Regulation 8 Making a claim for personal independence payment following notification

(1)

In this regulation and regulation 9 “the claim period” means the period of 28 days referred to in regulation 7(b).

(2)

For the purposes of this regulation a claim, whether or not it is defective as mentioned in regulation 10(3) or (4) of the Claims and Payments Regulations (making a claim for personal independence payment), must be made in accordance with and by a means set out in paragraph (1) (a), (b) or (c) of that regulation.

(3)

Such a claim is made—

(a)

in the case of a claim made in writing, other than by means of an electronic communication, on a form authorised by the Department, on the day on which it is delivered to or received at the appropriate office;

(b)

in the case of a claim in writing made by means of an electronic communication in accordance with the provisions set out in Part 2 of Schedule 1 to the Claims and Payments Regulations (electronic communications), on the day on which it is received at the appropriate office; and

(c)

in the case of a claim made by telephone, on the day on which the telephone call takes place.

(4)

Neither regulation 10(6) nor 11(2) of the Claims and Payments Regulations (making a claim for personal independence payment and date of claim for personal independence payment) shall apply in relation to a claim made by a notified person but—

(a)

in a case where the claim is defective as mentioned in regulation 10(3) or (4) of those Regulations, the Department must extend the claim period by a period of 28 days, or such longer period as it thinks fit, starting with the day following the last day of the claim period; and

(b)

in any other case the Department may extend the claim period by such further period as it thinks fit.

(5)

The duty in paragraph (4)(a) and power in paragraph (4)(b) to extend the claim period may be exercised before the claim period would otherwise have expired or after it has expired.

(6)

The Department may further extend a claim period extended under paragraph (4), either before the extended period would have expired or after it has expired.

(7)

Where the claim period has been extended under paragraph (4), the Department must treat the claim as properly made if a claim is made—

(a)

before the end of the period by which the claim period was extended or further extended; and

(b)

in accordance with any instructions of the Department as to the way in which the claim is to be completed.