Social Security (Claims and Payments) Regulations 1979
| Year | 1979 |
1979 No. 628
Social Security
The Social Security (Claims and Payments) Regulations 1979
Made 7th June 1979
Laid before Parliament 18th June 1979
Coming into force 9th July 1979
The Secretary of State for Social Services, in exercise of powers conferred upon him by sections 45(3), 79 to 81, 88 to 90, 146(5), and 115(1) of, and Schedule 13 to, the Social Security Act 197522716001and paragraphs 9(1)(a) and (c) of Schedule 3 to the Social Security (Consequential Provisions) Act 197522716011and of all other powers enabling him in that behalf, hereby makes the following regulations, which consolidate the regulations hereby revoked and which accordingly by virtue of sections 139(2) and 141(2) of the Social Security Act 1975-and paragraphs 20 of Schedule 15 and 12 of Schedule 16-are not subject to the requirements of sections 139(1) and 141(2) of that Act for prior reference to the National Insurance Advisory Committee and the Industrial Injuries Advisory Council respectively:—
Part I
GENERAL
Citation and commencement
1. These regulations may be cited as the Social Security (Claims and Payments) Regulations 1979 and shall come into operation on 9th July 1979.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
“"the Act”” means the Social Security Act 1975;
“"approved place”” means a place approved by the Secretary of State for the purpose of obtaining payment of benefit;
“"benefit order”” means an order for the payment of a weekly sum on account of benefit to which regulation 16 applies or of a weekly instalment of a gratuity; “"claim for benefit”” includes an application for a declaration that an accident was an industrial accident and an application for the review of an award or a decision for the purpose of obtaining any increase of benefit mentioned in Schedule 1 to these regulations but does not include any other application for the review of an award or a decision and the expression ““claims benefit”” and every reference to a claim shall be construed accordingly;
“"determining authority”” means, as the case may require, an insurance officer, a local tribunal or a Commissioner by whom the relevant question falls to be determined under Part III of the Act;
“"instrument of payment”” means a serial order, benefit order, or any other instrument whatsoever which is intended to enable a person to obtain payment of benefit;
“"serial order”” means one of a series of orders, including benefit orders, for the payment of a sum on account of benefit which is or has been contained in a book of such orders;
“"unemployment benefit office”” means any office or place appointed by the Secretary of State for the purpose of claiming unemployment benefit; and other expressions have the same meaning as in the Act.
(2) Unless the context otherwise requires, any reference in these regulations to—
(a)
(a) a numbered section is a reference to the section of the Social Security Act 1975 bearing that number;
(b)
(b) a numbered regulation is a reference to the regulation 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 bearing that number;
(c)
(c) any provision made by or contained in an enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.
(3) For the purposes of the provisions of these regulations relating to the making of claims every increase of benefit mentioned in Schedule 1 to these regulations shall be treated as a separate benefit.
(4) The provisions of Schedules 1 and 2 to these regulations shall have effect; and the following provisions of these regulations shall, in relation to any particular benefit, have effect subject to any provision in those Schedules affecting that benefit.
Part II
CLAIMS
Claims not required in certain cases
3. Benefit may be paid without a claim being made for it in the following cases:—
(a) in the C8.se of a Category C retirement pension, to a beneficiary who is in receipt of—
(i) another retirement pension under the Act; or
(ii) widow's benefit under Chapter I of Part II of the Act; or
(iii) benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance;
(b) in the case of a Category D retirement pension, to a beneficiary who—
(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 Act;
(c) age addition in any case;
(d) in the case of a Category A or B retirement pension—
(i) to any woman over the age of 65 on her ceasing to be entitled to widowed mother's allowance, or
(ii) to any woman in receipt of widow's pension on her attaining the age of 65.
Manner in which claims are to be made
4. Every claim for benefit shall be made in writing to the Secretary of State on the form approved by him for the purpose of the benefit for which the claim is made, or in such other manner, being in writing, as he may accept as sufficient in the circumstances of any particular case or class of cases; and, subject to any directions given by the Secretary of State in any particular case or class of cases, a person claiming unemployment benefit shall attend in person at an unemployment benefit office.
Supply of claim forms
5. Forms of claim shall be supplied without charge by such persons as the Secretary of State may appoint or authorise for that purpose.
Claims not on appropriate forms
6. Where a claim for benefit has been made on an approved form other than the form appropriate to the benefit claimed, the Secretary of State may treat the claim as if it had been made on the appropriate form, so however that the Secretary of State may in any such case require the claimant to complete the appropriate form.
Information to be given when making a claim for benefit
7.—(1) Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as may be required by the Secretary of State and, if reasonably so required, shall for that purpose attend at such office or place as the Secretary of State may direct.
(2) Every person who makes a claim for a widowed mother's allowance, child's special allowance, benefit in respect of a child or for an increase of benefit in respect of a child, shall, in particular, furnish such certificate relating to the birth of the child and such other information to show that that person is entitled or may be treated by regulations as if he were entitled to child benefit in respect of that child as the Secretary of State may require.
(3) Every person who makes a claim for an increase of benefit in respect of an adult dependant shall, in particular, furnish, if required, the following information concerning such dependant:—
(a)
(a) his identity, date of birth, usual place of residence, occupation and relationship to the claimant;
(b)
(b) his position in regard to benefit under the Act, available sources of income and the amounts contributed by any person towards his maintenance; and
(c)
(c) in the case of an increase in respect of a wife or husband, a certificate of the marriage;
together with a declaration signed by the dependant confirming the information given.
(4) Every person who makes a claim for a death grant shall, in particular, furnish the following information:—
(a)
(a) if required by the Secretary of State, a death certificate relating to the deceased; and, where the claim is in respect of the death of a child, such certificate relating to the birth of the child, and such other information as the Secretary of State may reasonably require in support of any contention that immediately before the death of the child or the person by whom the contribution condition is to be satisfied, as the case may be, that person was entitled to child benefit in respect of that child; in this sub-paragraph a child includes a person referred to in section 32(4)(a) or (b);
(b)
(b) if required by the Secretary of State, the estimate or account of the undertaker.
(5) In this regulation “"child benefit”” means benefit under Part I of the Child Benefit Act 197522716021.
Amendment of claim forms
8.—(1) If, owing to the absence of due signature or of due certification, a claim is defective at the date of its receipt by the Secretary of State, he may, in his discretion, refer the claim to the claimant, and if the form is returned duly signed and certified within one month from the day on which it is so referred, the Secretary of State may treat the claim as if it had been duly made in the first instance.
(2) Any person who has made a claim for benefit in accordance with the provisions of these regulations may amend his claim, at any time before a decision has been given thereon, by notice in writing delivered or sent to the Secretary of State, and any claim so amended may be treated as if it had been made as so amended in the first instance.
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 Schedule 3 to these regulations may be entitled to the benefit specified opposite thereto in column (2) of that Schedule, any such claim may be treated as a claim in the alternative for that benefit.
(2) Where it appears that a person who has made a claim for benefit is not entitled thereto, but that some other...
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