The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2667 |
| Year | 2008 |
2008 No. 2667
Social Security
The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008
Made 7th October 2008
Laid before Parliament 9th October 2008
Coming into force 30th October 2008
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(1), 5(1)(a), (b) and (i), 189(1), (4) and (6) and 191 of the Social Security Administration Act 19921, sections 9(1), 10(3) and (6), 79(1) and (4) and 84 of the Social Security Act 19982, and paragraphs 4(6), 12, 13(1), (2)(c) and (3)(c) and 20(1)(b) of Schedule 7 to the Child Support, Pensions and Social Security Act 20003.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it.
In respect of the provisions in these Regulations relating to housing benefit, in accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned4.
Citation and commencement
1. These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008 and shall come into force on 30th October 2008.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2.—(1) The Social Security (Claims and Payments) Regulations 19875are amended as follows.
(2) In regulation 36(claims not required for entitlement to benefit in certain cases) for sub-paragraph (da) substitute—
“(da)
“(da) in the case of a bereavement payment where the beneficiary is in receipt of a retirement pension at the date of death of the beneficiary’s spouse or civil partner and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act7;”.
(3) In regulation 48(making a claim for benefit)—
(a)
(a) in paragraph (1) for “paragraphs (10) and (11),” substitute “paragraphs (10) to (11B),”;
(b)
(b) in paragraph (1A) for “In the case of” substitute “Subject to paragraph (11A), in the case of”;
(c)
(c) after paragraph (11) insert—
“11A A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Secretary of State where such a claim falls within a category of case which the Secretary of State accepts for the purposes of making a telephone claim.
11B Paragraph (11A) shall apply unless in any particular case the Secretary of State directs that the claim must be made in writing.”; and
(d)
(d) in paragraph (12) for “paragraph (11)” substitute “paragraph (11) or (11A)”.
(4) In regulation 69(date of claim)—
(a)
(a) in paragraph (1)(c) for “regulation 4(11)” substitute “regulation 4(11) or (11A)”;
(b)
(b) in paragraph (21)—
(i) after “further claim” insert “for a relevant benefit”; and
(ii) for “on which the additional circumstances apply” substitute “of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied”;
(c)
(c) in paragraph (33)—
(i) after “carer’s allowance” insert “or for an increase in carer’s allowance in respect of an adult or child dependant”; and
(ii) for the words from “is the first day” to “is payable” substitute “shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable”; and
(d)
(d) for paragraph (34) substitute—
“34 Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of qualifying benefit became payable.”.
(5) In regulation 22(1) (long term benefits) for “four weeks, or weekly in advance” substitute “four weeks in arrears, weekly in advance or, where the beneficiary agrees, at intervals not exceeding 13 weeks in arrears”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 199910are amended as follows.
(2) In regulation 311(revision of decisions) after paragraph (8B) insert—
“8C A decision made under section 8 or 10 (“the original decision”) may be revised at any time—
(a) where, on or after the date of the original decision—
(i) a late paid contribution is treated as paid under regulation 512of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 200113(treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;
(ii) a direction is given under regulation 614of those Regulations (treatment of contributions paid late through ignorance or error) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made; or
(iii) an unpaid contribution is treated as paid under regulation 6015of the Social Security (Contributions) Regulations 200116(treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made; and
(b) where any of paragraphs (i), (ii) or (iii) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.”.
(3) In regulation 617(supersession of decisions)—
(a)
(a) in paragraph (2)(g) for “doctor” substitute “health care professional”;
(b)
(b) after paragraph (2)(r) insert—
“(s)
“(s) is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—
(i) regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations 2001 (treatment of late paid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made;
(ii) regulation 6 of those Regulations (treatment of contributions paid late through ignorance or error) on a date which falls on or before the date on which the original decision was made; or
(iii) regulation 60 of the Social Security (Contributions) Regulations 2001 (treatment of unpaid contributions where no consent, connivance or negligence by the primary contributor) on a date which falls on or before the date on which the original decision was made.”.
(4) In regulation 718(date from which a decision superseded under section 10 takes effect)—
(a)
(a) in paragraph (1)(a) after “(2)(b)” insert “,(bb)”;
(b)
(b) for paragraph (2)(bb) substitute—
“(bb)
“(bb) where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative—
(i) except where paragraph (ii) applies, from the beginning of the benefit week in which the Secretary of State commenced action with a view to supersession; or
(ii) in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Secretary of State commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Secretary of State commenced such action;”;
(c)
(c) for paragraph (2)(bc) substitute—
“(bc)
“(bc) where—
(i) the claimant is a disabled person or a disabled person’s partner;
(ii) the decision is...
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