{
  "url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1988/regulation-2",
  "json_url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1988/regulation-2.json",
  "legislation": "uksi/1988/664",
  "legislation_title": "The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1988",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Making of interim payments",
  "text": "(1) Subject to paragraph (1A), the Board may, in their discretion, make an interim payment, that is to say a payment on account of any benefit to which it appears to them that a person is or may be entitled (or, where sub-paragraph (a) applies, entitled apart from satisfying the condition of making a claim), in the following circumstances—\n(a) a claim for that benefit has not been made in accordance with the Claims and Payments Regulations and it is impracticable for such a claim to be made immediately, including where it is impracticable to satisfy immediately the national insurance number requirements in section 1(1A) and (1B) of the Administration Act; or\n(b) a claim for that benefit has been so made, but it is impracticable for it or a reference, revision, supersession, application or appeal which relates to it to be determined immediately; or\n(c) an award of that benefit has been made but it is impracticable for the beneficiary to be paid immediately, except by means of an interim payment.\n(1A) Paragraph (1) shall not apply pending the determination of an appeal.\n(2) Subject to paragraph (3), on or before the making of an interim payment the recipient shall be given notice in writing of his liability under this Part to have it brought into account and to repay any overpayment.\n(3) Where the recipient of an interim payment of disability living allowance–\n(a) is terminally ill within the meaning of section 35(2C) of the Social Security Act 1975; or\n(b) had an invalid carriage or other vehicle provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act or under section 46 of the National Health Service (Scotland) Act 1978,\nthe requirement to give notice in paragraph (2) of this regulation shall be omitted.\n(4) Where an interim payment of income support or income-related employment and support allowance is made because a payment to which the recipient is entitled by way of child support maintenance under the Child Support Act 1991, or periodical payments under a maintenance agreement within the meaning of section 9(1) of that Act or under a maintenance order within the meaning of section 107(15) of the Social Security Administration Act 1992, has not been made, the requirement in paragraph (2) of this regulation to give notice shall be omitted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2(1) added (5.2.96) by S.I. 1996/30, reg. 1(1), 10(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 2(1) substituted (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 4(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 2(1) substituted (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 4(2)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 2(1) inserted (18.3.2005) by Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 10(3)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 2(1)(a) inserted (18.3.2005) by Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 10(3)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 2(1)(b) substituted (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 4(2)(c)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 2(1A) substituted (18.3.2005) by Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 10(3)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 2(2) added (6.4.92) by S.I. 1991/2742, reg. 1(1), 15(3)(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 2(3) inserted (6.4.92) by S.I. 1991/2742, reg. 1(1), 15(3)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 2(4) inserted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(1)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 2(4) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 52(3)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 2(1)(b) modified (1st June, 5th July, 6th September, 5th and 18th October and 29th November 1999) by the Social Security Act 1998, 1999/1958, 2422, 2739, 2860 and 3178, Sch.9 para. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/664/regulation/2",
    "retrieved_at": "2026-11-05T03:40:16.866730+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}