Regulation 2 Amendment of the Social Security (Claims and Payments) RegulationsI1

omit “or” after sub-paragraph (i); and

after sub-paragraph (ii) add—

“or

(iii)

the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension at the date of death;”.

in paragraph (6A)(d)^f4 for “or incapacity benefit” substitute “, incapacity benefit or an employment and support allowance”;

for paragraph (7)^f5 substitute—

“(7)

If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B)^f6 where that paragraph applies—

(a)

the Department shall advise the claimant of the defect; and

(b)

if a properly completed claim is received within one month, or such longer period as the Department may consider reasonable, from the date on which the claimant is advised of the defect, the Department shall treat the claim as properly made in the first instance.

(7ZA)

If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being—

(a)

the Department may supply the claimant with the approved form; and

(b)

if the form is received properly completed within one month, or such longer period as the Department may consider reasonable, from the date on which the claimant is supplied with the approved form, the Department shall treat the claim as properly made in the first instance.”;

in paragraph (10)^f7 after “state pension credit or” insert “, subject to regulation 6(1D),”;

in paragraph (11A)^f8 for “which the Department accepts for the purposes of making a telephone claim” substitute “for which the Department accepts telephone claims, or in any other case where the Department is willing to do so”;

for paragraphs (12) and (13)^f9 substitute—

“(12)

A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Department is provided with all the information required to determine the claim and the claim is defective if not so completed.

(13)

Where a claim made by telephone is defective—

(a)

in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;

(b)

in the case of a claim for income support, paragraph (7A)^f10 applies; and

(c)

in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,

except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.”; and

omit paragraph (14).

in paragraph (1)^f11—

in paragraph (1A)^f12—

for paragraph (1D)^f13 substitute—

“(1D)

In the case of a claim for an employment and support allowance, the date on which the claim is made or treated as made shall be the first date on which—

(a)

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

(b)

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

(c)

the Department is notified of an intention to claim and within one month or such longer period as the Department 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 4G(3),

or the first day in respect of which the claim is made, if later.

(1E)

In paragraph (1D) “properly completed” has the meaning assigned by regulation 4(8)^f14 in the case of a written claim and 4(12) in the case of a telephone claim.”;

in paragraph (4ZC)^f15 in sub-paragraphs (a) and (b) after “an appropriate office” insert “or a claim made by telephone is properly completed”;

in paragraph (4A)(b)^f16 in heads (i) and (ii) after “an appropriate office” insert “or a claim made by telephone is properly completed”; and

in paragraph (4AA)^f17 after “shall be provided” insert “or made”, and

after paragraph (4AA) insert—

“(4AB)

The Department may direct that the time for providing or making a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.”.

in head (a) for “he” substitute “the beneficiary”;

for head (b) substitute—

“(b)

either the beneficiary or the beneficiary’s partner—

(i)

is resident in a hostel and has claimed housing benefit, or

(ii)

is resident in premises provided and maintained by virtue of Article 4(2) of the Probation Board (Northern Ireland) Order 1982^f20; and”;

omit head (c); and

in head (d) after “that hostel” insert “or those premises, as the case may be,”.