PART 4 E+W+SDISQUALIFICATIONS, PROCEDURE, ETC.

ProcedureE+W+S

7.—(1) Where before 31st December 2005 the Secretary of State thinks that a person is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment before that date (without a claim being required).

(2) Where a person becomes entitled to a payment under any of regulations 2 to 5 by virtue of a decision made after the relevant week that section 115 of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to him, the Secretary of State, if he is satisfied that the person is entitled to the payment, shall make the payment (without a claim being required).

(3) A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment.

(4) A claim under paragraph (3) must—

(a)be in writing to the Secretary of State;

(b)be received by the Secretary of State before 31st March 2006; and

(c)specify—

(i)the claimant's name, address, date of birth and national insurance number (if he has one); and

(ii)the date on which the claim is sent to the Secretary of State; and

(d)include a declaration that the claimant was ordinarily resident in Great Britain on at least one day in the relevant week.

(5) If the Secretary of State is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment.

(6) The provisions of Chapter II of Part I of the Social Security Act 1998 M1 (revision, appeal &c.) shall apply to a decision of the Secretary of State about a person's entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Secretary of State under section 8 of that Act.

Marginal Citations