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Regulation 5 Change affecting other benefit payment or advantageC1

England, Wales and Scotland

(1)

F1Subject to F2paragraphs (1ZZA) and (1ZA), where the benefit or other payment or advantage affected by the change of circumstances is not a jobseeker’s allowance, housing benefit or council tax benefit, notice must be given F3...to the Secretary of State F4at the appropriate office—

  1. (a)

    in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

  2. (b)

    in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)

F5(1ZZA)

In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

(a)

where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b)

where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

F6(1ZA)

Where this paragraph applies, where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

(F71ZB)

Paragraph (1ZA) applies in relation to—

(a)

attendance allowance;

(b)

carer’s allowance;

(c)

disability living allowance;

(d)

an employment and support allowance;

(F8da)

incapacity benefit;

(e)

income support.

(F9f)

retirement pension;

(F10fa)

a state pension under Part 1 of the Pensions Act 2014;

(g)

state pension credit.

F11(1A)

The reference in paragraph (1) to notice “in writing” includes where that notice relates to child benefit, notice given or sent in accordance with Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

F12(2)

In this regulation—

  • “the appropriate office” has the same meaning as in the Social Security (Claims and Payments) Regulations 1987;

  • “relevant authority” has the same meaning as in regulation 4(2).

Annotations

Textual amendments

F1

Words in reg. 5(1) inserted (5.4.2010) by Social Security (Notification of Changes of Circumstances) Regulations 2010 (S.I. 2010/444), regs. 1, 4(4)(a)

F2

Words in reg. 5(1) substituted (20.6.2011) by Social Security (Electronic Communications) Order 2011 (S.I. 2011/1498), arts. 1(1), 6(3)(a)

F3

Words in reg. 5(1) omitted (6.1.2004) by virtue of Social Security (Notification of Change of Circumstances) Regulations 2003 (S.I. 2003/3209), regs. 1, 3(a)

F4

Words in reg. 5(1) substituted (6.1.2004) by Social Security (Notification of Change of Circumstances) Regulations 2003 (S.I. 2003/3209), regs. 1, 3(b)

F5

Reg. 5(1ZZA) inserted (5.4.2010) by Social Security (Notification of Changes of Circumstances) Regulations 2010 (S.I. 2010/444), regs. 1, 4(4)(b)

F6

Reg. 5(1ZA)(1ZB) inserted (1.12.2003) by Social Security (Electronic Communications) (Carer's Allowance) Order 2003 (S.I. 2003/2800), arts. 1(1), 3

F7

Reg. 5(1ZB) substituted (20.6.2011) by Social Security (Electronic Communications) Order 2011 (S.I. 2011/1498), arts. 1(1), 6(3)(b)

F8

Reg. 5(1ZB)(da) inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 3(3)(a)

F9

Reg. 5(1ZB)(f)(g) inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 3(3)(b)

F10

Reg. 5(1ZB)(fa) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 23

F11

Reg. 5(1A) inserted (28.10.2002) by Social Security (Electronic Communities) (Child Benefit) Order 2002 (S.I. 2002/1789), arts. 1(1), 8

F12

Reg. 5(2) substituted (5.4.2010) by Social Security (Notification of Changes of Circumstances) Regulations 2010 (S.I. 2010/444), regs. 1, 4(4)(c)

Modifications

C1

Reg. 5 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pts. 1 (with regs. 1(2), 44)