Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (“the 1987 Regulations”) in respect of the time for claiming benefit and deductions from benefit for payment to other persons.

Regulation 2 prescribes an extended time for claiming a bereavement benefit where death is difficult to establish and omits a related provision in the 1987 Regulations which is obsolete.

Regulation 3 amends provisions in Schedule 9 of the 1987 Regulations (deductions from benefits and direct payment to third parties):

  • paragraphs (2)(a) and (b), (4) and (5) update references to other legislation which has been amended;

  • paragraph (2)(c) amends the definition of “specified benefit” to provide for deductions from payments of non means-tested benefits which are combined with payments of a means-tested benefit when the latter benefit alone is insufficient for the purposes of the Schedule;

  • paragraph (3) increases the amount allowed for personal expenses for a person in accommodation for which benefit is paid to his accommodation provider.

Regulation 4 makes amendments to the definition of “relevant benefit” in Schedule 9A of the 1987 Regulations (deductions of mortgage interest from benefit and payment to qualifying lenders) which are similar to the amendments made by regulation 3(2)(c).

A full regulatory impact assessment has not been produced for this instrument as it has no significant impact on the costs of business.