Regulation 3 Amendment of the Social Security (Claims and Payments) Regulations 1987

After regulation 36 of the Social Security (Claims and Payments) Regulations 1987^f1 (payment to a partner as alternative payee) there shall be added the following regulation:

“Claims for and payment of attendance allowance where section 35(2B) of the Act applies to a child

36A

(1)

In this regulation, “child” means a person under the age of 16.

(2)

Where a child claims or is regarded as claiming an attendance allowance on the ground that he is a terminally ill person^f2 the Secretary of State shall, in accordance with the following provisions of this regulation, appoint a person to exercise on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with the allowance and to receive and deal on his behalf with any sums payable by way of that allowance.

(3)

A person appointed by the Secretary of State shall be —

(a)

in the case of a child living with his mother, his mother; or

(b)

in the case of a child who is not living with his mother but is living with his father, his father; or

(c)

in the case of a child who is living with a person who is neither his mother nor his father, the person with whom the child is living; or

(d)

in any case to which sub-paragraphs (a) to (c) above do not apply, such person as the Secretary of State may determine.

(4)

Where the Secretary of State has made an appointment under the preceding provisions of this regulation —

(a)

he may at any time revoke it;

(b)

the person appointed may resign his office having given the Secretary of State one month’s notice in writing of his intention to do so;

(c)

any such appointment shall cease to have effect on the day the child attains the age of 16.”.