Explanatory Note
(This note is not part of the Regulations)
These Regulations apply only to the following benefits—
universal credit,
personal independence payment, and
a jobseeker's allowance and an employment and support allowance as provided for by Part 1 of Schedule 14 to the Welfare Reform Act 2012.
These Regulations contain provisions about the making of claims for and the payment of those benefits and the circumstances in which payments may be made directly to a third party.
Part 1 of the Regulations contains general provisions including definitions. Part 1, with Schedule 2 and Schedule 3, also contains provisions about the use of electronic communications and sets out the regulations which are consequentially amended by these Regulations. Regulation 5 removes from children and qualifying young persons the requirement to supply a National Insurance number when a claim to universal credit is made.
Part 2, with Schedule 4, contains provisions about claims for the benefits to which these Regulations apply. In particular the cases in which claims are not required or are treated as made, the method of making a claim and the time limits for doing so, the date on which a claim is made, interchange with other claims, advance claims for and awards of benefit, defective claims, the amendment and withdrawal of claims and the duration of awards.
Part 3 contains provisions about the information required in connection with a claim for, or an award of, a benefit. It also includes provisions which relate to the manner in which a change of circumstances affecting universal credit, personal independence payment, an employment and support allowance or a jobseeker's allowance must be notified for the purposes of the offences in sections 111A and 112 of the Social Security Administration Act 1992.
Part 4 specifies the time when, and the method by which, the benefits to which these Regulations apply are to be paid. In particular it includes provisions which relate to payments of benefits to persons aged under 18, payments on death and the extinguishment of the right to payment.
Part 5, with Schedules 5 to 7, sets out the circumstances in which part or all of a benefit to which these Regulations apply may be paid directly to a person other than the claimant. It also sets out the circumstances in which the Secretary of State may appoint a person to act on behalf of a claimant who is unable for the time being to act.
Part 6 sets out the circumstances in which the mobility component of personal independence payment is not payable. It also sets out the circumstances in which the mobility component at the enhanced rate is payable on behalf of a claimant in respect of the hire or hire purchase of a vehicle under the Motability scheme.
The report of the Social Security Advisory Committee dated 10th December 2012 in relation to the Secretary of State's proposal to make these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee and, in so far as they do not give effect to them, the reasons why not, are contained in an Act Paper published by The Stationery Office Ltd at www.tso.co.uk.
A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.