The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005

Amendment of the Social Security (Claims and Payments) Regulations 1987

7.—(1) The Social Security (Claims and Payments) Regulations 1987(1) shall be amended in accordance with this regulation.

(2) In regulation 4 (making a claim for benefit), after paragraph (6C)(2) insert—

“(6CC) Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.”.

(3) In regulation 4D(3) (making a claim for state pension credit)—

(a) in paragraph (3) omit “or other office designated by the Secretary of State for accepting claims for state pension credit”,

(b) after paragraph (3) insert—

“(3A) A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit.”,

(c) for paragraph (5) substitute—

“(5) Where a claim is made in accordance with paragraph (4), the local authority or other specified person—

(a) shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b) may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;

(c) may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;

(d) may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e) may give information and advice with respect to the claim to the person who makes, or has made, the claim.”,

• and

(d) after paragraph (5) insert—

“(5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise .”.

(4) In regulation 6 (date of claim)—

(a) in paragraph (20) for “or appeal” substitute “, appeal or termination of an award for a fixed period”,

(b) in paragraph (21)(b)(4) for “or appeal” substitute “, appeal or further claim when an award for a fixed period expires, whether benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision”, and

(c) in paragraph (22)(5)—

(i) in the definition of “relevant benefit”, after sub-paragraph (e) add “(f) state pension credit”, and

(ii) in the definition of “family” after “Jobseekers Act” add “, and in the case of state pension credit “member of his family” means the other member of a couple where the claimant is a member of a married or unmarried couple”.

(5) In regulation 13C(6) for the heading and paragraph (1) substitute—

“Further claim for and award of disability living allowance or attendance allowance

13C.— (1) A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires.”.

(6) In regulation 30 (payments on death) in paragraph (1) after “proceed with the claim” add “and any related issue of revision, supersession or appeal”.

(7) In regulation 33 (persons unable to act)—

(a) in paragraph (1)(d) for “tutor, curator or other guardian acting or appointed in terms of law” substitute “ a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000(7) who has power to claim or, as the case may be, receive benefit on his behalf”,

(b) after paragraph (1) insert—

“(1A) Where a person has been appointed under regulation 71(3) of the Housing Benefit (General) Regulations 1987(8) or regulation 61(3) of the Council Tax Benefit (General) Regulations 1992(9) by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).”,

(c) in paragraph (2) after “an appointment” insert “, or treated an appointment as made,”, and

(d) in paragraph (3) for “tutor, curator, or other” substitute “judicial factor or”.

(8) In regulation 38(1)(10) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

(a) after sub-paragraph (b) insert—

“(bb) in relation to any such sum which the person entitled to it and the Secretary of State have arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum;”, and

(b) in sub-paragraph (c) for “or (b)” substitute “, (b) or (bb) ”.

(9) In regulation 43(11) (children)—

(a) in paragraph (2)(b) after “18” insert “or, if the person is a parent of the child and living with him, be over the age of 16”, and

(b) in paragraph (7), before the definition of “child’s father” insert—

““child” means a person under the age of 16;”.

(10) In regulation 44(12) (payment of disability living allowance on behalf of a beneficiary), in paragraph (3)—

(a) omit “original” in each place where it occurs,

(b) in sub-paragraph (b) after “term of hire” add “, other than where sub-paragraph (d) applies, ”, and

(c) after sub-paragraph (c) insert—

“; or

(d) where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.”.

(11) In Schedule 7 (manner and time of payment, and commencement of entitlement in income support cases), in paragraph 2(c)(13) omit “registering or required to register as available for work or”.

(1)

S.I. 1987/1968.

(2)

Paragraph (6C) was inserted by S.I. 2003/1632.

(3)

Regulation 4D was inserted by S.I. 2002/3019 and was amended by S.I. 2003/1632.

(4)

Paragraph (21) was amended by S.I. 2002/428.

(5)

Paragraph (22) was amended by S.I. 2002/428 and 2497.

(6)

Regulation 13C was inserted by S.I. 1991/2741.

(7)

2000 asp 4.

(8)

S.I. 1987/1971.

(9)

S.I. 1992/1814.

(10)

Regulation 38(1) was amended by S.I. 1989/1686 and 1996/672.

(11)

Regulation 43 was amended by S.I. 1991/2741 and 2002/2469.

(12)

Regulation 44 was amended by S.I. 1990/2208 and 1991/2741.

(13)

Paragraph 2(c) was amended by S.I. 2000/1483.