Social Security (Claims and Payments) Regulations 1987

1987 No. 1968

SOCIAL SECURITY

The Social Security (Claims and Payments) Regulations 1987

Made 20th November 1987

Coming into force 11th April 1988

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 19751, section 6(1) of the Child Benefit Act 19752, sections 21(7), 51(1)(a) to (s), 54(1) and 84(1) of the Social Security Act 19863and, 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:–

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

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.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“adjudicating authority” means any person or body with responsibility under the Social Security Acts 1975 to 1986, and regulations made thereunder, for the determination of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits;

“appropriate office” means an office of the Department of Health and Social Security or the Department of Employment;

“claim for benefit” includes–

(a) an application for a declaration that an accident was an industrial accident;

(b) a claim for attendance allowance expressed as an application for review of an earlier determination but which discloses no grounds on which such a determination could be reviewed;

(c) an application for the review of an award or a decision for the purpose of obtaining any increase of benefit, but does not include any other application for the review of an award or a decision;

“long-term benefits” means any retirement pension, a widowed mother’s allowance, a widow’s pension, attendance allowance, mobility allowance, invalid care allowance, guardian’s allowance, any pension or allowance for industrial injury or disease and any increase in any such benefit;

“married couple” means a man and a woman who are married to each other and are members of the same household;

“partner” means one of a married or unmarried couple;

“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) 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)

(b) a benefit includes any benefit under the Social Security Act 19754, child benefit under Part I of the Child Benefit Act 19755, income support and family credit under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) of that Act.

(3) For the purposes of the provisions of these Regulations relating to the making of claims every increase of benefit under the Social Security Act 1975 shall be treated as a separate benefit and so shall an increase in the weekly rate of benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 19766.

2 CLAIMS

PART II

CLAIMS

S-3 Claims not required for entitlement to benefit in certain cases

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.

S-4 Making a claim for benefit

Making a claim for benefit

4.—(1) Every claim for benefit shall be made in writing on a form approved by the Secretary of State, or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case.

(2) In the case of a claim for family credit, where a married or unmarried couple is included in the family, the claim shall be made by the woman, unless the Secretary of State is satisfied that it would be reasonable to accept a claim by the man.

(3) 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.

(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) Forms of claim shall be supplied without charge by such persons as the Secretary of State may appoint or authorise for that purpose.

(6) Every claim shall be delivered or sent to an appropriate office, which, in the case of unemployment benefit, shall be such office, if any, as the Secretary of State may specify.

(7) If a claim 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 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 may consider reasonable, from the date on which it is so referred or supplied, the Secretary of State shall treat the claim as if it has been duly made in the first instance.

(8) A claim which is made on the form approved for the time being is, for the purposes of paragraph (7), properly completed if completed in accordance with the instructions on the form and defective if not so completed.

S-5 Amendment and withdrawal of claim

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.

S-6 Date of claim

Date of claim

6.—(1) Subject to paragraph (2) the date on which a claim is made shall be–

(a)

(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;

(b)

(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.

(2) In the case of a claim for family credit–

(a)

(a) subject to the following sub-paragraphs, where, under paragraph (1), the date on which a claim is made is a day other than the first day of the benefit week for family credit (being a period of 7 days beginning with midnight between Monday and Tuesday) that claim shall be treated as made on the first day of the next following benefit week;

(b)

(b) a claim made in accordance with paragraph 7(a) of Schedule 4 for a period following the expiration of an existing award shall be treated as made on the day after such expiration; and

(c)

(c) 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; and

(d)

(d) where the claim is made on or after the date when an up-rating order is made under section 63(2) of the Social Security Act 1986, but before the date when that order comes into force, and–

(i) 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

(ii) 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,

the claim shall be treated as made on the date the order comes into force.

S-7 Evidence and information

Evidence and information

7.—(1) Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question...

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