Amendment of the Social Security (Claims and Payments) Regulations 19872

1

The Social Security (Claims and Payments) Regulations 19873 are amended as follows.

2

In regulation 4D(11)4 (making a claim for state pension credit) after “month” insert “, or such longer period as the Secretary of State considers reasonable,”.

3

In regulation 65 (date of claim)—

a

in sub-paragraph (19)(b) before “re-awarded” insert “awarded or”;

b

for paragraph (20) substitute—

20

The circumstances referred to in paragraph (19) are—

a

that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal or termination of an award for a fixed period in such a way as to affect the original award; or

b

at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided.

c

in paragraph (21) for sub-paragraph (b) substitute—

b

the further claim is made within three months of the date on which the qualifying benefit is awarded following a claim, whether initially, on revision or on appeal, or re-awarded following revision, supersession, appeal or further claim when an award for a fixed period expires, whether benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.

4

In regulation 19(7)6 (time for claiming benefit) after sub-paragraph (i) add—

j

the claimant was unable to make telephone contact with the appropriate office where he would be expected to notify his intention of making a claim because the telephone lines to that office were busy or inoperative.

5

In Schedule 9 (deductions from benefit and direct payment to third parties)—

a

in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a))—

i

in sub-paragraph (5) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

ii

omit sub-paragraph (5A);

b

in paragraph 6 (fuel costs)—

i

in sub-paragraph (6) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

ii

omit sub-paragraph (6A);

c

in paragraph 7 (water charges)—

i

in sub-paragraph (8) omit from “a sum equal to” to the end and substitute “a sum calculated in accordance with paragraph 8(4);”; and

ii

omit sub-paragraph (9);

d

in paragraph 87 (maximum amount of payment to third parties)—

i

in sub-paragraph (2) omit “a sum equal to” to the end and substitute “a sum calculated in accordance with sub-paragraph (4);”;

ii

omit sub-paragraph (2A); and

iii

after sub-paragraph (3) add—

4

The sum referred to in sub-paragraph (2) is—

a

where the claimant or partner does not receive child tax credit, 25 per cent of—

i

in the case of income support, the applicable amount for the family as is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

ii

in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; or

iii

in the case of state pension credit, the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations 20028 which may be applicable in the particular case; or

b

where the claimant or his partner receives child tax credit, 25 per cent of the sum of—

i

the amount mentioned in sub-paragraphs (a)(i) to (iii), which applies to the claimant;

ii

the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 20029; and

iii

the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act10.