Regulation 3 Amendment of the Social Security (Claims and Payments) RegulationsI1

for paragraphs (16) to (26)^f2 there shall be substituted the following paragraphs—

“(16)

Where a person has claimed a relevant benefit and that claim (“the original claim”) has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made—

(a)

on the date of the original claim; or

(b)

on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

(17)

The circumstances referred to in paragraph (16) are that the ground for refusal was—

(a)

in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;

(b)

in the case of invalid care allowance, that the disabled person was not a severely disabled person within the meaning of section 70(2) of the Contributions and Benefits Act;

(c)

in any case, that the claimant had not been awarded a qualifying benefit.

(18)

The additional circumstances referred to in paragraph (16) are that—

(a)

the claimant had made a claim for the qualifying benefit not later than ten days after the date of the original claim, and the claim for the qualifying benefit had not been decided;

(b)

after the original claim had been decided the claim for the qualifying benefit had been decided in the claimant’s or the disabled person’s favour; and

(c)

the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.

(19)

Where a person has been awarded a relevant benefit and that award (“the original award”) has been terminated in the circumstances specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made—

(a)

on the date of termination of the original award; or

(b)

on the first date in respect of which the qualifying benefit again becomes payable,

whichever is the later.

(20)

The circumstances referred to in paragraph (19) are that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession or appeal in such a way as to affect the award of the relevant benefit.

(21)

The additional circumstances referred to in paragraph (19) are that—

(a)

after the original award has been terminated the claim for the qualifying benefit is decided in the claimant’s or the disabled person’s favour; and

(b)

the further claim is made within three months of the date on which the qualifying benefit is re-awarded following revision, supersession or appeal.

(22)

In paragraphs (16) to (21)—

• “relevant benefit” means any of the following, namely—

  1. (a)

     benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;

  2. (b)

     income support;

  3. (c)

     a jobseeker’s allowance;

  4. (d)

     a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act^f3;

  5. (e)

     child benefit;

• “qualifying benefit” means—

  1. (a)

     in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;

  2. (b)

     in relation to invalid care allowance, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;

  3. (c)

     in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in regulation 4(1)(a) or 6(1)(a) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987^f4;

  4. (d)

     any other relevant benefit which has the effect of making another relevant benefit payable or payable at an increased rate;

• “the disabled person” means the person for whom the invalid care allowance claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.

(23)

Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made—

(a)

on the date on which entitlement to incapacity benefit ceased; or

(b)

on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

(24)

The circumstances referred to in paragraph (23) are that—

(a)

entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;

(b)

at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;

(c)

after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and

(d)

the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.

(25)

In paragraphs (23) and (24) “qualifying benefit” means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995^f5.

(26)

In paragraphs (18)(a) and (c), (21)(a) and (24)(b) to (d), and in paragraph (18)(b) where it appears for the second time, “decided” includes the making of a decision following a revision, supersession or an appeal, whether by the Department, an appeal tribunal, a Commissioner or the court.”; and

in paragraph (29)^f6 for “paragraphs (16) and (21)” there shall be substituted “paragraphs (16) and (19)”.

in paragraph (1) for “paragraphs (2) to (8)” there shall be substituted “the following provisions of this regulation”; and

paragraphs (4) to (8) shall be omitted.

in the heading, “, effective date of superseding decision” shall be omitted; and

paragraph 7 shall be omitted.