Regulation 16 Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate

For the purpose only of determining the day from which benefit is to become payable, where a benefit other than one of those specified in paragraph (4) is awarded for a period of a week, or weeks, and the earliest date on which entitlement would otherwise commence is not the first day of a benefit week, entitlement shall begin on the first day of the benefit week next following.

Where a claim for F2working families' tax credit is made in accordance with paragraph 7(a) F3or (aa) of Schedule 4 for a period following the expiration of an existing award of working families' tax credit or F4disabled persons' tax credit, entitlement shall begin on the day after the expiration of that award.

Where a claim for working families' tax credit F5or disabled persons' tax credit, is made on or after the date when an up-rating order is made under F6section 150 of the Social Security Administration Act 1992, but before the date when that order comes into force, and—

entitlement shall begin from the date the up-rating order comes into force.

Where a claim for disabled persons' tax credit is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of disabled persons' tax credit or working families' tax credit, entitlement shall begin on the day after the expiration of that award.

Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.

Except in a case where regulation 22DA applies, for the purpose only of determining the day from which state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.

Where there is a change in the rate of any benefit to which paragraph (1) applies F10(other than widowed mother’s allowance and widow’s pension) the change, if it would otherwise take effect on a day which is not the F11first day of the benefit week for that benefit, shall take effect from the first day of the benefit week next following.

Subject to paragraph (2B), where there is a change in the rate of F13... widowed mother’s allowance, widowed parent’s allowance or widow’s pension, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the first day of the benefit week next following.

Paragraph (2A) shall not apply in a case where an award of benefit is terminated and benefit is paid in arrears.

Where a benefit specified in paragraph (2A) is paid in advance and the award is terminated, the termination, if it would otherwise take effect on a day which is not the first day of a benefit week, shall take effect on the first day of the benefit week next following.

F15Where an award of retirement pension is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.

Except in a case where F16paragraph (2F) or regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act (annual up-rating of benefits, basic pension etc.) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.

Except in a case where paragraph (2H) applies, where—

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

Where—

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.

For the purposes of this regulation the first day of the benefit week—

The benefits specified for exclusion from the scope of paragraph (1) are F28jobseeker’s allowance, F29incapacity benefitF30, employment and support allowance, maternity allowance, F31... severe disablement allowance, income support F32, state pension creditF33, F34bereavement support payment, widowed parent’s allowanceF35, retirement pension payable in arrears under regulation 22CF36, state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA ... and any increase of those benefits.