Social Security (Claims and Payments) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/560 |
| Year | 1975 |
1975 No. 560
SOCIAL SECURITY
The Social Security (Claims and Payments) Regulations 19753rdApril 1975
4thApril 1975
6thApril 1975
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation and commencement
2. Interpretation
PART II
CLAIMS
3. Claims not required in certain cases
4. Claims to be made to the Secretary of State in writing
5. Supply of claim forms
6. Claims not on appropriate forms
7. Information to be given when making a claim for benefit
8. Amendment of claim forms
9. Interchange with claims for other benefits
10. Special provision where it is certified that a woman is expected to be confined or where she has been confined
11. Forward allowances and disallowances of sickness, invalidity and injury benefit
12. Forward allowance and disallowance of unemployment benefit
13. Time for claiming benefit
PART III
PAYMENTS
14. Time and manner of payment of certain benefits and of an increase of disablement pension
15. Time and manner of payment of certain pensions and allowances
16. Special provisions relating to payment of attendance allowance and constant attendance allowance for persons out of hospital for short periods
17. Time and manner of payment of age addition
18. Time and manner of payments of industrial injuries gratuities
19. Time of payment of Category C or D retirement pensions etc. to those in receipt of supplementary benefit
20. Extinguishment of right to sums payable by way of benefit which are not obtained within the prescribed time
21. Information to be given when obtaining payment of benefit
PART IV
SPECIAL PROVISIONS RELATING TO INDUSTRIAL INJURIES BENEFIT ONLY
22. Notice of accidents
23. Obligations of employers
24. Obligations of claimants for, and beneficiaries in receipt of, injury benefit or disablement benefit
25. Withdrawal of claims for disablement benefit
PART V
MISCELLANEOUS PROVISIONS
26. Persons unable to act
27. Payments on death
28. Payment of benefit to third party
29. Breach of regulations
30. Transitional provisions and revocations
SCHEDULES
SCHEDULE 1—Showing prescribed times for claiming benefit and dis-
qualifications for benefit arising by reason of late claims
SCHEDULE 2—Containing miscellaneous special provisions relating to injury
benefit, unemployment benefit, sickness benefit, invalidity
benefit, maternity allowance and retirement pensions including
provisions which vary the prescribed times under Schedule 1
SCHEDULE 3—Benefit claimed and benefit for which the claim may be treated as
a claim in the alternative
SCHEDULE 4—Particulars to be given of accidents
SCHEDULE 5—Regulations revoked
The Secretary of State for Social Services, in exercise of powers conferred upon her by sections 45(4), 79 to 81, 88 to 90 and 146(5) of the Social Security Act 1975(a) and paragraphs 9(1)(a) and (c) of Schedule 3 to the Social Security (Consequential Provisions) Act 1975(b), and of all other powers enabling her in that behalf, without having referred any proposals on the matter to the National Insurance Advisory Committee or the Industrial Injuries Advisory Council since it appears to her that by reason of urgency it is inexpedient to do so, hereby makes the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Social Security (Claims and Payments) Regulations 1975 and shall come into operation on 6th April 1975.
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 15 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 meanings as in the Act.
(2) Unless the context otherwise requires, any reference in these regulations to—
(a) a numbered section is to the section of the Act bearing that number;
(a) 1975 c. 14.
(b) 1975 c. 18.
(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) 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) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply in relation to this instrument (including any instrument read as one therewith) and in relation to any revocation effected by it as if this instrument, the regulations revoked by it and any regulations revoked by the regulations so revoked were Acts of Parliament, and as if each revocation were a repeal.
(4) For the purposes of these regulations, an increase of benefit in respect of a child or adult dependant shall be treated as a separate benefit.
(5) 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 case of a Category C retirement pension or benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance, 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.
Claims to be made to the Secretary of State in writing
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
(a) 1889 c. 63.
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 the child is or may be treated as included in that person's family 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) his identity, date of birth, usual place of residence, occupation and relationship to the claimant;
(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) in the case of an increase in respect of a wife or a 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) if required by the...
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