Explanatory note

These Regulations amend the Social Security (Claims and Payments) Regulations 1987, (“the Claims and Payment Regulations”), the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“the Decisions and Appeals Regulations”), the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (“the Housing Benefit Decisions and Appeals Regulations”), the Housing Benefit Regulations 2006 (“the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (“the Housing Benefit State Pension Credit Regulations”).

Regulation 2 amends the Claims and Payments Regulations as follows.

Paragraph (2) substitutes paragraph (da) of regulation 3 in connection with the circumstances in which there is no requirement to make a claim in relation to an award of a bereavement payment.

Paragraphs (3)(a) to (d) and (4)(a) amend regulations 4 and 6(1) so as to give the Secretary of State discretion to accept claims for income support or jobseeker’s allowance by telephone.

Paragraph (4)(b) amends regulation 6(21) so as to clarify the date on which a claim for a relevant benefit can be treated as made.

Paragraph (4)(c) amends regulation 6(33) so that the rules on backdating claims for adult or child dependency increases of carer’s allowance are identical to those on claims for carer’s allowance. The amendment also has the effect that carer’s allowance begins from the first pay day in the first benefit week that the qualifying benefit is awarded.

Paragraph (4)(d) substitutes regulation 6(34) so that under specified conditions the date of claim for carer’s allowance is treated as the date on which the current renewal award of the qualifying benefit became payable.

Paragraph (5) amends regulation 22(1) to enable long term benefits to be paid at intervals not exceeding 13 weeks in arrears.

Regulation 3 amends the Decisions and Appeals Regulations as follows.

Paragraph (2) amends regulation 3 to allow expressly for revision where after the original decision is made, a late or unpaid contribution is treated as paid at an earlier date.

Paragraph (3) amends regulation 6 to allow expressly for supersession where after the original decision is made, a late or unpaid contribution is treated as paid at an earlier date.

Paragraph (4) amends regulation 7 so as to—

• ensure that supersession is effective from the date the Secretary of State commenced action, as linked to the benefit week;

• permit a supersession to be made from the day after the last day that carer’s allowance was paid to a third party where the claimant is a disabled person’s partner;

• set out the date from which a decision which is superseded under the new regulation 6(2)(s) is to take effect;

• remove the requirement to identify the pay day before making a superseding decision; and

• clarify the effective supersession date where a claimant is no longer subject to the own occupation test as they have passed the personal capability assessment.

Regulation 4 amends the Housing Benefit Decisions and Appeals Regulations as follows.

Paragraph (2) amends regulation 11 so as to prescribe certain circumstances in which housing benefit payments may be suspended whilst an appeal is pending.

Paragraph (3) amends regulation 21 to permit a relevant authority to appoint a person to act for a deceased person in proceedings beyond the appeal tribunal stage.

Regulation 5 amends regulation 79(9) of the Housing Benefit Regulations so as to use terminology consistent with regulation 7(7) and 7(10) of those Regulations.

Regulation 6 makes the equivalent amendment to regulation 59(9) of the Housing Benefit State Pension Credit Regulations.

An impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.