The Income Support (Transitional) Regulations 1987

Deeming of claims for income support by former beneficiaries

4.—(1) Notwithstanding the provisions of section 165A of the Social Security Act(1),, but subject to regulation 3(2) (persons affected by a trade dispute), in the case of a former beneficiary or a former housing benefit supplement recipient it shall not be a condition of entitlement to income support for a period commencing in the week beginning 11th April 1988 that he makes a claim for such benefit and the provisions of the Act and Regulations made thereunder shall apply, subject to the following provisions of this Part, as if a claim for that benefit had been duly made by the former beneficiary or the former housing benefit supplement recipient in respect of a period commencing on the first day of his second benefit week.

(2) Where by virtue of paragraph (1) a person’s entitlement to income support falls to be determined as if a claim for it had been duly made, the claimant’s entitlement in respect of a period commencing in the week beginning 11th April 1988 may nevertheless be determined at an earlier date if the claimant is entitled to supplementary benefit at the date of the determination; and any such claim shall be determined in accordance with the Act and Regulations made under that Act as if those provisions were in force.

(3) A decision which is given awarding income support on a determination made under this regulation–

(a) may award the benefit from the first day of his second benefit week if it appears probable that the conditions for entitlement to income support will be satisfied;

(b) shall be subject to the conditions for entitlement being so satisfied on the date from which the benefit is awarded;

(c) may be reviewed if any question arises as to the satisfaction of those conditions.

(1)

Section 165A applied by the Act, Schedule 10, paragraph 48.