The Social Security Benefits (Claims and Payments) (Amendment) Regulations 2021

S.I. 2021/1065 · Made 17 September 2021

Social Security

Made 17th September 2021

Laid before Parliament 21st September 2021

Coming into force 18th October 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5(1)(i) and 189(1), (4) and (6) of the Social Security Administration Act 1992^f1.

In accordance with section 173(1)(b) of that Act, the Social Security Advisory Committee has agreed that proposals in respect of these Regulations shall not be referred to them.

Annotations to the whole text

Footnotes

f1: 1992 c. 5. Section 189(1) was amended by paragraph 109(a) of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14), paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c. 21). Section 189(4) was amended by paragraph 109(c) of Schedule 7, and Schedule 8, to the Social Security Act 1998 and S.I. 2013/252. Section 189(6) was amended by S.I. 2013/252.

1Citation, commencement and extent
2Amendment of the Social Security (Claims and Payments) Regulations 1987
3Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
Signature
Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Social Security Benefits (Claims and Payments) (Amendment) Regulations 2021 and come into force on 18th October 2021.

(2)

Regulation 2 extends—

(a)

to England and Wales in relation to the following benefits^f1—

(i)

disability living allowance;

(ii)

attendance allowance;

(iii)

severe disablement allowance;

(iv)

industrial injuries disablement benefit;

(v)

carer’s allowance;

(vi)

social fund payment in respect of maternity expenses;

(vii)

social fund funeral payment;

(viii)

social fund cold weather payment;

(ix)

social fund winter fuel payment.

(b)

to England and Wales and Scotland in relation to the other benefits to which the Social Security (Claims and Payments) Regulations 1987^f2 apply.

(3)

Regulation 3 extends as follows—

(a)

paragraph (1)—

(i)

in so far as it relates to paragraphs (2), (4) and (5), extends to England and Wales and Scotland;

(ii)

in so far as it relates to paragraph (3), extends to England and Wales;

(b)

paragraphs (2), (4) and (5) extend to England and Wales and Scotland;

(c)

paragraph (3) extends to England and Wales.

(4)

These Regulations do not extend to Northern Ireland.

2Amendment of the Social Security (Claims and Payments) Regulations 1987

After regulation 21 of the Social Security (Claims and Payments) Regulations 1987 insert—

“Payment of arrears of benefit by instalments

21ZA.

Except where regulation 23 applies, the Secretary of State may pay arrears of benefit in instalments where—

(a)
the Secretary of State considers it is necessary for protecting the interests of the beneficiary; and

(b)
the beneficiary agrees that those arrears may be paid in instalments.”.

3Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

(1)

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013^f1 are amended as follows.

(2)

In regulation 47 (payment of universal credit), after paragraph (6), insert—

“(6A)
The Secretary of State may pay arrears of universal credit in instalments where—

(a)
the Secretary of State considers it is necessary for protecting the interests of the claimant, or, in the case of joint claimants, either of the claimants; and

(b)
the claimant agrees, or in the case of joint claimants, both claimants agree, that those arrears may be paid in instalments.”.

(3)

In regulation 48 (payment of personal independence payment), after paragraph (3), insert—

“(4)
The Secretary of State may pay arrears of personal independence payment in instalments where—

(a)
the Secretary of State considers it is necessary for protecting the interests of the claimant; and

(b)
the claimant agrees that those arrears may be paid in instalments.”.

(4)

In regulation 51 (payment of an employment and support allowance), after paragraph (4), insert—

“(4A)
The Secretary of State may pay arrears of employment and support allowance in instalments where—

(a)
the Secretary of State considers it is necessary for protecting the interests of the claimant; and

(b)
the claimant agrees that those arrears may be paid in instalments.”.

(5)

In regulation 52 (payment of a jobseeker’s allowance), after paragraph (2), insert—

“(2A)
The Secretary of State may pay arrears of jobseeker’s allowance in instalments where—

(a)
the Secretary of State considers it is necessary for protecting the interests of the claimant; and

(b)
the claimant agrees that those arrears may be paid in instalments.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Thèrése Coffey

Secretary of State

Department for Work and Pensions

17th September 2021

Explanatory note

(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend, respectively, the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) to allow the Secretary of State to pay benefit arrears in instalments where the Secretary of State considers it to be in the interest of the person entitled to the benefit and that person agrees, or as the case may be, those persons agree, to payment of the arrears in that manner.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.