Regulation 6 Date of claim

in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office;

in the case of a claim for—

• F4F5... ;

• F6... ;

• jobseeker’s allowance if first notification is received before 6th October 1997; or

• income support if first notification is received before 6th October 1997;

the date on which that notification is received; and

the first date on which that claim could have been made in accordance with these Regulations;

in the case of a claim which does not meet the requirements of regulation 4(1) but which is treated, under regulation 4(7) as having been F7properly made, the date on which the claim was received in an appropriate office in the first instance.

in the case of a claim made by telephone in accordance with F9regulation 4(11) or (11A), the date F10the claim is properly completed;

in the case of a claim made by telephone which is defective but which is treated, under F114(13)(a) as having been properly made, the date of that telephone call.

paragraph (1) shall apply in relation to a claim received at an office specified in that regulation as it applies in relation to a claim received at an appropriate office; and

paragraph (1A) shall apply in relation to an office specified in that regulation as it applies in relation to an appropriate office.

subject to the following sub-paragraphs, the date on which a claim is made shall be the date on which a properly completed claim is received in an appropriate office F14or a claim made by telephone is properly completed or the first day in respect of which the claim is made if later;

where a properly completed claim is received in an appropriate office or a claim made by telephone is properly completed within one month of first notification of intention to make that claim, the date of claim shall be the date on which that notification is F15made or is deemed to be made or the first day in respect of which the claim is made if later;

a notification of intention to make a claim will be deemed to be made on the date when an appropriate office receives—

where the claimant is entitled to that credit on the date on which that notification is received (“the notification date”) and the first day of the period in respect of which that claim is made is on or before the notification date, the date on which a claim is made shall be the notification date; or

where the claimant is not entitled to that credit on the notification date but becomes so entitled before the date on which the claim is received, the date on which a claim is made shall be—

in the case of working families' tax credit, within the period specified opposite that credit at paragraphs (a) or (aa) in column (2) of Schedule 4; or

in the case of disabled person’s tax credit, within the period specified opposite that credit in paragraphs (a) or (b) in column (2) of Schedule 4.

a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3);

a defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 4G(5) in the case of a telephone claim, or 4H(7) in the case of a written claim; or

the Secretary of State is notified of an intention to claim and within one month or such longer period as the Secretary of State considers reasonable of first notification, a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3),

if each member subsequently attends for the purpose of jointly claiming a jobseeker’s allowance at the time and place specified by the employment officer and complies with the requirements of paragraph (4AA)(a), the claim shall be treated as made on whichever is the later of the first notification of intention to make that claim and the first day in respect of which the claim is made;

if, without good cause, either member fails to attend for the purpose of jointly claiming a jobseeker’s allowance at either the time or place so specified or does not comply with the requirements of paragraph (4AA)(a), the claim shall be treated as made on the first day on which a member of the couple attends at the specified place and complies with the requirements of paragraph (4AA)(a).

subject to the following sub-paragraphs, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office F33or a claim made by telephone is properly completed or the first day in respect of which the claim is made, if later, provided the member of the couple who is required to attend under regulation 4(6)(a) does so attend;

where a properly completed form is received in an appropriate office or a claim made by telephone is properly completed within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification;

if, without good cause, the member of the couple who is required to attend under regulation 4(6)(a) fails to attend for the purpose of making a claim at either the time or place so specified or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which that member does attend at that place and does provide a properly completed claim.

if he is required to attend under regulation 4(6)(a)—

if under regulation 4(6)(a) the employment officer directs that he is not required to attend—

in a case to which paragraph (4ZA) applies, at or before the time when a member of the joint-claim couple is first required to attend for the purpose of making a claim for a jobseeker’s allowance;

in any other case, at or before the time when the person making the claim for a jobseeker’s allowance is required to attend for the purpose of making a claim.

where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker’s allowance; or

where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker’s allowance,

on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 1987 been £6,000; and

a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;

the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;

the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.

a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and

in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and

within the time specified the claim form properly completed is received in an appropriate office,

on the date of the original claim; or

on the first date in respect of which the qualifying benefit was payable,

the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;

at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;

after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and

the further claim for disabled persons' tax credit was made within three months of the date that the claim for the qualifying benefit was determined.

on the date of the original claim; or

on the first date in respect of which the qualifying benefit was F65awarded,

in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in any case, that the claimant F67, a member of his family or the disabled person had not been awarded a qualifying benefit.

F68a claim for the qualifying benefit was made not later than 10 working days after the date of the original claim and the claim for the qualifying benefit had not been decided;

after the original claim had been decided the claim for the qualifying benefit had been decided in favour of the claimant, a member of his family or the disabled person; and

the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.

on the date of termination of the original award; or

on the first date in respect of which the qualifying benefit F70is F71awarded or F72re-awarded or becomes payable again,

that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal F74, determination of entitlement or termination of an award for a fixed period in such a way as to affect the original award; F75...

at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided; F76or

that the qualifying benefit has ceased to be payable in accordance with—

after the original award has been terminated the claim for the qualifying benefit is decided in F85favour of the claimant, a member of his family or the disabled person; or

F86the qualifying benefit is re-awarded following revision, supersession F87, determination of entitlement or appeal; or

the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or

the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and

benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;

income support;

a jobseeker’s allowance;

a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

child benefit;

state pension credit

in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;

in relation to invalid care allowance F95or carer’s allowance, as the case may be, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;

in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in F96regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005;

any other relevant benefit F97or F98Scottish disability or carer benefit which F99, when it is awarded or re-awarded, has the effect of making another relevant benefit payable or payable at an increased rate;

on the date on which entitlement to incapacity benefit ceased; or

on the first date in respect of which the qualifying benefit was payable,

entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;

at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;

after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and

the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.

the claimant had previously made a claim for income support or jobseeker’s allowance (“the original claim”);

the original claim was refused on the ground that the claimant or his partner was in remunerative work; and

the claim for working families' tax credit or disabled persons' tax credit was made within 14 days of the date that the original claim was determined,

the claimant had previously made a claim for F109working tax credit (“the original claim”);

the original claim was refused on the ground that the claimant or his partner was not in remunerative work F110for the purposes of that tax credit; and

the claim for income support or jobseeker’s allowance was made within 14 days of the date that the original claim was determined,

a claimant was awarded income support or income-based jobseeker’s allowance (“the original award”);

the original award was terminated and F115... the claimant, a member of his family or the disabled person claimed a qualifying benefit; and

the claimant makes a further claim for income support or income-based jobseeker’s allowance within 3 months of the date on which the claim for the qualifying benefit was decided,

a person—

in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001, (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse F118or civil partner;

in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

the person claims a Category A or, as the case may be, a Category B retirement pension,

1^st October 1998; or

the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse F119or civil partner attained pensionable age,

the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or

the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),

on a claim;

on revision F123, determination of entitlement or supersession; or

on appeal whether by F124the First-tier Tribunal, the Upper Tribunal or the court,

on or after 8th March 2001, the claimant had an award of that benefit;

the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Great Britain to an EEA state or Switzerland;

that superseding decision was confirmed on appeal; and

the claimant has not received an extra-statutory payment in respect of the benefit being claimed.

on or after 8th March 2001, the claimant had an award of that benefit;

the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of—

the claimant has not received an extra-statutory payment in respect of that allowance.

“determination of entitlement” has the meaning given in section 25 of the Social Security (Scotland) Act 2018;

“F130Scottish disability or carer benefit” means, as the context requires, F131any of the following benefits—