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The Social Security (Payments on Account of Benefit) Regulations 2013

Consolidated Text Cited authorities 34 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Social Security (Payments on Account of Benefit) Regulations 2013.for the purposes of this Part and Part 2 (except the provisions specified in paragraph (3) ) and Part 4, on 1st April 2013;for all other purposes, on 29th April 2013.the definitions of “the UC etc. Claims and Payments Regulations”, “the Universal Credit Regulations” and “universal credit”;paragraph (a) of the definition of “couple”;regulation 2(2) and (3) (a) ;regulation 3(1) (a) and (2) (a) (i) and (b) (i) ;regulation 5(3) (a) ;regulation 7(2) ; andregulation 8(2) .(1) In these Regulations—
  • “the 1995 Act” means the Jobseekers Act 1995 ;
  • “the 2007 Act” means the Welfare Reform Act 2007 ;
  • “the 2012 Act” means the Welfare Reform Act 2012;
  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
  • “the 1988 Regulations” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 ;
  • “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;
  • “the UC etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 ;
  • “the Universal Credit Regulations” means the Universal Credit Regulations 2013 ;
  • “couple” —
    • (a) where these Regulations apply in relation to universal credit, has the same meaning as in Part 1 of the 2012 Act ;
    • (b) where these Regulations apply in relation to the benefits specified in regulation 3(1) (b) to (f) , has the same meaning as in section 137(1) of the Contributions and Benefits Act ;
  • “partner” means, where the person being referred to is a member of a couple, the other member of the couple;
  • “universal credit” means the benefit under Part 1 of the 2012 Act.
(2) Where these Regulations apply in relation to universal credit, “child” and “qualifying young person” have the same meaning as in Part 1 of the 2012 Act and whether or not a person is responsible for a child or qualifying young person is to be determined in accordance with regulation 4 of the Universal Credit Regulations.Schedule 2 to the UC etc. Claims and Payments Regulations; or, as the case may be,Schedule 9ZC to the Claims and Payments Regulations universal credit;employment and support allowance;income support;jobseeker's allowance;state pension credit;benefit under Parts 2 to 5 of the Contributions and Benefits Act except attendance allowance F19, disability living allowance and guardian’s allowance.a state pension under Part 1 of the Pensions Act 2014.Part 1 of the 2007 Act as amended by Schedule 3, and Part 1 of Schedule 14, to the 2012 Act (to remove references to an income-related allowance) ; andPart 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the 2012 Act;the 1995 Act as amended by Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-based allowance) ; andthe 1995 Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act.(1) The Secretary of State may, subject to paragraph (2) , make a payment on account of benefit to a person (“A”) in accordance with this Part.(2) Paragraph (1) does not apply pending the determination of an appeal relating to the benefit on account of which the payment would otherwise have been made.either of paragraphs (2) or (3) applies;it appears to the Secretary of State likely that the conditions of entitlement for benefit are satisfied F20(or will be satisfied during the period in respect of which the payment is to be made) ; andthe Secretary of State is satisfied that A is in financial need.(2) This paragraph applies where A has made a claim for benefit but the claim has not yet been determined.regulation 6 or 7 of the UC etc. Claims and Payments Regulations (claims not required for entitlement to universal credit or an employment and support allowance in certain cases) ; or, as the case may be,regulation 3 of the Claims and Payments Regulations (claims not required for entitlement to benefit in certain cases) an award of benefit has been made to A;any of paragraphs (2) to (5) applies; andthe Secretary of State is satisfied that A is in financial need.A currently satisfies the conditions of entitlement to that benefit; andthe date on which the first payment of that benefit to A is due to be made in accordance with the award has not yet been reached.the first payment of that benefit has been made to A in accordance with the award;the period in respect of which that payment was made is shorter than the period in respect of which subsequent payments of that benefit are to be made in accordance with that award should entitlement continue; andthe date on which a subsequent payment of that benefit is due to be made to A has not yet been reached.the award has not yet been revised or superseded to reflect that change; orthe award has been revised or superseded to reflect that change but the date on

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