The Social Security (Claims and Payments) Regulations 1987
S.I. 1987/1968 · Made 20 November 1987 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 20th November 1987
Coming into force 11th April 1988
Whereas a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament:
Now therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 165A and 166(2) of the Social Security Act 1975 M1, section 6(1) of the Child Benefit Act 1975 M2, sections 21(7), 51(1)(a) to (s), 54(1) and 84(1) of the Social Security Act 1986 M3 and, as regards the revocations set out in Schedule 10 to this instrument, the powers specified in that Schedule, and all other powers enabling him in that behalf, by this instrument which contains only regulations made under the sections of the Social Security Act 1986 specified above and provisions consequential on those sections and which is made before the end of a period of 12 months from the commencement of those sections, makes the following RegulationsF1:–C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22
Annotations to the whole text
Textual amendments
- F1
Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)
Marginal citations
- M1
1975 c. 14. Section 165A was substituted by paragraph 87 of Schedule 10 to the Social Security Act 1986 and section 166(2) is applied to powers to make regulations under that Act by section 83(1) of that Act.
- M2
1975 c. 61. Section 6(1) was amended by paragraph 96 of Schedule 10 to the Social Security Act 1986.
- M3
1986 c. 50; section 51 has effect, by Schedule 7, paragraph 3, in relation to benefits under earlier Acts as well as benefits specified in section 51(2); and section 84(1) is cited because of the meaning which it ascribes to the words “prescribed” and “regulations”.
Modifications
- C1
Instrument modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)
- C2
Instrument applied (5.10.2009) by The Flexible New Deal (Miscellaneous Provisions) Order 2009 (S.I. 2009/1562), reg. 2(1)(c), Sch.
- C3
Instrument applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(e)(iii)(3) (with reg. 3)
- C4
Instrument applied (24.4.2013) by The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (S.I. 2013/983), art. 5(1); (as amended) (16.6.2014) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), arts. 3, 7; (as amended) (26.1.2015) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/32), arts. 3(1), 4(4)
- C5
Instrument excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), reg. 13(2)(b)(ii)
- C6
Instrument applied (for specified purposes and with application in accordance with of the amending S.I.) by The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/1452), art. 3(5)-(7)
- C7
Instrument applied by SI 2013/983 art. 5A(3) (as substituted (15.9.2014) by The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/2321), art. 7(b))
- C8
Instrument applied (10.2.2015) by The Welfare Reform Act 2012 (Commencement No. 22 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/101), art. 2(6)-(8)
- C9
Instrument applied (10.3.2015) by The Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/634), art. 2(3)
- C10
Instrument applied (20.7.2015) by The Welfare Reform Act 2012 (Commencement No. 24 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2015 (S.I. 2015/1537), art. 2(5)-(7)
- C11
Instrument applied (23.11.2015) by The Welfare Reform Act 2012 (Commencement No. 25 and Transitional and Transitory Provisions) Order 2015 (S.I. 2015/1930), art. 2(3)
- C12
Instrument applied (14.1.2016) by The Welfare Reform Act 2012 (Commencement No. 26 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/33), art. 2(3)
- C13
Instrument applied (21.3.2016) by The Welfare Reform Act 2012 (Commencement No. 27 and Transitional and Transitory Provisions and Commencement No. 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/407), art. 2(3)
- C14
Instrument applied (23.5.2016) by The Welfare Reform Act 2012 (Commencement No. 13, 14, 16, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/596), art. 2(4) (with art. 2(5)(6))
- C15
Instrument applied (29.9.2016) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016 (S.I. 2016/963), art. 2(4) (with art. 2(5)(6))
- C16
Instrument applied (25.1.2017) by The Welfare Reform Act 2012 (Commencement No. 11, 13, 16, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/57), art. 2(4) (with art. 2(5)(6))
- C17
Instrument applied (24.4.2017) by The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/584), art. 2(4) (with art. 2(5)(6))
- C18
Instrument applied (19.5.2017) by The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/664), art. 2(4) (with art. 2(5)(6))
- C19
Instrument applied (28.9.2017) by The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017 (S.I. 2017/952), art. 2(3)-(5)
- C20
Instrument applied (2.2.2018) by The Welfare Reform Act 2012 (Commencement No. 9, 21 and 23 (Amendment), Commencement No. 11, 13, 17, 19, 22, 23 and 24 (Modification), Transitional and Transitory Provisions) Order 2018 (S.I. 2018/138), art. 2(3)-(5)
- C21
Instrument applied (26.4.2018) by The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2018 (S.I. 2018/532), art. 2(3)-(5)
- C22
Instrument applied (19.7.2018) by The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification) (No. 2)) Order 2018 (S.I. 2018/881), art. 2(3)-(5)
Contents
- Part I: GENERAL
- 1Citation, commencement and application
- 2Interpretation
- Part II: CLAIMS
- 3Claims not required for entitlement to benefit in certain cases
- 3ANotification that claim not required for entitlement to a Category A or B retirement pension
- 4Making a claim for benefit
- 4AFurther provisions as to claims
- 4BForwarding claims and information
- 4ZCElectronic claims for benefit
- 4CElectronic claims for benefit
- 4DMaking a claim for state pension credit
- 4EMaking a claim before attaining the qualifying age
- 4FMaking a claim after attaining the qualifying age: date of claim
- 4GMaking a claim for employment and support allowance by telephone
- 4HMaking a claim for employment and support allowance in writing
- 4IClaims for employment and support allowance: supplemental
- 5Amendment and withdrawal of claim
- 6Date of claim
- 6AClaims by persons subject to work-focused interviews
- 7Evidence and information
- 8Attendance in person
- 9Interchange with claims for other benefits
- 10Claim for incapacity benefit, severe disablement allowance or employment and support allowance where no entitlement to statutory sick pay or statutory maternity pay
- 11Special provisions where it is certified that a woman is expected to be confined or where she has been confined
- 12Self-certified claims for first 7 days of a spell of incapacity for work
- 13Advance claims and awards
- 13AAdvance award of disability living allowance
- 13BAdvance claim for and award of disability working allowance
- 13CFurther claim for and award of disability living allowance or attendance allowance
- 13DAdvance claims for and awards of state pension credit
- 14Advance claim for and award of maternity allowance
- 15Advance notice of retirement and claim for and award of pension
- 15ACold weather payments Repealed
- 15BAdvance claim for pension following deferment
- 16Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
- 16ADate of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate
- 17Duration of awards
- 18Duration of disallowance Repealed
- 19Time for claiming benefit
- Part III: PAYMENTS
- 20Time of payment: general provision
- 20APayment on presentation of an instrument for benefit payment Repealed
- 21Direct credit transfer
- 21ZAPayment of arrears of benefit by instalments
- 21ZBPayment of arrears of benefit by instalments
- 21ADelayed payment of lump sum
- 22Long term benefits
- 22A... Widowed mother’s allowance, widowed parent’s allowance and widow’s pension
- 22BPayment of ... widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate
- 22CRetirement pension
- 22CAState pension under Part 1 of the Pensions Act 2014
- 22DPayment of retirement pension at a daily rate
- 22DAPayment of state pension under Part 1 of the Pensions Act 2014 at a daily rate
- 23Child benefit and guardian’s allowance
- 24... Incapacity benefit, maternity allowance and severe disablement allowance
- 25Payment of attendance allowance and constant attendance allowance at a daily rate
- 26Income support
- 26AJobseeker’s allowance
- 26BState pension credit
- 26BAIntervals for payment of state pension credit
- 26CEmployment and support allowance
- 27Working families' tax credit and disabled persons' tax credit
- 28Fractional amounts of benefit
- 29Payment to a person under age 18
- 30Payments on death
- 30APayments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be traced
- 31Time and manner of payments of industrial injuries gratuities
- 32Information to be given and changes to be notified
- 32ZZAAlternative means of notifying changes of circumstances
- 32ZAInformation given electronically
- 32AInformation given electronically
- 32BInformation relating to awards of benefit
- Part IV: THIRD PARTIES
- 33Persons unable to act
- 34Payment to another person on the beneficiary's behalf
- 34ADeductions of mortgage interest which shall be made from benefit and paid to qualifying lenders Repealed
- 34BDeductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other cases Repealed
- 35Deductions which may be made from benefit and paid to third parties
- 35ATransitional provisions for persons in hostels or certain residential accommodation Repealed
- 36Payment to a partner as alternative payee
- 36AClaims for and payment of attendance allowance where section 35(2B) of the Act applies to a child Repealed
- Part V: ... EXTINGUISHMENT
- 37Suspension Repealed
- 37ASuspension in identical cases Repealed
- 37BWithholding payment of arrears of benefit Repealed
- 38Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period
- Part VI: MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN
- 39Claim and award for period beginning after the date on which the claim is received Repealed
- 40Claim received within 6 months after the end of a period for which allowance awarded Repealed
- 41Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to comply Repealed
- 42Cases where allowance not to be payable
- 43Children
- 44Payment of disability living allowance on behalf of a beneficiary
- 44ARecovery of expenses
- 45Power for the Secretary of State to terminate an arrangement
- 46Restriction on duration of arrangements by the Secretary of State
- Part VII: MISCELLANEOUS
- 47Instruments of payment
- 48Revocations
- Signature
- Schedule 1
- Ibenefit claimed and other benefit which may be treated as if claimed in addition or in the alternative
- Part II: interchange of claims for child benefit with claims for other benefits
- Paragraph
- Schedule 2: SPECIAL PROVISIONS RELATING TO CLAIMS FOR JOBSEEKER'S ALLOWANCE DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS
- 1Paragraph 1
- Schedule 3DURATION OF DISALLOWANCE Repealed
- Schedule 4PRESCRIBED TIMES FOR CLAIMING BENEFIT
- Schedule 5: MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4
- 1Unemployment benefit Repealed
- 2Sickness benefit etc claimed by hospital in-patient Repealed
- Schedule 6: DAYS FOR PAYMENT OF LONG TERM BENEFITS
- 1Attendance allowance and disability living allowance
- 2Guardian's allowance Repealed
- 3Industrial injuries benefit
- 4Carer’s allowance
- 5Retirement pension
- 5AShared additional pension
- 6Widowed mother's allowance and widow's pension Repealed
- 7Mobility allowance Repealed
- Schedule 7: TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES
- 1Manner of payment
- 2Time of payment
- 2ZATime of payment
- 2ATime of payment
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Payment of small amounts of income support
- 6Commencement of entitlement to income support
- 7Date from which superseding decision on ground of change of circumstances takes effect Repealed
- Schedule 8: ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 9: DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES
- 1Interpretation
- 2General
- 3Housing costs
- 4Miscellaneous accommodation costs
- 4AHostel payments
- 5Service charges for fuel, and rent not falling within paragraph 2(1)(a)
- 6Fuel costs
- 7Water charges
- 7APayments in place of payments of child support maintenance Repealed
- 7BArrears of child support maintenance Repealed
- 7CEligible loans
- 7DIntegration loans
- 7ETax credits overpayment debts and self-assessment debts
- 8Maximum amount of payments to third parties
- 9Priority as between certain debts
- Schedule 9A: DEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS Repealed
- 1Interpretation Repealed
- 2Specified circumstances for the purposes of regulation 34A Repealed
- 2ASpecified circumstances for the purposes of regulation 34B Repealed
- 3Specified part of relevant benefit Repealed
- 4Direct payment: more than one loan Repealed
- 4AApplication of payment where it exceeds borrower’s actual mortgage interest Repealed
- 5Relevant benefits Repealed
- 6Time and manner of payments Repealed
- 7Fees payable by qualifying lenders Repealed
- 8Qualifying lenders Repealed
- 9Election not to be regarded as a qualifying lender Repealed
- 10Provision of information Repealed
- 11Recovery of sums wrongly paid Repealed
- Schedule 9B: DEDUCTIONS FROM BENEFIT IN RESPECT OF CHILD SUPPORT MAINTENANCE AND PAYMENT TO PERSONS WITH CARE
- 1Interpretation
- 2Deductions
- 3Arrears
- 4Apportionment
- 5Flat rate maintenance
- 6Flat rate maintenance (polygamous marriage)
- 7Notice
- 8General
- Schedule 9ZC: ELECTRONIC COMMUNICATION
- Part 1: INTRODUCTION
- 1Interpretation
- Part 2: ELECTRONIC COMMUNICATION – GENERAL PROVISIONS
- 2Conditions for the use of electronic communication
- 3Use of intermediaries
- Part 3: ELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS
- 4Effect of delivering information by means of electronic communication
- 5Proof of identify of sender or recipient of information
- 6Proof of delivery of information
- 7Proof of content of information
- Schedule 9C: ELECTRONIC COMMUNICATION
- Part 1: INTRODUCTION
- 1Interpretation
- Part 2: ELECTRONIC COMMUNICATION—GENERAL PROVISIONS
- 2Conditions for the use of electronic communication
- 3Use of intermediaries
- Part 3: ELECTRONIC COMMUNICATION—EVIDENTIAL PROVISIONS
- 4Effect of delivering information by means of electronic communication
- 5Proof of identity of sender or recipient of information
- 6Proof of delivery of information
- 7Proof of content of information
- Schedule 10REVOCATIONS
- Explanatory note