Made |
20th November 1987 |
Laid before parliament |
11th April 1988 |
ARRANGEMENTS OF REGULATIONS
Part I General
1.Citation and commencement
2.Interpretation
Part II Claims
3.Claims not required for entitlement to benefit in certain cases
4.Making a claim for benefit
5.Amendment and withdrawal of claim
6.Date of claim
7.Evidence and information
8.Attendance in person
9.Interchange with claims for other benefits
10.[Claim for incapacity benefit or severe disablement allowance where no entitlement to statutory sick pay or statutory maternity pay]
11.Special provisions where it is certified that a woman is expected to be confined or where she has been confined
12.Self-certified claims for first 7 days of a spell of incapacity for work
13.Advance claims and awards
13A.Advance award of disability living allowance
13B.Advance claim for and award of disability working allowance
13C.Further claim for and award of disability living allowance
14.Advance claim for and award of maternity allowance
15.Advance notice of retirement and claim for and award of pension
15A.Cold weather payments (deleted)
16.Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
17.Duration of awards
18.Duration of disallowance
19.Time for claiming benefit
Part III Payments
20.Time and manner of payment: general provision
21.Direct credit transfer
22.Long term benefits
23.Child benefit
24.Unemployment benefit, incapacity benefit, maternity allowance and severe disablement allowance
25.Payment of attendance allowance and constant attendance allowance at a daily rate
26.Income support
[26A.Jobseeker's allowance]
27. [ Working families' tax credit ] and [ disabled persons' tax credit ]28.Fractional amounts of benefit
29.Payments to persons under age 18
30.Payments on death
31.Time and manner of payments of industrial injuries gratuities
32.Information to be given when obtaining payment of benefit
Part IV Third Parties
33.Persons unable to act
34.Payment to another person on the beneficiary's behalf
34A.Deductions of mortgage interest which shall be made from benefit and paid to qualifying lenders
35.Deductions which may be made from benefit and paid to third parties
35A.Transitional provisions for persons in hostels or certain residential accommodation
36.Payment to a partner as alternative payee
[ 36A. deleted]
Part V Suspension and Extinguishment
37.Suspension in individual cases
37A.Suspension in identical cases
37AA.Withholding of benefit in prescribed circumstances
37AB.Payment of withheld benefit
37B.Withholding payment of arrears of benefit
38.Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period.
Part VI Mobility Component of Disability Living Allowance and Disability
Living Allowance for Children
42.Cases where allowance not to be payable
43.Children
44.Payment of disability living allowance on behalf of a beneficiary
45.Power for the Secretary of State to terminate an arrangement
46.Restriction on duration of arrangements by the Secretary of State
Part VII Miscellaneous
47.Instruments of payment
48.Revocations
SCHEDULES
1. PART I-Benefit claims and other benefit which may be treated as if claimed in addition or in the alternative
PART II-Interchange of claims for child benefit with claims for other benefits
2. Special provisions relating to claims for unemployment benefit during period connected with public holidays
3. Duration of disallowance (deleted)
4. Prescribed times for claiming benefit
5. Miscellaneous provisions which vary the prescribed times under Schedule 4 (deleted)
6. Days for payment of long term benefits
7. Manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases
8. Election to have child benefit paid weekly
9. Deductions from benefit and direct payment to third parties
9A. Deductions of mortgage interest from benefit and payment to qualifying lenders
10. Revocations
Whereas a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament:
Now therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 165A and 166(2) of the Social Security Act 19752, section 6(1) of the Child Benefit Act 19753, sections 21(7), 51(1)(a) to (s), 54(1) and 84(1) of the Social Security Act 19864 and, as regards the revocations set out in Schedule 10 to this instrument, the powers specified in that Schedule, and all other powers enabling him in that behalf, by this instrument which contains only regulations made under the sections of the Social Security Act 1986 specified above and provisions consequential on those sections and which is made before the end of a period of 12 months from the commencement of those sections, makes the following Regulations:-
[Wherever the words "training for work" appear substitute the words "work based training for adults" except in the case of reference to the title or principal order or of the 1993 order- as per S.I. 1998/1426 from 3.7.98].
Part I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Social Security (Claims and Payments) Regulations 1987 and shall come into operation on 11th April 1988.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires -
["adjudicating authority" means any person or body with responsibility for making decisions about claims for benefit or related matters5;]
[ " appropriate office " means an office of the Department for Work and Pensions 6 [ or, in the case of a Crown servant posted overseas or his partner, a Regimental Administrative Office, Unit Personnel Office, Personnel Management Squadron Office, British Embassy, High Commission or Consulate 7 ; ]
["the Board" means the Commissioners of Inland Revenue; and references to "the Board" in these Regulations have effect only with respect to working families' tax credit;8]
["claim for asylum" has the same meaning as in the Asylum and Immigration Appeals Act 1993; 910]
"claim for benefit" includes-
(a) an application for declaration that an accident was an industrial accident;
(b)11
(c) an application for the review of an award or a decision for the purpose of obtaining any increase of benefit [in respect of a child or adult dependant under the Social Security Act 1975 or an increase in disablement benefit under section 60 (...), 61(...), 62(...), or 63 (...) of the Social Security Act 1975], but does not include any other application for the review of an award or a decision12;
[ " Contributions and Benefits Act " means the Social Contributions and Benefits Act 1992 ;13]
[ "Crown servant posted overseas" means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom 14; ]
["disabled person's tax credit" and "working families' tax credit" shall be construed in accordance with section 1(1) of the Tax Credits Act 1999;15]
["instrument for benefit payment" means an instrument issued by the Secretary of State [or the Board 16] under regulation 20A on the presentation of which benefit due to a beneficiary shall be paid in accordance with the arrangements set out in that regulation;17]
["the Jobseekers Act" means the Jobseekers Act 1995;
"jobseeker's allowance" means an allowance payable under Part I of the Jobseekers Act;
"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 199618;19]
"long-term benefits" means any retirement pension, a widowed mother's allowance, a widow's pension, attendance allowance, [disability living allowance20], invalid care allowance, ...21 any pension or allowance for industrial injury or disease and any increase in any such benefit;
"married couple" means a man and woman who are married to each other and are members of the same household;
"partner" means one of a married or unmarried couple;
["pension fund holder" means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;22]
23
["personal pension scheme" has the same meaning as in section 1 of the Pension Schemes Act 199324 in respect of employed earners and in the case of self-employed earners, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 198825 26];
["refugee" means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 195127 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 196728 29]
[ " relevant authority " means a person within section 72(2) of the Welfare Reform and Pensions Act 1999 30 31 ;]
["retirement annuity contract" means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;32]
"unmarried couple" means a man and a woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; and
"week" means a period of 7 days beginning with midnight between Saturday and Sunday.
(2) Unless the context otherwise requires, any reference in these Regulations to-
(a) a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation having that number;
(b) a benefit includes any benefit under the Social Security Act 197533, child benefit under Part I of the Child Benefit Act 197534, income support [working families' tax credit 35 ] and [ disabled person's tax credit 36 ] under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) [and section 32(2A) 37]38 of that Act [and a jobseeker's allowance under Part 1 of the Jobseekers Act39].
[(2A) References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to "benefit", "income support" or "a jobseeker's allowance", include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 199640, is to be treated as payable as income support or, as the case may be, as a jobseeker's allowance.41]
(3) For the purposes of the provisions of these Regulations relating to the making of claims [every increase of benefit in respect of a child or adult dependant under the Social Security Act 1975 or an increase of disablement benefit under sections 60 (special hardship), 61 (constant attendance), 62 (hospital treatment allowance) or 63 (exceptionally severe disablement) of the Social Security Act 197542] shall be treated as a separate benefit...43.
Part II
CLAIMS
Claims not required for entitlement to benefit in certain cases
3. It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:-
(a) in the case of a Category C retirement pension where the beneficiary is in receipt of-
(i) another retirement pension under the Social Security Act 1975; or
(ii) widow's benefit under Chapter 1 of Part II of that Act; or
(iii) benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance;
(b) in the case of a Category D retirement pension where the beneficiary-
(i) was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and
(ii) is in receipt of another retirement pension under the Social Security Act 1975;
(c) age addition in any case;
(d) in the case of a Category A or B retirement pension-
(i) where the beneficiary is a woman over the age of 65 and entitled to a widowed mother's allowance, on her ceasing to be so entitled; or
(ii) where the beneficiary is a woman under the age of 65 and in receipt of widow's pension, on her attaining that age
[(e) in the case of retirement allowance44 45.]
(f)46
[(g) in the case of a jobseeker's allowance where-
(i) that allowance has previously been claimed and an award made;
(ii) the Secretary of State has directed under regulation 37(1A) that payment under that award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised
(iii) subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force;
(iv) it is then determined that the award should be revised [or superseded] to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; and
(v) there are no other circumstances which cast doubt on the claimant's entitlement.47]48
[(h) in the case of income support where the beneficiary-
(i) is a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;
(ii) was in receipt of an income-based jobseeker's allowance on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraphs; and
(iii) would satisfy the conditions of entitlement to income support (apart from the condition of making a claim would apply in the absence of this paragraph) only by virtue of regulation 6(3) of those Regulations.49]
Making a claim for benefit
4.-(1) Every claim for benefit [ other than a claim for income support or jobseeker's allowance50]shall be made in writing on a form approved by the Secretary of State [or the Board 51] [for the purpose of the benefit for which the claim is made52], or in such other manner, being in writing, as the Secretary of State [or the Board51] may accept as sufficient in the circumstances of any particular case.
[(1A) In the case of a claim for income support or jobseeker's allowance, the claim shall-
(a) be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made;
(b) unless any of the reasons specified in paragraph (1B) applies, be made in accordance with the instructions on the form; and
(c) unless any of the reasons specified in paragraph (1B) applies, include such information and evidence as the form may require in connection with the claim.
(1B) The reasons referred to in paragraph (1A) are-
(a)(i) the person making the claim is unable to complete the form in accordance with the instructions or to obtain the information or evidence it requires because he has a physical, learning, mental or communication difficulty; and
(ii) it is not reasonably practicable for the claimant to obtain assistance from another person to complete the form or obtain the information or evidence; or
(b) the information or evidence required by the form does not exist; or
(c) the information or evidence required by the form can only be obtained at serious risk of physical or mental harm to the claimant, and it is not reasonably practicable for the claimant to obtain the information or evidence by other means; or
(d) the information or evidence required by the form can only be obtained from a third party, and it is not reasonably practicable for the claimant to obtain such information or evidence from such third party; or
(e) the Secretary of State is of the opinion that the person making the claim has provided sufficient information or evidence to show that he is not entitled to the benefit for which the claim is made, and that it would be inappropriate to require the form to be completed or further information or evidence to be supplied.
(1C) If a person making a claim is unable to complete the claim or supply the evidence or information it requires because one of the reasons specified in sub-paragraphs (a) to (d) of paragraph (1B) applies, he may so notify an appropriate office by whatever means.53]
[ (1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b), there shall be disregarded any period commencing on a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part 54 .]
[(2) In the case of a claim for working families' tax credit, where a married or unmarried couple is included in the family, the claim shall be made by whichever partner they agree should so claim.
(2A) Where, in a case to which paragraph (2) applies, the partners are unable to agree which of them should make the claim, the Board may in their discretion determine that the claim shall be made by the partner who, on the information available to the Board at the time of their determination, is in their opinion mainly caring for the children. 55]
(3) [Subject to paragraph (3C), 56] in the case of a married or unmarried couple, a claim for income support shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine.
[(3A) In the case of a married or unmarried couple where both partners satisfy the conditions set out in [section 129(1) of the Social Security Contributions and Benefits Act 1992 57], a claim for [ disabled persons' tax credit58 ] shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the [ Board 59 ] shall determine.60]
[(3B) For the purposes of income-based jobseeker's allowance-
(a) in the case of a married or unmarried couple, a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;
(b) where there is no entitlement to contribution-based jobseeker's allowance on a claim made by one partner and the other partner wishes to claim income-based jobseeker's allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim; and
(c) where entitlement to income-based jobseeker's allowance arises on the expiry of entitlement to contribution-based jobseeker's allowance consequent on a claim made by one partner and the other partner then makes a claim-
(i) the claim of the first partner shall be terminated; and
(ii) the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker's allowance expired.61]
[(3C) In the case of a claim for income support for a period to which regulation 21ZA(2) of the Income Support (General) Regulations 1987 (treatment of refugees) 62refers, the claim shall be made by the refugee or in the case of a married or unmarried couple both of whom are refugees, by either of them.63]
(4) Where one of a married or unmarried couple is entitled to income support under an award and, with his agreement, his partner claims income support that entitlement shall terminate on the day before that claim is made or treated as made.
[(5) Where a person who wishes to make a claim for benefit and who has not been supplied with an approved form of claim notifies an appropriate office (by whatever means) of his intention to make a claim, he shall be supplied, without charge, with such form of claim by such person as the Secretary of State 64[or the Board] may appoint or authorise for that purpose.65]
[(6) A person wishing to make a claim for benefit shall-
(a) if it is a claim for a jobseeker's allowance, unless the [ employment officer 66 ] otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the [ employment officer 66 ] may specify in his case in a notice under regulation 23 of the Jobseeker's Allowance Regulations;
(b) if it is a claim for any other benefit, deliver or send the claim to an appropriate office.67]
(7) If a claim [other than a claim for income support or jobseeker's allowance68] is defective at the date when it is received or has been made in writing but not on the form approved for the time being, the Secretary of State [or the Board69] may refer the claim to the person making it or, as the case may be, supply him with the approved form, and if the form is received properly completed within one month, or such longer period as the Secretary of State [or the Board] may consider reasonable, from the date on which it is so referred or supplied, the Secretary of State [or the Board69] shall treat the claim as if it has been duly made in the first instance.
[(7A) In the case of a claim for income support or jobseeker's allowance, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) or 6(4A) relating to the date of claim.70]
[(8) A claim, other than a claim for income support or jobseeker's allowance, which is made on the form approved for the time being is, for the purposes of these Regulations, properly completed if completed in accordance with the instructions on the form and defective if not so completed.
[(8A) Where-
(a) the Board determine under paragraph (2A) that a claim for working families' tax credit shall be made by the partner who in their opinion is mainly caring for the children,
(b) a claim for working families' tax credit is made by that partner on the form approved for the time being, and
(c) the claim is not completed in accordance with the instructions on the form by reason only that, in consequence of the other partner not agreeing which of them should make the claim, it has not been signed by the other partner,
the Board may in their discretion treat that claim as completed in accordance with the instructions on the form for the purposes of paragraph (8), notwithstanding that it has not been signed by the other partner in accordance with those instructions.71]
(9) In the case of a claim for income support or jobseeker's allowance, a properly completed claim is a claim which meets the requirements of paragraph (1A) and a defective claim is a claim which does not meet those requirements.72]
[ Further provisions as to claims
4A. - (1) Where a claimant resides in both -
(a) the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999; and
(b) a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999,
any claim for a benefit to which paragraph (2) applies may be made to any office [ of a relevant authority 73 ] displaying the One logo 74 (whether or not that office is situated within the area of the local authority in which the claimant resides).
(2) The benefits to which this paragraph applies are -
(a) a jobseeker's allowance;
(b) income support;
(c) incapacity benefit;
(d) invalid care allowance;
(e) severe disablement allowance;
(f) widow's benefit;
(g) bereavement benefits;
(h) disability living allowance.
(3) A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker's allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.
(4) In the case of a claim for income support or a jobseeker's allowance, the provisions of regulation 4(1A) to (1C) shall apply.
(5) In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the "appropriate office" in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).
(6) In these Regulations, a "participating authority" means any local authority or person to whom claims may be made in accordance with paragraph (1).
Forwarding claims and information
4B. - (1) A participating authority may -
(a) record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;
(b) give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies.
(2) A participating authority shall forward to the Secretary of State -
(a) any claim for benefit, other than a claim for housing benefit or council tax benefit, together with any information or evidence supplied to the authority in connection with that claim; and
(b) any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit or council tax benefit given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies 75 .]
Amendment and withdrawal of claim
5.-(1) A person who has made a claim may amend it at any time by notice in writing received in an appropriate office before a determination has been made on the claim, and any claim so amended may be treated as if it had been so amended in the first instance.
(2) A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to an appropriate office, and any such notice of withdrawal shall have effect when it is received.
Date of claim
6.-(1) [ Subject to the following provisions of this regulation, 76] [ or regulation 6A (claims by persons subject to work--focused interviews ) 77 ] the date on which a claim is made shall be-
(a) in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office;
[ (aa) in the case of a claim for-
[working families' tax credit;
disabled person's tax credit]78;
jobseeker's allowance if first notification is received before 6th October 1997; or
income support if first notification is received before 6th October 1997;
which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5), whichever is the later of-
(i) the date on which that notification is received; and
(ii) the first date on which that claim could have been made in accordance with these Regulations79;]
(b) in the case of a claim which does not meet the requirements of regulation 4(1) but which is treated, under regulation 4(7) as having been duly made, the date on which the claim was received in an appropriate office in the first instance.
[(1A) In the case of claim for income support-
(a) subject to the following sub-paragraphs, the date on which a claim is made shall be the date on which a properly completed claim is received in an appropriate office or the first day in respect of which the claim is made if later;
(b) where a properly completed claim is received in an appropriate office within one month of first notification of intention to make that claim, the date of claim shall be the date on which that notification is deemed to be made or the first day in respect of which the claim is made if later;
(c) a notification of intention to make a claim will be deemed to be made on the date when an appropriate office receives-
(i) a notification in accordance with regulation 4(5); or
(ii) a defective claim80.]
[(1B) Subject to paragraph (1C), in the case of a claim for working families' tax credit or disabled person's tax credit which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5)-
(a) where the claimant is entitled to that credit on the date on which that notification is received ("the notification date") and the first day of the period in respect of which that claim is made is on or before the notification date, the date on which a claim is made shall be the notification date; or
(b) where the claimant is not entitled to that credit on the notification date but becomes so entitled before the date on which the claim is received, the date on which a claim is made shall be-
(i) the date on which the claimant becomes so entitled, or
(ii) if later, the first day of the period in respect of which the claim is made provided that it is not later than the date on which the claim is received.
(1C) Paragraph (1B) shall not apply in the case of a claim which is received in an appropriate office-
(a) in the case of working families' tax credit, within the period specified opposite that credit at paragraphs (a) or (aa) in column (2) of Schedule 4; or
(b) in the case of disabled person's tax credit, within the period specified opposite that credit in paragraphs (a) or (b) in column (2) of Schedule 4
[ unless the previous award of working families' tax credit or disabled person's tax credit was terminated by virtue of regulation 49ZA of the Family Credit ( General) Regulations 1987 or regulation 54A of the Disability Working Allowance ( General ) Regulations 199181 ] 82.]
(2)83
[(3) In the case of a claim for income support, [working families' tax credit, disabled persons' tax credit 84 ] [or jobseeker's allowance85] . . . 86 , where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.
(4) Paragraph (3) shall not apply when the time for claiming income support [ working families' tax credit, disabled persons' tax credit 84 ] [or jobseeker's allowance87] has been extended under regulation 19 and the failure to claim within the prescribed time for the purposes of that regulation is for the reason only that the claim has been sent by post.88]
[(4A) Where a person notifies the [employment officer89] (by whatever means) that he wishes to claim a jobseeker's allowance-
(a) if he is required to attend under regulation 4(6)(a)-
(i) if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the [ employment officer 90] and complies with the requirements of paragraph (4AA), the claim shall be treated as made on whichever is the later of first notification of intention to make that claim and the first day in respect of which the claim is made;
(ii) if, without good cause, he fails to attend for the purpose of making a claim for that benefit at either the time or place so specified, or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which he does attend at that place and does provide a properly completed claim;
(b) if under regulation 4(6)(a) the [ employment officer 90 ] directs that he is not required to attend-
(i) subject to the following sub-paragraph, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office or the first day in respect of which the claim is made if later;
(ii) where a properly completed claim is received in an appropriate office within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification.
(4AA) Unless the Secretary of State otherwise directs, a properly completed claim shall be provided at or before the time when the person making the claim for a jobseeker's allowance is required to attend for the purpose of making a claim.
(4AB) The Secretary of State may direct that the time for providing a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.91]
[(4B) Where a person's entitlement to a jobseeker's allowance has ceased in any of the circumstances specified in regulation 25(1)(a), (b) or (c) of the Jobseeker's Allowance Regulations (entitlement ceasing on a failure to comply) and-
(a) where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker's allowance; or
(b) where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker's allowance,
that further claim shall be treated as having been made on the day following that cessation of entitlement.
(4C) Where a person's entitlement to a jobseeker's allowance ceases in the circumstances specified in regulation 25(1)(b) of the Jobseeker's Allowance Regulations (failure to attend at time specified) and that person makes a further claim for that allowance on the day on which he failed to attend at the time specified, that claim shall be treated as having been made on the following day. 92]
[(4D) In the case of a claim for income support to which regulation 4(3C) (claim by refugee) refers, the claim shall be treated as made-
(a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State; or
(b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum. 93]
[(5) Where a person submits a claim for attendance allowance [or disability living allowance or a request under paragraph (8)94] by post and the arrival of that [claim or request94] at an appropriate office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the [claim or request94] shall be treated as received on the day on which it would have been received if it had been delivered in the ordinary course of post. 95]
[(6) Where-
(a) on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 198796 been £6,000; and
(b) a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;
the claim shall be treated as made on the date [not later than 5th December 199097] determined in accordance with paragraph (7).
(7) For the purpose of paragraph (6), where-
(a) the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfied that condition;
(b) the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit. 98]
[(8) [Subject to paragraph (8A) 99] where-
(a) a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and
(b) in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and
(c) within the time specified the claim form properly completed is received in an appropriate office,
the date on which the claim is made shall be the date on which the request was received in the appropriate office.
[(8A) Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.100]
(9) [In paragraphs (8) and (8A) 101]-
"a claim form" means a form approved by the Secretary of State under regulation 4(1);
"properly completed" has the meaning assigned by regulation 4(8);
"the time specified" means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.102]
[(10) Where a person starts a job on Monday or Tuesday in any week and he makes a claim for [ disabled persons' tax credit 103 ] in that week the claim shall be treated as made on the Tuesday of that week.
... 104 105]
[(12) ...106 104 Where a person has claimed [ disabled persons' tax credit 103 ] and that claim ("the original claim") has been refused, and a further claim is made in the circumstances specified in paragraph (13), that further claim shall be treated as made-
(a) on the date of the original claim; or
(b) on the first date in respect of which the qualifying benefit was payable,
whichever is the later.
(13) The circumstances referred to in paragraph (12) are that-
(a) the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;
(b) at the date of the original claim the claimant has made a claim for a qualifying benefit and that claim not been determined;
(c) after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant's favour; and
(d) the further claim for [ disabled persons' tax credit 103 ] was made within three months of the date that the claim for the qualifying benefit was determined.
107104
(15) In paragraphs (12) and (13) "qualifying benefit" means any of the benefits referred to in section 129(2) of the Contributions and Benefits Act.
[ (16) Where a person has claimed a relevant benefit and that claim ("the original claim") has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made -
(a) on the date of the original claim; or
(b) on the first date in respect of which the qualifying benefit was payable ,
whichever is the later.
(17) The circumstances referred to in paragraph (16) are that the ground for refusal was -
(a) in the case of severe disablement allowance, that the claimant's disablement was less than 80 per cent.;
(b) in the case of invalid care allowance, that the disabled person was not a severely disabled person within the meaning of section 70(2) of the Contributions and Benefits Act ;
(c) in any case, that the claimant had not been awarded a qualifying benefit.
(18) The additional circumstances referred to in paragraph (16) are that -
(a) the claimant had made a claim for the qualifying benefit not later than ten days after the date of the original claim, and the claim for the qualifying benefit had not been decided;
(b) after the original claim had been decided the claim for the qualifying benefit had been decided in the claimant's or the disabled person's favour; and
(c) the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.
(19) Where a person has been awarded a relevant benefit and that award (" the original award") has been terminated in the circumstances specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made -
(a) on the date of termination of the original award; or
(b) on the first date in respect of which the qualifying benefit again becomes payable ,
whichever is the later.
(20) The circumstances referred to in paragraph (19) are that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession or appeal in such a way as to affect the award of the relevant benefit.
(21) The additional circumstances referred to in paragraph (19) are that -
(a) after the original award has been terminated the claim for the qualifying benefit is decided in the claimant's or the disabled person's favour ; and
(b) the further claim is made within three months of the date on which the qualifying benefit is re-awarded, following revision, supersession or appeal.
(22) In paragraphs (16) to (21) -
"relevant benefit" means any of the following, namely -
(a) benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;
(b) income support;
(c) a jobseeker's allowance;
(d) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
(e) child benefit;
"qualifying benefit" means - (a) in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;
(b) in relation to invalid care allowance, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;
(c) in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in regulation 5(1)(a) or 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987108 ];
(d) any other relevant benefit which has the effect of making another relevant benefit payable or payable at an increased rate;
"the disabled person" means the person for whom the invalid care allowance claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.
(23) Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made-
(a) on the date on which entitlement to incapacity benefit ceased; or
(b) on the first date in respect of which the qualifying benefit was payable,
whichever is the later.
(24) The circumstances referred to in paragraph (23) are that -
(a) entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;
(b) at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;
(c) after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant's favour; and
(d) the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.
(25) In paragraphs (23) and (24) "qualifying benefit" means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 109 .
(26) In paragraphs 18(a) and (c), 21(a), 24 and in paragraph 18(b) where the word appears for the second time, "decided" includes the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, an appeal tribunal, a Commissioner or the court 110 .]
(27) Where a claim is made for [working families' tax credit111] or [disabled persons' tax credit118] and-
(a) the claimant had previously made a claim for income support or jobseeker's allowance ("the original claim");
(b) the original claim was refused on the ground that the claimant or his partner was in remunerative work; and
(c) the claim for [ working families' tax credit or disabled persons' tax credit 112] was made within 14 days of the date that the original claim was determined,
that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.
(28) Where a claim is made for income support or jobseeker's allowance, and-
(a) the claimant had previously made a claim for [ working families' tax credit or disabled persons' tax credit 119 ] ("the original claim");
(b) the original claim was refused on the ground that the claimant or his partner was not in remunerative work; and
(c) the claim for income support or jobseeker's allowance was made within 14 days of the date that the original claim was determined,
that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.113]
[(29) In the case of a claim for an increase of severe disablement allowance or of invalid care allowance in respect of a child or adult dependant, [ paragraphs (16) and (19) 114 ] shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance115.]
[ Claims by persons subject to work-focused interviews
6A. - (1) This regulation applies to any person who is required to take part in a work-focused interview in accordance with regulation 4 of the Social Security (Work-focused Interviews) Regulations 2000 ("the Work-focused Interviews Regulations").
(2) Subject to the following provisions of this regulation, where a person takes part in a work-focused interview, the date on which the claim is made shall be-
(a) in a case where-
(i) the claim made by the claimant meets the requirements of regulation 4(1), or
(ii) the claim made by the claimant is for income support and meets the requirements of regulation 4(1A),
the date on which the claim is received in the appropriate office;
(b) in a case where a claim does not meet the requirements of regulation 4(1) but is treated, under regulation 4(7), as having been duly made, the date on which the claim was treated as received in the appropriate office in the first instance;
(c) in a case where-
(i) first notification of intention to claim income support is made to an appropriate office, or
(ii) a claim for income support is received in an appropriate office which does not meet the requirements of regulation 4(1A),
the date of notification or, as the case may be, the date the claim is first received where the properly completed claim form is received within 1 month of notification or the date the claim is first received, or the day on which a properly completed claim form is received where these requirements are not met.
(3) In a case where a decision is made that a person is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview but subsequently claims such a benefit, in applying paragraph (2) to that claim no regard shall be had to any claim regarded as not having been made in consequence of that decision.
(4) Paragraph (2) shall not apply in any case where a decision has been made that the claimant has failed to take part in a work-focused interview.
(5) In regulation 4 and this regulation, "work-focused interview"
has the meaning it has in regulation 3 of the Work-focused Interviews
Regulations and in this regulation "designated authority" has
the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations116
.]
Evidence and information
7 - (1) [Subject to paragraph (7), 117 ] every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the [Board 118] [ or, in a case where regulation 4A applies, the relevant authority 119 ] and shall do so within one month of being required to do so or such longer period as [ Board 126 ] may consider reasonable.
(2) [Subject to paragraph (7),125] where a benefit may be claimed by either of two partners or where entitlement to or the amount of any benefit is or may be affected by the circumstances of a partner, the [ Board 126 ] may require the partner other than the [claimant to do either or both of the following, within one month of being required to do so or such longer period as the Board may consider reasonable-
(a) to certify in writing whether he agrees to the claimant making the claim or, as the case may be, that he confirms the information given about his circumstances;
(b) to furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as the Board may require.120]
(3) In the case of a claim for [ working families' tax credit 121] or [ disabled person's tax credit129 ] , the employer of the claimant or, as the case may be, of the partner shall within one month of being required to do so or such longer period as the Board may consider reasonable, 122] furnish such certificates, documents, information and evidence in connection with the claim or any question arising out of it as may be required by the [Board 126 ] .
[(4) In the case of a person who is claiming [disabled person's tax credit, working families' tax credit 129 ] [, income support or jobseeker's allowance123] where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the [Board so require, within one month of being required to do so or such longer period as the Board may consider reasonable 124] so requires furnish the following information-
(a) the name and address of the pension fund holder;
(b) such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
(5) Where the pension fund holder received from the [Board126] a request for details concerning the personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall [, within one month of the request or such longer period as the Board may consider reasonable, 125] provide the [Board126] with any information to which paragraph (6) refers.
(6) The information to which this paragraph refers is-
(a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
(b) in the case of-
(i) a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
(ii) a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.126]
[(7) Paragraphs (1) and (2) do not apply in the case of jobseeker's allowance.127]
[(8) Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987128 applies is incurring relevant childcare charges, including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence in connection with the claim made by the claimant, or any question arising out of it, as may be required by the Board, and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
(9) In paragraph (8) "relevant childcare charges" has the meaning given by regulation 46A(2) of the Family Credit (General) Regulations 1987.129]
Attendance in person
8.-(1) 130.
(2) Every person who makes a claim for benefit [(other than a jobseeker's allowance) 131] shall attend at such office or place and on such days and at such times as the Secretary of State [or the Board] may direct, for the purpose of furnishing certificates, documents, information and evidence under regulation 7, if reasonably so required by the Secretary of State [or the Board 132] .
Interchange with claims for other benefits
9.-(1) Where it appears that a person who has made a claim for benefit specified in column (1) of Part I of Schedule 1 may be entitled to the benefit specified opposite to it in column (2) of that Part, any such claim may be treated by the Secretary of State [ or the Board 133] as a claim alternatively, or in addition, to the benefit specified opposite to it in that column.
(2) Where it appears that a person who has claimed any benefit specified in Part II of Schedule 1 in respect of a child may be entitled to child benefit in respect of the same child, the Secretary of State may treat the claim alternatively, or in addition, for the benefit in question as a claim by that person for child benefit.
(3) Where it appears that a person who has claimed child benefit in respect of a child may be entitled to any benefit specified in Part II of Schedule 1 [134 ] in respect of the same child, the Secretary of State may treat the claim for child benefit as a claim alternatively, or in addition, by that person for the benefit in question specified in that Part.
(4) Where it appears that a person who has made a claim for benefit other than child benefit is not entitled to it, but that some other person may be entitled to an increase of benefit in respect of him, the Secretary of State may treat the claim as if it were a claim by such other person for an increase of benefit in respect of the claimant.
(5) Where it appears that a person who has made a claim for an increase of benefit other than child benefit in respect of a child or adult dependant is not entitled to it but that some other person may be entitled to such an increase of benefit in respect of that child or adult dependant, the Secretary of State may treat the claim as if it were a claim by that other person for such an increase.
(6) Where it appears that a person who has made a claim for a guardian's allowance in respect of any child is not entitled to it, but that the claimant, or the wife or husband of the claimant, may be entitled to an increase of benefit for that child, the Secretary of State may treat the claim as if it were a claim by the claimant or the wife or husband of the claimant for an increase of benefit for that child.
[(7) In determining whether he [ or they 135] should treat a claim alternatively or in addition to another claim (the original claim) under this regulation the Secretary of State [ or the Board 141 ] shall treat the alternative or additional claim, whenever made, as having been made at the same time as the original claim.136]
[Claim for incapacity benefit or severe disablement allowance where no entitlement to statutory sick pay or statutory maternity pay]
[10.-(1) Paragraph (2) applies to a claim for incapacity benefit137] or severe disablement allowance for a period of incapacity for work of which the claimant gave his employer notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 138, and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.
(2) A claim to which this paragraph applies shall be treated as made on the date accepted by the claimant's employer as the first day of incapacity, provided that he makes the claim-
(a) within the appropriate time specified in paragraph 2 of Schedule 4 beginning with the day on which he is informed in writing that he was not entitled to statutory sick pay; or
(b) 139
(3) Paragraph (4) applies to a claim for maternity allowance for a pregnancy or confinement by reason of which the claimant gave her employer notice of absence from work under section 46(4) of the Social Security Act 1986 and regulation 23 of the Statutory Maternity Pay (General) Regulations 1986140 and in respect of which she has been informed in writing by her employer that there is no entitlement to statutory maternity pay
(4) A claim to which this paragraph applies shall be treated as made on the date when the claimant gave her employer notice of absence from work or at the beginning of the 14th week before the expected week of confinement, whichever is later, provided that she makes the claim-
(a) within [three months141] of being informed in writing that she was not entitled to statutory maternity pay; or
(b) 142
Special provisions where it is certified that a woman is expected to be confined or where she has been confined
11.- (1) Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1976143 it has been certified that it is to be expected that a woman will be confined, and she makes a claim for maternity allowance in expectation of that confinement any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for [ incapacity benefit 144 ] or severe disablement allowance made in respect of any days in the period beginning with either -
(a) the beginning of the 6th week before the expected week of confinement; or
(b) the actual date of confinement,
whichever is the earlier, and ending in either case on the 14th day after actual date of confinement.
(2) Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within [three months145] of that date, her claim may be treated in the alternative or in addition as a claim for [incapacity benefit 152] or severe disablement allowance for the period beginning with the date of her confinement and ending 14 days after that date.
[Regulation 12 (self-certified claims for first 7 days of a spell of incapacity for work) deleted by regulation 2(4) of S.I. 1989/136 as from 27.2.89.]
Advance claims and awards
13.-(1) Where, although a person does not satisfy the requirements of entitlement to benefit on the date on which a claim is made, the adjudicating authority 146 is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day ("the relevant day") not more than 3 months after the date on which the claim is made, then that authority147 may-
(a) treat the claim as if made for a period beginning with the relevant day; and
(b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement when benefit becomes payable under the award.
(2) [An Award under paragraph (1)(b) shall be revised or superceded under section 9 or 10 of the Social Security Act 1998148] if the requirements for entitlement are found not to have been satisfied on the relevant day.
(3) [Subject to paragraph (4), paragraphs (1) and (2) do not149] apply to any claim for maternity allowance, attendance allowance, [ disabled person's tax credit 150], retirement pension or increase, [ working families' tax credit 158 ] [disability living allowance151], or any claim within regulation 11(1)(a) or (b).
[(4) Paragraphs (1) and (2) of this regulation shall apply to a claim for [ working families' tax credit 152 ] made-
(a) on or after 10th March 1992 and before 7th April 1992;
(b) in respect of a period beginning on or after 7th April 1992; and
(c) by a person who, or, if he is a member of a married or unmarried couple, he or the other member of the couple, is engaged and normally engaged in remunerative work for not less than 16 but less than 24 hours a week on the date the claim is made.
(5) In paragraph 4(c) "remunerative work" and "engaged and normally engaged in remunerative work" shall be construed in accordance with regulations 4 and 5 respectively of the Family Credit (General) Regulations 1987153 [save that in their application to paragraph (4)(c) those regulations shall be read as though for the words "not less than 24 hours" there were substituted the words "not less than 16 hours but less than 24 hours" 154].155]
[(6) Where a person claims [ working families tax credit or disabled persons' tax credit 156 ] but does not satisfy the requirements for entitlement to that benefit on the date on which the claim is made, and the adjudicating authority154 is of the opinion that he will satisfy those requirements for a period beginning on a day not more than 3 days after the date on which the claim is made, the adjudicating authority154 may treat the claim as if made for a period beginning with that day, and award benefit accordingly.157]
[(7) Where on or after 7th September 1999 but before 5th October 1999 a person claims family credit or disability working allowance but does not satisfy the requirements for entitlement to that benefit on the date on which the claim is made, and the adjudicating authority154 is of the opinion that he will satisfy the requirements for working families' tax credit or disabled person's tax credit for a period beginning on 5th October 1999, the claim shall be treated by the adjudicating authority154 as a claim made on 5th October 1999 for a period starting on that date.
(8) Where on or after 20th September 1999 but before 2nd October 1999 a person claims working families' tax credit or disabled person's tax credit, the claim shall be treated by the adjudicating authority154 as a claim made on 5th October 1999 for a period starting on that date or on such later date as is specified in the claim. 158]
[Advance award of disability living allowance
13A.-(1) Where, although a person does not satisfy the requirements for entitlement to disability living allowance on the date on which the claim is made, the adjudicating authority159 is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day ("the relevant day") not more than 3 months after the date on which the claim is made, then that authority 160 may award disability living allowance from the relevant day subject to the condition that the person satisfies the requirements for entitlement on the relevant day.
(2) Where a person makes a claim for disability living allowance on or after 3rd February 1992 and before 6th April 1992 the adjudicating authority 161 may award benefit for a period beginning on any day after 5th April 1992 being a day not more than three months after the date on which the claim was made, subject to the condition that the person satisfies the requirements for entitlement when disability living allowance becomes payable under the award.
(3) An award under paragraph (1) or (2) shall be reduced by the adjusting authority168 if the requirements for entitlement are found not to have been satisfied when disability living allowance becomes payable under the award.162]
[Advance claim for and award of disability working allowance
13B.-(1) Where a person makes a claim for disability working allowance on or after 10th March 1992 and before 7th April 1992 the adjudicating authority 163 may-
(a) treat the claim as if it were made for a period beginning on 7th April 1992; and
(b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on 7th April 1992.
(2) An award under paragraph (1)(b) shall be reviewed by the adjudicating authority171 if the requirements for entitlement are found not to have been satisfied on 7th April 1992.164]
[Further claim for and award of disability living allowance
13C.-(1) A person entitled to an award of disability living allowance may make a further claim for disability living allowance during the period of 6 months immediately before the existing award expires.
(2) Where a person makes a claim in accordance with paragraph (1) the adjudicating authority 165 may-
(a) treat the claim as if made on the first day after the expiry of the existing award ("the renewal date"); and
(b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the renewal date.
(3) An award under paragraph (2)(b) shall be reviewed by the adjudicating authority166 if the requirements for entitlement are found not to have been satisfied on the renewal date167.]
Advance claim for and award of maternity allowance
14.-(1) Subject to the following provisions of this regulation, a claim for maternity allowance in expectation of confinement, or for an increase in such an allowance in respect of an adult dependent, and an award on such a claim, may be made not earlier than 14 weeks before the beginning of the expected week of confinement.
(2) A claim for an increase of maternity allowance in respect of an adult dependant may be made in advance unless, on the date when made, the circumstances relating to the adult dependant concerned are such as would qualify the claimant for such an increase if they occurred in a period for which she was entitled to a maternity allowance.
Advance notice of retirement and claim for and award of pension
15.-(1) A claim for a retirement pension of any category, and for any increase in any such pension, and an award on such a claim, may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.
[Regulations 15(2)-(4) lapsed on repeal (1.10.89) of s.27(4) of the Social Security Act 1975 (c.14).]
[(5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of [incapacity benefit] ... for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.168]
[(6) Where the spouse of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse.169]
(7) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension, a person may at any time not more than 4 months before the date on which he will attain pensionable age, and notwithstanding that he [intends to defer his entitlement to a Category A or Category B retirement pension170] at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act relating to that person's title to such a retirement pension ...178, and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.
[Regulation 15A (cold weather payments) deleted by regulation 8 of S.I. 1991/2284 as from 1.11.91.]
Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
16.-(1) For the purpose only of determining the day from which benefit is to become payable, where a benefit other than one of those specified in paragraph (4) is awarded for a period of a week, or weeks, and the earliest date on which entitlement would otherwise commence is not the first day of a benefit week, entitlement shall begin on the first day of the benefit week next following.
[(1A) Where a claim for [ working families' tax credit 171 ] is made in accordance with paragraph 7(a) [or (aa)172] of Schedule 4 for a period following the expiration of an existing award of [ disabled person's tax credit 179 ], or [ working families tax credit 179 ], entitlement shall begin on the day after the expiration of that award.
(1B) Where a claim for [ working families tax credit or disabled person's tax credit 173 ], ] is made on or after the date when an uprating order is made under [section 150 of the Social Security Administration Act 1992 174], but before the date when that order comes into force, and-
(a) an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and
(b) the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,
entitlement shall begin from the date the up-rating order comes into force.175]
[(1C) Where a claim for [ disabled person's tax credit 176 ] is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of [ disabled person's tax credit or working families tax credit 184 ] , entitlement shall begin on the day after the expiration of that award.177]
(2) Where there is a change in the rate of any benefit to which paragraph (1) applies the change, if it would otherwise take effect on a day which is not the appropriate pay day for that benefit, shall take effect from the appropriate pay day next following.
[(3) For the purposes of this regulation the first day of the benefit week-
(a) in the case of child benefit [and guardian's allowance178] is Monday,
(b) in the case of [ working families tax credit or disabled person's tax credit179 ] is Tuesday, and
(c) in any other case is the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits).180]
(4) The benefits specified for the exclusion from the scope of paragraph (1) are [jobseeker's allowance181], [incapacity benefit182], maternity allowance, ...183 severe disablement allowance, income support ...191 and any increase of those benefits.
Duration of awards
17.-(1) Subject to the provisions of this regulation and section [37ZA(3) of the Social Security Act 1975184 (disability living allowance) and section185] 20(6) [and (6F)186187] of the Social Security Act 1986 ( [working families tax credit 188 ] [and195] [ disabled person's tax credit 196 ]) a claim for benefit shall be treated as made for an indefinite period and any award of benefit on that claim shall be made for an indefinite period.
[(1A) Where an award of income support or an income-based jobseeker's allowance is made in respect of a married or unmarried couple and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.]
(2)190
(3) If . . . 191, it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example where a relevant change of circumstances is reasonably to be expected in the near future) the claim shall be treated as made and the award shall be for a definite period which is appropriate in the circumstances.
(4) In any case where benefit is awarded in respect of days subsequent to the date of claim the award shall be subject to the condition that the claimant satisfies the requirements for entitlement; and where those requirements are not satisfied 192[the decision shall be reviewed or superseded under section 9 or 10 of the Social Security Act 1998 193 194.]
(5) The provisions of Schedule 2 shall have effect in relation to claims for [a jobseeker's allowance195] made during periods connected with public holidays.
[Regulation 18 (duration of disallowance) deleted by regulation 2(11) of S.I. 1996/1460 as from 7.10.96.]
[Time for claiming benefit
19.-(1) Subject to the following provisions of this regulation, the prescribed time for claiming any benefit specified in column (1) of Schedule 4 is the appropriate time specified opposite that benefit in column (2) of that Schedule.
(2) The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.
(3) The benefits to which paragraph (2) applies are-
(a) child benefit;
(b) guardian's allowance;
(c) graduated retirement benefit196;
(d) invalid care allowance;
(e) maternity allowance;
(f) retirement pension of any category;
(g) widow's benefit;
(h) except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish) any increase in any benefit (other than income support or jobseeker's allowance) in respect of a child or adult dependant.
(4) Subject to paragraph (8), in the case of a claim for income support, jobseeker's allowance, [ working families' tax credit 197 ] or [ disabled persons' tax credit 205 ] , where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of three months, to the date on which the claim is made, where-
(a) any [ one or more 198 ] of the circumstances specified in paragraph (5) applies or has applied to the claimant; and
(b) as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.
(5) The circumstances referred to in paragraph (4) are-
(a) the claimant has difficulty communicating because-
(i) he has learning, language or literacy difficulties; or
(ii) he is deaf or blind,
and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
(b) except in the case of a claim for jobseeker's allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
(c) the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;
(d) the claimant was given information by an officer of the [ Department for Work and Pensions 199 ] [or of the Board 200 ] [ or in a case to which regulation 4A applies , a representative of a relevant authority 201 ] which led the claimant to believe that a claim for benefit would not succeed;
(e) the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;
(f) the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;
(g) the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or
(h) the claimant was prevented by adverse weather conditions from attending the appropriate office.
(6) In the case of a claim for income support, jobseeker's allowance, [ working families' tax credit205 ] or [ disabled persons' tax credit 205 ] , [ where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of one month, to the date on which the claim is made, where -
(a) any one or more of the circumstances specified in paragraph (7) applies or has applied to the claimant; and
(b) as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier 202 .]
(7) The circumstances referred to in paragraph (6) are-
(a) the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;
(b) the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;
(c) there were adverse postal conditions;
(d) the claimant [ or, in the case of income support or jobseeker's allowance , the claimant or his partner 203 ] was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant [ or his partner , as the case may be 211 , ] before the date that his entitlement expired;
[(e) in the case of a claim for working families' tax credit, the claimant had previously been entitled, or the partner of the claimant had previously been entitled in relation to the claimant, to income support or jobseeker's allowance and the claim for working families' tax credit was made within one month of-
(i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the person entitled not being treated as engaged in remunerative work by virtue of [paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6 204 ] of the Income Support (General) Regulations 1987; or
(ii) the expiry of entitlement to jobseeker's allowance 205 ;]
(f) except in the case of a claim for [ working families' tax credit 205 ] or [ disabled persons' tax credit 205 ] , the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made...206;
(g) during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose "close relative" means partner, parent, son, daughter, brother or [sister; or207]
[(h) in the case of a claim for disabled person's tax credit, the claimant had previously been entitled to income support, jobseeker's allowance, incapacity benefit or severe disablement allowance and the claim for disabled person's tax credit was made within one month of-
(i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the claimant not being treated as engaged in remunerative work by virtue of [paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6213] of the Income Support (General) Regulations 1987; or
(ii) the expiry of entitlement to jobseeker's allowance, incapacity benefit or severe disablement allowance;
(ha) in the case of a claim for disabled person's tax credit, the partner of the claimant had previously been entitled in relation to the claimant to income support or jobseeker's allowance, and the claim for disabled person's tax credit was made within one month of-
(i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the partner of the claimant not being treated as engaged in remunerative work by virtue of [paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6213] of the Income Support (General) Regulations 1987; or
(ii) the expiry of entitlement to jobseeker's allowance214;]
(8) This regulation shall not have effect with respect to a claim to which regulation 21ZA(2) of the Income Support (General) Regulations 1987208 (treatment of refugees) applies.209]
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