The Social Security (Claims and Payments) Amendment Regulations 1994

Insertion of regulations 37AA and 37AB

6.  After regulation 37A there shall be inserted the following regulations—

“Withholding of benefit in prescribed circumstances

37AA.— (1) Where a person who is in receipt of benefit fails to comply with the provisions of regulation 32(1), in so far as they relate to documents, information or facts required by the Secretary of State, that benefit may be withheld, in whole or in part, from a date not earlier than 28 days after the date on which the requirement is imposed.

(2) Where the Secretary of State is satisfied that the last known address of a person who is in receipt of benefit is not the address at which that person is residing or that a serious doubt exists as to whether that person is residing at that address, that benefit may be withheld from the date on which the Secretary of State is so satisfied or such later date as he may determine.

(3) Where it appears to the Secretary of State that a person who is claiming income support is, under the provisions of regulation 8, required to attend an unemployment benefit office in person, but that person has failed to do so, benefit may be withheld from a date not earlier than the date following that on which that person last attended an unemployment benefit office under the provisions of regulation 8.

(4) Where a person—

(a) claims any benefit, and entitlement to that benefit depends on his being incapable of work during the period to which his claim relates; or

(b) claims income support, but is not required to be available for employment by virtue of paragraph 5 of Schedule 1 to the Income Support (General) Regulations1987(1)

and that person fails to provide evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976(2)(evidence of incapacity for work), that benefit may be withheld from the date from which he has ceased to comply with the requirements of that regulation, or as soon as practicable thereafter.

Payment of withheld benefit

37AB.— (1) Subject to paragraph (2), where the circumstances in which any benefit that has been withheld under the provisions of regulation 37AA no longer exist, and—

(a) the Secretary of State is satisfied that no question arises in connection with the award of that benefit, payments of that benefit shall be made;

(b) a question arises in connection with the award of that benefit and that question has been determined, payments of benefit that the beneficiary is entitled to in accordance with that determination shall be made.

(2) Subject to paragraph (3)—

(a) a payment of any sum by way of benefit shall not be made under paragraph (1) after the expiration of a period of 12 months from the date the right to that payment arose;

(b) where a person from whom benefit has been withheld satisfies the adjudicating authority that there was good cause for his failure to act from a day within the period specified in sub-paragraph (a) and continuing after the expiration of that period, the period specified in that sub-paragraph shall be extended to the date on which the adjudicating authority is so satisfied, or the date on which good cause ceases, whichever is the earlier.

(3) For the purposes of paragraph (2), the following periods shall be disregarded—

(a) any period during which the Secretary of State possesses information which is sufficient—

(i) to enable him to be satisfied that no question arises in connection with the award of that benefit, or

(ii) to enable him to decide that a question does arise in connection with the award of that benefit;

(b) in a case where a question in connection with the award of the benefit arises, the period commencing on the date the question is submitted to an adjudication officer and ending on the date that question is finally determined.”.

(1)

S.I. 1987/1967; the relevant amending instrument is S.I. 1994/527.

(2)

S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1987/409, 1992/247.