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The Social Security (Claims and Payments) Regulations 1987 in England

S.I. 1987/1968 · Made 20 November 1987 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2026.

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

  1. Part I: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part II: CLAIMS
  5. 3Claims not required for entitlement to benefit in certain cases
  6. 3ANotification that claim not required for entitlement to a Category A or B retirement pension
  7. 4Making a claim for benefit
  8. 4AFurther provisions as to claims
  9. 4BForwarding claims and information
  10. 4ZCElectronic claims for benefit
  11. 4CElectronic claims for benefit
  12. 4DMaking a claim for state pension credit
  13. 4EMaking a claim before attaining the qualifying age
  14. 4FMaking a claim after attaining the qualifying age: date of claim
  15. 4GMaking a claim for employment and support allowance by telephone
  16. 4HMaking a claim for employment and support allowance in writing
  17. 4IClaims for employment and support allowance: supplemental
  18. 5Amendment and withdrawal of claim
  19. 6Date of claim
  20. 6AClaims by persons subject to work-focused interviews
  21. 7Evidence and information
  22. 8Attendance in person
  23. 9Interchange with claims for other benefits
  24. 10Claim for incapacity benefit, severe disablement allowance or employment and support allowance where no entitlement to statutory sick pay or statutory maternity pay
  25. 11Special provisions where it is certified that a woman is expected to be confined or where she has been confined
  26. 12Self-certified claims for first 7 days of a spell of incapacity for work
  27. 13Advance claims and awards
  28. 13AAdvance award of disability living allowance
  29. 13BAdvance claim for and award of disability working allowance
  30. 13CFurther claim for and award of disability living allowance or attendance allowance
  31. 13DAdvance claims for and awards of state pension credit
  32. 14Advance claim for and award of maternity allowance
  33. 15Advance notice of retirement and claim for and award of pension
  34. 15ACold weather payments Repealed
  35. 15BAdvance claim for pension following deferment
  36. 16Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate
  37. 16ADate of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate
  38. 17Duration of awards
  39. 18Duration of disallowance Repealed
  40. 19Time for claiming benefit
  41. Part III: PAYMENTS
  42. 20Time of payment: general provision
  43. 20APayment on presentation of an instrument for benefit payment Repealed
  44. 21Direct credit transfer
  45. 21ZAPayment of arrears of benefit by instalments
  46. 21ADelayed payment of lump sum
  47. 22Long term benefits
  48. 22A... Widowed mother’s allowance, widowed parent’s allowance and widow’s pension
  49. 22BPayment of ... widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate
  50. 22CRetirement pension
  51. 22CAState pension under Part 1 of the Pensions Act 2014
  52. 22DPayment of retirement pension at a daily rate
  53. 22DAPayment of state pension under Part 1 of the Pensions Act 2014 at a daily rate
  54. 23Child benefit and guardian’s allowance
  55. 24... Incapacity benefit, maternity allowance and severe disablement allowance
  56. 25Payment of attendance allowance and constant attendance allowance at a daily rate
  57. 26Income support
  58. 26AJobseeker’s allowance
  59. 26BState pension credit
  60. 26BAIntervals for payment of state pension credit
  61. 26CEmployment and support allowance
  62. 27Working families' tax credit and disabled persons' tax credit
  63. 28Fractional amounts of benefit
  64. 29Payment to a person under age 18
  65. 30Payments on death
  66. 30APayments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be traced
  67. 31Time and manner of payments of industrial injuries gratuities
  68. 32Information to be given and changes to be notified
  69. 32ZZAAlternative means of notifying changes of circumstances
  70. 32ZAInformation given electronically
  71. 32AInformation given electronically
  72. 32BInformation relating to awards of benefit
  73. Part IV: THIRD PARTIES
  74. 33Persons unable to act
  75. 34Payment to another person on the beneficiary's behalf
  76. 34ADeductions of mortgage interest which shall be made from benefit and paid to qualifying lenders Repealed
  77. 34BDeductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other cases Repealed
  78. 35Deductions which may be made from benefit and paid to third parties
  79. 35ATransitional provisions for persons in hostels or certain residential accommodation Repealed
  80. 36Payment to a partner as alternative payee
  81. 36AClaims for and payment of attendance allowance where section 35(2B) of the Act applies to a child Repealed
  82. Part V: ... EXTINGUISHMENT
  83. 37Suspension Repealed
  84. 37ASuspension in identical cases Repealed
  85. 37BWithholding payment of arrears of benefit Repealed
  86. 38Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period
  87. Part VI: MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN
  88. 39Claim and award for period beginning after the date on which the claim is received Repealed
  89. 40Claim received within 6 months after the end of a period for which allowance awarded Repealed
  90. 41Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to comply Repealed
  91. 42Cases where allowance not to be payable
  92. 43Children
  93. 44Payment of disability living allowance on behalf of a beneficiary
  94. 44ARecovery of expenses
  95. 45Power for the Secretary of State to terminate an arrangement
  96. 46Restriction on duration of arrangements by the Secretary of State
  97. Part VII: MISCELLANEOUS
  98. 47Instruments of payment
  99. 48Revocations
  100. Signature
  101. Schedule 1
  102. Ibenefit claimed and other benefit which may be treated as if claimed in addition or in the alternative
  103. Part II: interchange of claims for child benefit with claims for other benefits
  104. Paragraph
  105. Schedule 2: SPECIAL PROVISIONS RELATING TO CLAIMS FOR JOBSEEKER'S ALLOWANCE DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS
  106. 1Paragraph 1
  107. Schedule 3DURATION OF DISALLOWANCE Repealed
  108. Schedule 4PRESCRIBED TIMES FOR CLAIMING BENEFIT
  109. Schedule 5: MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4
  110. 1Unemployment benefit Repealed
  111. 2Sickness benefit etc claimed by hospital in-patient Repealed
  112. Schedule 6: DAYS FOR PAYMENT OF LONG TERM BENEFITS
  113. 1Attendance allowance and disability living allowance
  114. 2Guardian's allowance Repealed
  115. 3Industrial injuries benefit
  116. 4Carer’s allowance
  117. 5Retirement pension
  118. 5AShared additional pension
  119. 6Widowed mother's allowance and widow's pension Repealed
  120. 7Mobility allowance Repealed
  121. Schedule 7: TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES
  122. 1Manner of payment
  123. 2Time of payment
  124. 2ZATime of payment
  125. 2ATime of payment
  126. 3Paragraph 3
  127. 3AParagraph 3A
  128. 4Paragraph 4
  129. 5Payment of small amounts of income support
  130. 6Commencement of entitlement to income support
  131. 7Date from which superseding decision on ground of change of circumstances takes effect Repealed
  132. Schedule 8: ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. 5Paragraph 5
  138. 6Paragraph 6
  139. 7Paragraph 7
  140. Schedule 9: DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES
  141. 1Interpretation
  142. 2General
  143. 3Housing costs
  144. 4Miscellaneous accommodation costs
  145. 4AHostel payments
  146. 5Service charges for fuel, and rent not falling within paragraph 2(1)(a)
  147. 6Fuel costs
  148. 7Water charges
  149. 7APayments in place of payments of child support maintenance Repealed
  150. 7BArrears of child support maintenance Repealed
  151. 7CEligible loans
  152. 7DIntegration loans
  153. 7ETax credits overpayment debts and self-assessment debts
  154. 8Maximum amount of payments to third parties
  155. 9Priority as between certain debts
  156. Schedule 9A: DEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS Repealed
  157. 1Interpretation Repealed
  158. 2Specified circumstances for the purposes of regulation 34A Repealed
  159. 2ASpecified circumstances for the purposes of regulation 34B Repealed
  160. 3Specified part of relevant benefit Repealed
  161. 4Direct payment: more than one loan Repealed
  162. 4AApplication of payment where it exceeds borrower’s actual mortgage interest Repealed
  163. 5Relevant benefits Repealed
  164. 6Time and manner of payments Repealed
  165. 7Fees payable by qualifying lenders Repealed
  166. 8Qualifying lenders Repealed
  167. 9Election not to be regarded as a qualifying lender Repealed
  168. 10Provision of information Repealed
  169. 11Recovery of sums wrongly paid Repealed
  170. Schedule 9B: DEDUCTIONS FROM BENEFIT IN RESPECT OF CHILD SUPPORT MAINTENANCE AND PAYMENT TO PERSONS WITH CARE
  171. 1Interpretation
  172. 2Deductions
  173. 3Arrears
  174. 4Apportionment
  175. 5Flat rate maintenance
  176. 6Flat rate maintenance (polygamous marriage)
  177. 7Notice
  178. 8General
  179. Schedule 9ZC: ELECTRONIC COMMUNICATION
  180. Part 1: INTRODUCTION
  181. 1Interpretation
  182. Part 2: ELECTRONIC COMMUNICATION – GENERAL PROVISIONS
  183. 2Conditions for the use of electronic communication
  184. 3Use of intermediaries
  185. Part 3: ELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS
  186. 4Effect of delivering information by means of electronic communication
  187. 5Proof of identify of sender or recipient of information
  188. 6Proof of delivery of information
  189. 7Proof of content of information
  190. Schedule 9C: ELECTRONIC COMMUNICATION
  191. Part 1: INTRODUCTION
  192. 1Interpretation
  193. Part 2: ELECTRONIC COMMUNICATION—GENERAL PROVISIONS
  194. 2Conditions for the use of electronic communication
  195. 3Use of intermediaries
  196. Part 3: ELECTRONIC COMMUNICATION—EVIDENTIAL PROVISIONS
  197. 4Effect of delivering information by means of electronic communication
  198. 5Proof of identity of sender or recipient of information
  199. 6Proof of delivery of information
  200. 7Proof of content of information
  201. Schedule 10REVOCATIONS
  202. Explanatory note