OpenLegislation

Section 79 Claims and awards

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this Chapter, and, in the case of retirement pensions, to section 27(6), it shall be a condition of a person's right to any benefit that he makes a claim for it in the prescribed manner and within the prescribed time.

(2)

In such cases as may be prescribed, the following benefits may be paid without a claim—

(a)

a Category A or Category B retirement pension to a woman over the age of 65 on her ceasing to be entitled to widow's benefit;

(b)

a Category C or Category D retirement pension ;

(c)

age addition.

(3)

Regulations may make provision—

(a)

for permitting, in prescribed circumstances, a claim for unemployment benefit, sickness benefit, invalidity benefit, non-contributory invalidity pension or injury benefit to be made, or to be treated as if made, for a period falling partly after the date of the claim ;

(b)

for permitting an award on any such claim to be made for a period after the date of the claim of not more than 13 weeks (or such shorter period as the Secretary of State may in any case direct) subject to the condition that the claimant continues during that period to satisfy the requirements for the benefit in question;

(c)

for the review of any such award if those requirements are found not to have been satisfied at some time during the period of the award ;

(d)

for the disallowance of a person's claim for unemployment benefit, sickness benefit, invalidity benefit or non-contributory invalidity pension on any grounds to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist.

(4)

Regulations may provide for treating a person for the purposes of the following provisions of this Act—

(a)

section 14(7) (earnings-related supplement of unemployment or sickness benefit);

(b)

section 18 (duration of unemployment benefit); and

(c)

section 22(4) (earnings-related supplement of a maternity allowance),

as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure to make or prosecute a claim ; but a person is not to be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to cause a new period of interruption of employment to begin for the purposes of earnings-related supplement, or to avoid the necessity of re-qualifying for benefit.

(5)

Regulations may provide for requiring claimants to furnish to the prescribed person any information required for the determination of the claim or of any question arising in connection with it.

(6)

For the purposes of this Act any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.