Schedule 4 PRESCRIBED TIMES FOR CLAIMING BENEFIT

England, Wales and Scotland

Description of benefit	Prescribed time for claiming benefit
For the purposes of this Schedule– “actual date of confinement” means the date of the F1birth of the child or, if the woman is confined of twins or a greater number of children, the date of the birth of the last of them; and “confinement” means labour resulting in the F2birth of a living child, or labour after F324 weeks of pregnancy resulting in the birth of a child whether alive or dead.
(1)	(2)
F41 Jobseeker’s allowance.	1 The first day of the period in respect of which the claim is made.
F52 Incapacity benefit or severe disablement allowance.	2 The day in respect of which the claim is made and the period of F63 months immediately following it.
3 Disablement benefit (not being an increase of benefit).	3 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
4 Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.	4 As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
5 Reduced earnings allowance.	5 As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one per cent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.
6 Income support.	6 The first day of the period in respect of which the claim is made.
7 F7Working families' tax credit.	7 (a) Where working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award; (aa) F8Where F9disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance; (b) subject to F10(a) and (aa) , the first day of the period in respect of which the claim is made. F11(c) where a claim for working families' tax credit is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.
8 Social fund payment in respect of maternity expenses.	8 The period beginning 11 weeks before the first day of the expected week of confinement and ending F126 months after– F13(a) In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 6 months after the actual date of confinement. (b) F14In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date on which the claimant becomes responsible for the child and ending 6 months after that date. (c) In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 6 months after that date. (d) In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 6 months after that date. (e) In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 6 months after that date. (f) In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption— (i) takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or (ii) is recognised under section 66(1)(e), of the Adoption and Children Act 2002, and ending 6 months after that date.
9 Social fund payment in respect of funeral expenses.	F159 The period beginning with the date of the death and ending F166 months after the date of the funeral
9A F17...	9A ...
10 Increase of disablement benefit under F18section 60 of the Social Security Act 1975 on grounds of special hardship or section 62 of the Social Security Act 1975 M1 on the grounds of receipt of hospital treatment.	10 As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.
F1911 F20Disabled persons' tax credit .	11 (a) Where disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award; (b) where F21working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of working families' tax credit; (d) where a claim for disabled persons' tax credit is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.
12 F22...	12 ...
F2313. Retirement pension of any category F24or state pension under Part 1 of the Pensions Act 2014.	13 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.
14. Graduated retirement benefit.	14 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.
F2515 Shared additional pension	15 As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.
16 F26Employment and support allowance	16 F27The day in respect of which the claim is made and the period of three months immediately following it.

Annotations

Textual amendments

F1: Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(3)
F2: Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(4)(b)
F3: Word in Sch. 4 substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(4)(a)
F4: Sch. 4 para. 1 substituted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(22)
F5: Sch. 4 para. 2 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 12
F6: Words in Sch. 4 para. 2 substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 7
F7: Words in Sch. 4 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V
F8: Sch. 4 para. 7(aa) inserted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(a)
F9: Words in Sch. 4 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI
F10: Words in Sch. 4 para. 7 substituted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(a)
F11: Words in Sch. 4 para. 7 inserted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1(1), 10
F12: Words in Sch. 4 para. 8 substituted (18.10.2018) by The Social Security (Claims and Payments) (Social Fund Maternity Grant) (Amendment) Regulations 2018 (S.I. 2018/989), regs. 1, 2
F13: Sch. 4 para. 8 entry substituted (13.12.2010) by The Social Fund Maternity Grant Amendment Regulations 2010 (S.I. 2010/2760), regs. 1, 3(2)
F14: Words in Sch. 4 para. 8 substituted (24.1.2011) by The Social Fund Maternity Grant Amendment Regulations 2011 (S.I. 2011/100), regs. 1(1), 4
F15: Words in Sch. 4 para. 9 substituted (7.10.1996) by The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996 (S.I. 1996/2306), regs. 1(1), 6
F16: Words in Sch. 4 para. 9 substituted (2.4.2018) by The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 2(4)
F17: Sch. 4 para. 9A omitted (1.11.1991) by virtue of The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 11
F18: Words in Sch. 4 para. 10 inserted (11.4.1988) by The Social Security (Claims and Payments) Amendment Regulations 1988 (S.I. 1988/522), regs. 1(1), 9
F19: Sch. 4 para. 11 inserted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 26(b)
F20: Words in Sch. 4 para. 11 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI
F21: Words in Sch. 4 para. 11 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V
F22: Sch. 4 para. 12 omitted (6.10.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008 (S.I. 2008/2424), regs. 1, 2(3)
F23: Sch. 4 paras. 13-14 added (6.4.2006) by The Social Security (Claims and Payments) Amendment Regulations 2005 (S.I. 2005/455), regs. 1(1)(c), 5 (with reg. 6)
F24: Words in Sch. 4 para. 13 inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(18)
F25: Sch. 4 para. 15 inserted (6.4.2006) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(b), 3(2) (with reg. 10)
F26: Words in Sch. 4 added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 25(a)
F27: Words in Sch. 4 inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 25(b)

Marginal citations

M1: 1975 c. 14. Section 62 was repealed from 6th April 1987 by paragraph 7 of Schedule 3 to the Social Security Act 1986 (c. 50) but its effect is preserved in relation to certain existing cases as mentioned in that paragraph.

Notes on the whole SI

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)