate of the amounts, calculated under this sub-paragraph shall not exceed three times 5 per cent. of the personal allowance for a single claimant aged not less than 25;

(b) except where current consumption is paid for by other means (for example pre-payment meter), an amount equal to the estimated average weekly cost necessary to meet the continuing needs for that fuel item, varied, when appropriate, in accordance with sub-paragraph (4)(a).

(3) Where–

(a) an original debt remains outstanding in respect of more than one fuel item; or

(b) in any other case the aggregate amount calculated under sub-paragraph (2) exceeds the award of the specified benefit,

sub-paragraph (2)(a) shall apply as if for the figure “10 per cent.” there were substituted the figure “5 per cent.”.

(4) Where an amount is being paid direct to a person or body on behalf of the beneficiary or his partner in accordance with a determination under sub-paragraph (1) and that determination falls to be reviewed–

(a) where since the date of that determination the average weekly cost estimated for the purpose of sub-paragraph (2)(b) has either exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of the continuing needs for that fuel item the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the adjudicating authority may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks, be adjusted so as to take account of that credit or further debt;

(b) where an original debt in respect of any fuel item has been discharged the adjudicating authority may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

(5) Where the beneficiary or his partner has any disregarded income under regulation 36(2) (calculation of net earnings of employed earners), 38(2) (calculation of net profit of self employed earners) or 40(2) (calculation of income other than earnings) of the Income Support Regulations, the weekly amount, or, where an original debt remains outstanding in respect of more than one fuel debt, the aggregate of the weekly amounts deductible under sub-paragraph (2)(a) may be increased by not more than half the amount of the income disregarded.

(6) Subject to paragraph 8 where, before any application of sub-paragraph (5), the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17 or heads (a) to (f) of regulation 18(1) of the Income Support Regulations, a determination under this paragraph shall be made only with the consent of the beneficiary.

(7) Sub-paragraph (1) shall not apply to any debt where the aggregate amount calculated under sub-paragraph (2) exceeds the award of specified benefit.

Water charges

7.—(1) Subject to sub-paragraph (2) and paragraph 8, where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges to an amount not less than half the annual charge the adjudicating authority may determine that a weekly amount of the specified benefit shall be paid to the water undertaker to whom that debt is owed (or to the person or body authorised to collect water charges for that undertaker).

(2) This paragraph does not apply in a case where water charges are paid with rent.

(3) The weekly amount to be paid in accordance with sub-paragraph (1) shall be the aggregate of–

(a) in respect of the debt an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years (that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple); and

(b) an amount equal to the weekly cost necessary to meet the continuing need for water charges.

(4) In this paragraph “water undertaker” has the same meaning as “statutory water undertaker” has in section 11(6) of the Water Act 1973(11) or, in Scotland, the meaning that “water authority” has in section 3 of the Water (Scotland) Act 1980(12).

Maximum amount of payments to third parties

8.—(1) The maximum aggregate amount payable under sub-paragraphs 3(2)(a), 5(6), 6(2)(a) and 7(3)(a) shall not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.

(2) The maximum amount payable under sub-paragraphs 5(5) and 6(6) shall not without the consent of the beneficiary, exceed a sum equal to 25 per cent. of so much of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17 or heads (a) to (f) of regulation 18(1) of the Income Support Regulations.

Priority as between certain debts

9.—(1) Where in any one week more than one of the paragraphs 3 to 7 are applicable to the beneficiary and the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is there made the following order of priorities shall apply–

(a) any liability mentioned in paragraph 3 (housing costs);

(b) any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(a));

(c) any liability mentioned in paragraph 6 (fuel costs);

(d) any liability mentioned in paragraph 7 (water charges);

(2) As between liability for items of housing costs liabilities in respect of mortgage payments shall have priority over all other items.

(3) As between liabilities for items of gas or electricity the adjudicating authority shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.

(4) Where water charges are due to 2 or more water undertakers the adjudicating authority shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.

Regulation 48

SCHEDULE 10 REVOCATIONS

Column (1)	Column (2)	Column (3)
The Mobility Allowance Regulations 1975 (S.I. 1975/1573).	Regulations 5 to 9, 21 and 22.	Social Security Act 1975, sections 37A(13), 81, 114, 119(3) and (4) and 165A(14).
The Mobility Allowance (Motability Payment Arrangements) Regulations 1978 (S.I. 1978/1131).	The whole of the Regulations.	Social Security Act 1975, section 81.
The Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628).	The whole of the Regulations except Parts I (General), IV (including Schedule 4) (Special Provisions Relating to Industrial Injuries Benefit only) and regulation 31 (breach of regulations).	Social Security Act 1975, sections 79 to 81(15), and 165A.
The Family Income Supplements (Claims and Payments) Regulations 1980 (S.I. 1980/1438).	The whole of the Regulations.	Family Income Supplements Act 1970, sections 5(2) and 10(2).
The Supplementary Benefit (Claims and Payments) Regulations 1981 (S.I. 1981/1525).	The whole of the Regulations.	Supplementary Benefits Act 1976, sections 11 and 14(1)(a), (b), (c), (e), (g), (h), (i) and (k) and (2) and Schedule 1, paragraph 4.
The Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408).	Regulations 8, 9(1) to (4) and (7) to (9) and 41.	Social Security Act 1975 section 81(6) and section 119(3) and (4).
The Social Security (Adjudication) Regulations 1984 (S.I. 1984/451).	Regulation 76.	Social Security Act 1975 section 119(3) and (4); Child Benefit Act 1975(16) sections 7 and 22.
The Child Benefit (Claims and Payments) Regulations 1984 (S.I. 1984/1960).	The whole of the Regulations, except regulations 1(1), (2) and (4) and 12.	Child Benefit Act 1975, sections 6(1) and (3) to (5), 11(2) and 22(1)(b).
The Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986 (S.I. 1986/2172).	The whole of the Regulations.	Social Security Act 1975, section 114 and Social Security Act 1986, sections 51(1)(a) to (s), 54 and 84(1).

(1)

S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1986/1172.

(2)

1971 c. 80.

(3)

S.I. 1984/1303.

(4)

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.

(5)

S.I. 1976/409, to which there are amendments not relevant to these Regulations.

(6)

S.I. 1987/1967.

(7)

S.I. 1976/1267; relevant amending instruments are S.I. 1980/110 and 1986/1172.

(8)

S.I. 1979/591, to which there are amendments not relevant to these Regulations.

(9)

S.I. 1987/1971.

(10)

S.I. 1987/1967.

(11)

1973 c. 37.

(12)

1980 c. 45.

(13)

Section 37A was inserted by the Social Security Pensions Act 1975 (c. 60), section 22(1).

(14)

Section 165A was inserted by the Social Security Act 1985 (c. 53), section 17 and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 87.

(15)

Sections 79 to 81 have been amended by the Child Benefit Act 1975 (c. 61), Schedule, Part I, the Supplementary Benefits Act 1976 (c. 71), Schedule 7, paragraph 37, the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 17(2), the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 4, paragraph 14 and Schedule 5 and the Health and Social Security Act 1984 (c. 48) Schedule 4, paragraph 3.

(16)

1975 c. 61.