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The Social Security (Claims and Payments) Regulations 1979

Status:

This is the original version (as it was originally made).

E+W+S+N.I.

Statutory Instruments

1979 No. 628

Social Security

The Social Security (Claims and Payments) Regulations 1979

Made

7th June 1979

Laid before Parliament

18th June 1979

Coming into force

9th July 1979

The Secretary of State for Social Services, in exercise of powers conferred upon him by sections 45(3), 79 to 81, 88 to 90, 146(5), and 115(1) of, and Schedule 13 to, the Social Security Act 1975 F1 and paragraphs 9(1)(a) and (c) of Schedule 3 to the Social Security (Consequential Provisions) Act 1975 F2 and of all other powers enabling him in that behalf, hereby makes the following regulations, which consolidate the regulations hereby revoked and which accordingly by virtue of sections 139(2) and 141(2) of the Social Security Act 1975-and paragraphs 20 of Schedule 15 and 12 of Schedule 16-are not subject to the requirements of sections 139(1) and 141(2) of that Act for prior reference to the National Insurance Advisory Committee and the Industrial Injuries Advisory Council respectively:—

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Amendments (Textual)

Part I E+W+S+N.I.GENERAL

Citation and commencement E+W+S+N.I.

1.  These regulations may be cited as the Social Security (Claims and Payments) Regulations 1979 and shall come into operation on 9th July 1979.

Interpretation E+W+S+N.I.

2.—(1) In these regulations, unless the context otherwise requires—

"the Act”” means the Social Security Act 1975;

"approved place”” means a place approved by the Secretary of State for the purpose of obtaining payment of benefit;

"benefit order”” means an order for the payment of a weekly sum on account of benefit to which regulation 16 applies or of a weekly instalment of a gratuity; “"claim for benefit”” includes an application for a declaration that an accident was an industrial accident and an application for the review of an award or a decision for the purpose of obtaining any increase of benefit mentioned in Schedule 1 to these regulations but does not include any other application for the review of an award or a decision and the expression ““claims benefit”” and every reference to a claim shall be construed accordingly;

"determining authority”” means, as the case may require, an insurance officer, a local tribunal or a Commissioner by whom the relevant question falls to be determined under Part III of the Act;

"instrument of payment”” means a serial order, benefit order, or any other instrument whatsoever which is intended to enable a person to obtain payment of benefit;

"serial order”” means one of a series of orders, including benefit orders, for the payment of a sum on account of benefit which is or has been contained in a book of such orders;

"unemployment benefit office”” means any office or place appointed by the Secretary of State for the purpose of claiming unemployment benefit; and other expressions have the same meaning as in the Act.

(2) Unless the context otherwise requires, any reference in these regulations to—

(a)a numbered section is a reference to the section of the Social Security Act 1975 bearing that number;

(b)a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;

(c)any provision made by or contained in an enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

(3) For the purposes of the provisions of these regulations relating to the making of claims every increase of benefit mentioned in Schedule 1 to these regulations shall be treated as a separate benefit.

(4) The provisions of Schedules 1 and 2 to these regulations shall have effect; and the following provisions of these regulations shall, in relation to any particular benefit, have effect subject to any provision in those Schedules affecting that benefit.

Part II E+W+S+N.I.CLAIMS

Claims not required in certain cases E+W+S+N.I.

3.  Benefit may be paid without a claim being made for it in the following cases:—

(a)in the C8.se of a Category C retirement pension, to a beneficiary who is in receipt of—

(i)another retirement pension under the Act; or

(ii)widow's benefit under Chapter I of Part II of the Act; or

(iii)benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance;

(b)in the case of a Category D retirement pension, to a beneficiary who—

(i)was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and

(ii)is in receipt of another retirement pension under the Act;

(c)age addition in any case;

(d)in the case of a Category A or B retirement pension—

(i)to any woman over the age of 65 on her ceasing to be entitled to widowed mother's allowance, or

(ii)to any woman in receipt of widow's pension on her attaining the age of 65.

Manner in which claims are to be made E+W+S+N.I.

4.  Every claim for benefit shall be made in writing to the Secretary of State on the form approved by him for the purpose of the benefit for which the claim is made, or in such other manner, being in writing, as he may accept as sufficient in the circumstances of any particular case or class of cases; and, subject to any directions given by the Secretary of State in any particular case or class of cases, a person claiming unemployment benefit shall attend in person at an unemployment benefit office.

Supply of claim forms E+W+S+N.I.

5.  Forms of claim shall be supplied without charge by such persons as the Secretary of State may appoint or authorise for that purpose.

Claims not on appropriate forms E+W+S+N.I.

6.  Where a claim for benefit has been made on an approved form other than the form appropriate to the benefit claimed, the Secretary of State may treat the claim as if it had been made on the appropriate form, so however that the Secretary of State may in any such case require the claimant to complete the appropriate form.

Information to be given when making a claim for benefit E+W+S+N.I.

7.—(1) Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as may be required by the Secretary of State and, if reasonably so required, shall for that purpose attend at such office or place as the Secretary of State may direct.

(2) Every person who makes a claim for a widowed mother's allowance, child's special allowance, benefit in respect of a child or for an increase of benefit in respect of a child, shall, in particular, furnish such certificate relating to the birth of the child and such other information to show that that person is entitled or may be treated by regulations as if he were entitled to child benefit in respect of that child as the Secretary of State may require.

(3) Every person who makes a claim for an increase of benefit in respect of an adult dependant shall, in particular, furnish, if required, the following information concerning such dependant:—

(a)his identity, date of birth, usual place of residence, occupation and relationship to the claimant;

(b)his position in regard to benefit under the Act, available sources of income and the amounts contributed by any person towards his maintenance; and

(c)in the case of an increase in respect of a wife or husband, a certificate of the marriage;

together with a declaration signed by the dependant confirming the information given.

(4) Every person who makes a claim for a death grant shall, in particular, furnish the following information:—

(a)if required by the Secretary of State, a death certificate relating to the deceased; and, where the claim is in respect of the death of a child, such certificate relating to the birth of the child, and such other information as the Secretary of State may reasonably require in support of any contention that immediately before the death of the child or the person by whom the contribution condition is to be satisfied, as the case may be, that person was entitled to child benefit in respect of that child; in this sub-paragraph a child includes a person referred to in section 32(4)(a) or (b);

(b)if required by the Secretary of State, the estimate or account of the undertaker.

(5) In this regulation “"child benefit”” means benefit under Part I of the Child Benefit Act 1975 F3.

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Amendments (Textual)

Amendment of claim forms E+W+S+N.I.

8.—(1) If, owing to the absence of due signature or of due certification, a claim is defective at the date of its receipt by the Secretary of State, he may, in his discretion, refer the claim to the claimant, and if the form is returned duly signed and certified within one month from the day on which it is so referred, the Secretary of State may treat the claim as if it had been duly made in the first instance.

(2) Any person who has made a claim for benefit in accordance with the provisions of these regulations may amend his claim, at any time before a decision has been given thereon, by notice in writing delivered or sent to the Secretary of State, and any claim so amended may be treated as if it had been made as so amended in the first instance.

Interchange with claims for other benefits E+W+S+N.I.

9.—(1) Where it appears that a person who has made a claim for benefit specified in column (1) of Schedule 3 to these regulations may be entitled to the benefit specified opposite thereto in column (2) of that Schedule, any such claim may be treated as a claim in the alternative for that benefit.

(2) Where it appears that a person who has made a claim for benefit is not entitled thereto, but that some other person may be entitled to an increase of benefit in respect of him, the claim may be treated as if it were a claim by such other person for an increase of benefit in respect of the claimant.

(3) Where it appears that a person who has made a claim for an increase of benefit in respect of a child or adult dependant is not entitled thereto but that some other person may be entitled to an increase of benefit in respect of that child or adult dependant, the claim may be treated as if it were a claim by that other person for such an increase.

(4) Where it appears that a person who has made a claim for a guardian's allowance in respect of any child is not entitled thereto, but that the claimant, or the wife or husband of the claimant, may be entitled to an increase of benefit for that child, the claim may be treated as if it were a claim by the claimant or the wife or husband of the claimant for an increase of benefit for that child.

(5) A claim for benefit under the Supplementary Benefits Act 1976 F4 may be treated as a claim also for attendance allowance, or an invalid care allowance.

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Amendments (Textual)

Special provision where it is certified that a woman is expected to be confined or where she has been confined E+W+S+N.I.

10.—(1) Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1916 F5 it has been certified that it is to be expected that a woman will be confined, and either—

(a)a claim for sickness or invalidity benefit or non-contributory invalidity pension is made by that woman on or after the date of that certificate; or

(b)a claim for maternity allowance so made by that woman is treated under the provisions of regulation 9(1) as a claim in the alternative for sickness or invalidity benefit or non-contributory invalidity pension;

any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for sickness or invalidity benefit or non-contributory invalidity pension made in respect of any days in the period beginning with the 11th week before the expected week of confinement and ending either—

(i)on the last day of the 6th week after the week in which the confinement occurs, or

(ii)on the last day of the 6th week after the week in which it was expected that the confinement would occur~

whichever is the later.

(2) Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within the prescribed time, her claim may be treate'd in the alternative as a claim for sickness or invalidity benefit or non-contributory invalidity pension for the period beginning with the date of her confinement and ending 6 weeks after the week in which—

(i)she was confined, or

(ii)it was expected that she would be confined,

whichever is the later.

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Amendments (Textual)

Forward allowances and disallowances of sickness, invalidity and injury benefit and no·n -contributory invalidity pension E+W+S+N.I.

11.—(1) Subject to the following paragraphs, where a medical certificate has been issued in respect of the person named therein (“"the claimant””)—

(a)a claim for sickness, invalidity or injury benefit or non-contributory invalidity pension based on the medical certificate shall, unless in any case the Secretary of State otherwise directs, be treated as if made by the claimant for the period specified in that certificate;

(b)on any such claim the benefit may be awarded for the whole or part of that period after the date of the claim but not exceeding 13 weeks or such shorter period as the Secretary of State may in a particular case direct;

(c)if on any such claim the benefit is awarded for part only of the period in respect of which the claim is treated as if made, further decisions in accordance with paragraph (1)(b) awarding such benefit may be given on the same claim.

(2) Any decision awarding benefit by virtue of paragraph (1) shall be subject to the condition that the claimant continues to satisfy the requirements for the payment thereof during the period to which the award relates and if these requirements are found not to have been satisfied at some time during the said period the award shall be reviewed.

(3) Where a claim for sickness benefit is disallowed on the grounds that—

(a)the contribution condition in paragraph 1(2) of Schedule 3 to the Act is not satisfied; or

(b)although that contribution condition is satisfied, neither the contribution condition in paragraph 1(3) of the said Schedule 3 nor the requirements of regulations made under section 33(2) (partial satisfaction of contribution conditions) are satisfied;

the decision disallowing that claim shall, subject to the provisions of section 104 (review of decisions), be treated as a decision disallowing any further claim within the meaning of paragraph 3(c) of column (1) of Schedule 1 to these regulations by that person for that benefit until the grounds for the original disallowance have ceased to exist.

(4) Where a claim for invalidity benefit is disallowed on the grounds that the claimant has not been entitled to sickness benefit for 168 days in the relevant period of interruption of employment, the decision disallowing that claim shall, subject to the provisions of section 104, be treated as a decision disallowing any further claim (being a continuation claim within the meaning of the said paragraph 3(c)) by that person for that benefit until the grounds for the original disallowance have ceased to exist.

(5) Where a claim for non-contributory invalidity pension is disallowed on the grounds that the claimant has not—

(a)been incapable of work for 196 consecutive days; or

(b)satisfied the requirements of regulation 3 of the Social Security (Non-Contributory Invalidity Pension) Regulations 1975 F6 (residence and presence conditions);

the decision disallowing that claim shall, subject to the provisions of section 104 (review of decisions), be treated as a decision disallowing any further claim (being a continuation claim within the meaning of the said paragraph 3(c)) by that person for that pension until the grounds for the original dis-allowance have ceased to exist.

(6) For the purposes of paragraphs (1) to (5) a medical certificate means—

(a)a doctor's statement issued in the. form prescribed in Part II of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976, or having effect as so issued, which advises the claimant to refrain from work for the period specified in it; or

(b)a certificate issued by a person accepted by the Secretary of State as an appropriate person which certifies on the form approved by the Secretary of State that the claimant is in hospital and is expected to remain there for the period specified in it; or

(c)a doctor's statement in the form of a special statement issued by a doctor on the form approved by the Secretary of State in which that doctor advises the claimant to refrain from work for a specified period of not more than one month, on the basis of a written report which—

(i)was received by that doctor from another doctor (other than a partner, assistant or other deputy of the doctor issuing the statement), and

(ii)was issued on a date not more than one n10nth earlier than the date of the statement;

and in this sub-paragraph “"doctor”” means a registered medical practitioner not being the claimant.

(7) Where a claim for non-contributory invalidity pension is made by a woman who claims by virtue of the exception to section 36(2) (incapable of performing normal household duties) that claim shall, unless in any case the Secretary of State otherwise directs, be treated as if made by her for—

(a)the period specified by a registered medical practitioner not being the claimant, on a form approved by the Secretary of State, as being that during which it is to be expected that the claimant is likely to continue to remain as restricted in her ability to perform the normal household duties in her own home or, if shorter, during which she should refrain from work; or

(b)where applicable, the period of any award of—

(i)attendance allowance payable at the higher rate specified in paragraph 1 of Part III of Schedule 4 to the Act, or

(ii)an increase of disablement pension where constant attendance is needed payable at the higher rate specified in paragraph 7 of Part V of Schedule 4 to the Act, or

(iii)an increase of allowance where constant attendance is needed in cases of exceptionally severe disablement payable by virtue of regulations made under section 159(3)(b) (payments for pre-1948 cases), or

(iv)increase of allowance where constant attendance is needed in cases of exceptionally severe disablement payable under any scheme made under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 F7, or

(v)constant attendance allowance payable at the higher rate specified for exceptional cases of very severe disablement under any Personal Injuries Scheme or Service Pensions Instrument defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1975 F8; or

(c)the period specified in a certificate issued in respect of her which complies with paragraph (6)(b),

in any case beginning on the first day for which non-contributory invalidity pension is claimed.

(8) The reference in paragraph (1)(b) to “"that period”” shall be construed, in relation to a claim to which paragraph (7) applies, as a reference to the period applicable under the latter paragraph, and paragraphs (1)(c) and (2) shall be construed accordingly.

(9) Where a decision awarding non-contributory invalidity pension (by virtue of the exception to section 36(2» by reference to a period treated. as applicable under paragraph (7) is reviewed under paragraph (2), and it appears that the beneficiary may be entitled to such a pension otherwise than by virtue of that exception, the claim shall never-the-less be treated as made for the period that is or would have been applicable under paragraph (7).

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Amendments (Textual)

Forward allowance and disallowance of unemployment benefit E+W+S+N.I.

12.—(1) Where it appears to the Secretary of State that there are, will be or are likely to be circumstances making impracticable or unduly difficult the normal operation of the provisions governing or the practice relating to the claiming, awarding or payment of unemployment benefit he may so certify; and a certificate under this regulation may be expressed—

(a)as having effect either generally or in relation to any case or class of case or to a specified area or specified areas; and

(b)either as having effect until a specified day or as continuing to have effect until revoked by the Secretary of State.

(2) While such a certificate has effect, the following provisions of this paragraph shall apply as respects claims for unemployment benefit (being, if the certificate is not of general effect, claims made in the case, class of case, area or areas, as the case may be, to which the certificate relates)—

(a)a claim for unemployment benefit made—

(i)while such certificate has effect; or

(ii)within 28 days before the date upon which the certificate is issued, whether or not benefit has already been allowed on such claim; or

(iii)while a previous certificate under this regulation had effect so as to allow that claim to be treated as made for a period after the date on which it was made,

may be treated by an insurance officer as a claim for that benefit for a period, to be specified in his decision, not exceeding 13 weeks after the date of the claim;

(b)on any claim so treated benefit may be awarded for the whole or part of the specified period other than, in the case of a claim made before the certificate is issued, any part of the period for which benefit has already been allowed;

(c)if on any claim so treated benefit is awarded for part only of the specified period, further decisions awarding benefit for the remainder of that period or ~ny part of it may be given on the same claim.

(3) Any decision awarding unemployment benefit under paragraph (2) shall be subject to the condition that the claimant continues to satisfy the requirements for payment thereof during the period to which the award relates, and if the said requirements are found not to have been satisfied at some time during the said period the award shall be reviewed.

(4) Whele a person's claim for unemployment benefit has been disallowed on any grounds and in the decision disallowing that claim it is stated that the decision is to be treated as a disallowance of any further claim by that person for unemployment benefit for days specified in the decision until the expiration of a period specified in the decision (not being a period expiring more than 12 months after the date on which the decision is given) or, if the grounds of the original disallowance have ceased to exist before the expiration of the specified period, until they have ceased to exist, the decision shall, subject to the provisions of section 104, be so treated.

Special provisions relating to claims for unemployment benefit made during periods connected with public holidays E+W+S+N.I.

13.—(1) In this regulation:—

(a)"public holiday”” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 F9; and “"Christmas and New Year holidays”” and “"Good Friday and Easter Monday”” shall be construed accordingly and shall in each case be treated as one period;

(b)"office closure”” means a period during which an unemployment benefit office is closed in connection with a public holiday;

(c)in computing any period of time Sundays shall not be disregarded.

(2) Where any claim for unemployment benefit, other than a claim to which regulation 12(2) applies, is made during one of the periods set out in paragraph (3), the following provisions shall apply—

(a)a claim for unemployment benefit may be treated by an insurance officer as a claim for that benefit for a period, to be specified in his decision, not exceeding 21 days after the date of the claim;

(b)on any claim so treated, benefit may be awarded as if the provisions of sub-paragraphs (b) and (c) of paragraph (2) and the provisions of paragraph (3) of regulation 12 applied.

(3) For the purposes of paragraph (2) the periods are—

(a)in the case of Christmas and New Year holidays, a period beginning with the start of the 21st day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

(b)in the case of Good Friday and Easter Monday and in the case of any other public holiday a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

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Amendments (Textual)

Time for claiming benefit E+W+S+N.I.

14.—(1) Subject to the provisions of Schedule 2 to these regulations—

(a)the prescribed time for claiming any benefit specified in column (1) of Schedule 1 to these regulations shall be the appropriate time specified opposite that benefit in column (2) of that Schedule; and

(b)if a person fails to make his claim for any such benefit within the prescribed time, he shall be disqualified for the receipt of benefit to the extent specified opposite thereto in column (3) of that Schedule.

(2) If in any case the claimant proves that there was good cause for the failure to make the claim before the date on which it was made, the prescribed time for making that claim shall (subject to the provisions of section 82(2)) be extended to the date on which the claim is made:

Provided that the foregoing provisions of this paragraph shall not apply to—

(a)a claim for a maternity grant in respect of expectation of the claimant's confinement; or

(b)a claim for a maternity allowance in respect of expectation of the claimant's confinement so that the prescribed time for making that claim is extended to the date of the confinement or to any date thereafter.

(3) If in any case the claimant proves that—

(a)on a date earlier than the date on which the claim was made, apart from satisfying the condition of making a claim, he was entitled to the benefit; and

(b)throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making such claim;

he shall not (subject to the provisions of section 82(2) be disqualified under Schedule 1 to these regulations for receiving any benefit to which he would have been entitled if the claim had been made on the said earlier date:

Provided that, where the claimant is a woman claiming a maternity allowance in respect of expectation of her confinement, the foregoing provisions of this paragraph shall apply only if the claim is made before the date of the confinement.

PART III E+W+S+N.I.PAYMENTS

Time and manner of payment of certain benefits and of an increase of disablement pension E+W+S+N.I.

15.—(1) This regulation applies to the following benefits (including where appropriate increases of them)—

(a)unemployment benefit;

(b)sickness benefit;

(c)invalidity benefit;

(d)maternity benefit;

(e)death grant;

(f)injury benefit;

(g)an increase of disablement benefit payable under section 62 by reason of the fact that the beneficiary is receiving hospital treatment; and

(h)non-contributory invalidity pension.

(2) Subject to the provisions of these regulations, any benefit to which this regulation applies shall be paid in accordance with an award thereof as soon as is reasonably practicable after the award has been made by the determining authority, by means of an instrument of payment or by such other means as appears to the Secretary of State to be appropriate in the circumstances of any particular case.

(3) For the purposes of section 45(3) (calculation of increase of pension for wife) a ““week”” where used in the expression ““week for which he is entitled to benefit”” where the benefit is an invalidity pension, means a period of 7 days beginning with midnight between Sunday and Monday.

Time and manner of payment of certain pensions and allowances E+W+S+N.I.

16.—(1) This regulation applies to the following benefits (including where appropriate increases of them)—

(a)widow's benefit (which in this regulation means widow's benefit under Chapter I of Part II of the Act and benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance);

(b)retirement pension of any category;

(c)child's special allowance;

(d)attendance allowance;

(e)guardian's allowance;

(f)a pension under Chapter IV or V of Part II of the Act (including an increase of a pension not being an increase of a disablement benefit under section 62);

(g)an allowance under Chapter IV or V of Part II of the Act not being injury benefit; and

(h)invalid care allowance.

(2) Subject to the provisions of these regulations, any benefit to which this regulation applies shall be paid weekly in advance by means of benefit orders payable in each case to the beneficiary at such place as the Secretary of State, after enquiry of the beneficiary may from time to time specify.

(3) In every case in which there is an award by the determining authority of any benefit to which this regulation applies, the Secretary of State shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, the beneficiary may obtain a book of benefit orders and the Secretary of State shall notify the beneficiary of the arrangements so far as they affect him.

(4) The Secretary of State shall arrange for the issue, to every beneficiary entitled to benefit to which this regulation applies, of a fresh book of orders on the expiration of the previous book.

(5) Weekly sums on account of a child's special allowance, guardian's allowance or widow's benefit shall be payable on Tuesdays; so however that where in the case of a widow entitled to earnings-related addition to a widow's allowance by virtue of section 24(3) a payment under section 24 does not, but a payment under section 67 does, fall to be made to that widow, it shall be payable on Wednesdays.

(6) Weekly sums on account of retirement pension shall be payable on Thursdays, so however that—

(a)where a woman was entitled to widow's benefit immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays;

(b)where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

(c)where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment;

and for the purposes of section 45(3) (calculation of increase of pension for wife) a ““week”” where used in the expression ““week for which he is entitled to benefit”” where that benefit is Category A or Category C retirement pension, means the period of 7 days beginning with the day prescribed by this paragraph for the payment of the retirement pension in question.

(7) Weekly sums on account of an attendance allowance shall be payable on Mondays, so however that the Secretary of State may in any particular case or class of case arrange for the allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 117th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

(8) Weekly sums on account of any industrial injuries benefit specified in paragraphs (1)(f) or (g) shall be payable on Wednesdays.

(9) Weekly sums on account of an invalid care allowance shall be payable on Mondays, so however that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 F10 the invalid care allowance shall be payable on Wednesdays.

(10) Where by reason of any provision of the-Act or of any regulations the date as from which any benefit to which this regulation applies would commence to be payable, or as from which a change in the rate of any such benefit (not being a change in the rate of disablement benefit by reason of any increase thereof to which the last preceding regulation relates) would take effect, is a day of the week other than the appropriate day of the week for the payment of that benefit, that benefit shall commence only, or that change have effect only, as from the next such appropriate day.

(11) Where the date on which a benefit to which this regulation applies (other than any widow's benefit to which the next succeeding paragraph applies) would cease to be payable is a day of the week other than that immediately preceding the appropriate day of the week for the payment of that benefit the benefit shall continue to be payable in respect of the days of the week up to but not including the next such appropriate day.

(12) In the case of a woman entitled to widow's benefit immediately before becoming entitled to a retirement pension, where the date on which the widow's benefit would cease to be payable is a day of the week other than that immediately preceding the appropriate day of the week for the payment of the retirement pension the widow's benefit shall continue to be payable in respect of the days of the week up to but not including the next such appropriate day.

(13) A book of serial orders issued to any person shall remain the property of the Secretary of State.

(14) Any person having a book of serial orders or any unpaid benefit order shall, on the termination of the benefit to which such book or order relates, or when requested by the Secretary of State, deliver such book or order to the Secretary of State or to such person as he may direct.

(15) Notwithstanding anything contained in the foregoing provisions of this regulation, the Secretary of State may in any particular case or class of cases arrange for the payment of a benefit to which this regulation applies otherwise than weekly in advance or otherwise than by means of benefit orders payable to the beneficiary.

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Amendments (Textual)

Special provisions relating to payment of constant attendance allowance for persons out of hospital for short periods E+W+S+N.I.

17.  Notwithstanding anything contained in the foregoing provisions of these regulations, an increase of disablement pension under section 61 where constant attendance is needed (““constant attendance allowance””) shall be paid at a daily rate of 1/7th of the weekly rate in any case where it becomes payable for a period of less than a week which is immediately preceded and immediately succeeded by periods during which the constant attendance allowance was not payable because regulation 13(1) of the' Social Security (Industrial Injuries) (Benefit) Regulations 1975 F11 applied.

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Amendments (Textual)

Special provision relating to payment of attendance' allowance for persons out of hospital for periods not expected to exceed 13 weeks E+W+S+N.I.

18.—(1) In any case where an attendance allowance becomes payable for a period which is immediately preceded by, and which at its commencement is expected to be followed in not more than 13 weeks by, periods during which—

(a)the person in respect of whom it is payable is in a hospital or in a similar institution in circun1stances to which regulation 3 or 7(1)(c) of the Social Security (Attendance Allowance) (No.2) Regulations 1975 F12 applies; or

(b)the allowance is not payable because regulation 4 or 7(1)(b) of the Social Security (Attendance Allowance) (No.2) Regulations 1975 applies,

the allowance payable for such periods shall, so long as the period does not continue for more than 13 weeks, be paid at a daily rate of 117th' of the weekly rate and shall be paid in arrears at weekly intervals or at such other intervals as the Secretary of State may in any case direct.

(2) In this regulation “"13 weeks”” means a period of 91 consecutive days.

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Amendments (Textual)

Time and manner of payment of age addition E+W+S+N.I.

19.—(1) Subject to the provisions of these regulations, age addition shall be paid weekly in advance.

(2) Where the person to whom an age addition is payable is in receipt of a retirement pension, it shall be payable on the day of the week on which the retirement pension payable to him for that week is payable and in the same manner as that pension.

(3) Where the person to whom an age addition is payable is not in receipt of a retirement pension, it shall be payable on such day of the week and in such manner as the Secretary of State may in any particular C2.SC or class of cases determine.

(4) The provisions of paragraphs (6), (7), (9), (11), (12) and (14) of regulation 16 shall apply in relation to age addition as they apply in relation to benefit to which that regulation applies and as if the expression ““benefit order”” wherever it appears in those paragraphs included an order for the payment of age addition and as if the reference to a beneficiary were a reference to a person entitled to age addition.

Time and manner of payments of industrial injuries gratuities E+W+S+N.I.

20.—(1) This regulation applies to any gratuity payable under Chapter IV or V of Part II of the Act.

(2) Subject to the following provisions of this regulation, every gratuity shall be payable in one sum.

(3) A gratuity may be payable by instalments of such amounts and at such times as appear reasonable in the circumstances of the case to the person or tribunal awarding the gratuity if—

(a)the beneficiary to whom the gratuity has been awarded is, at the date of the award, under the age of 18 years; or

(b)in any other case, the amount of the gratuity so awarded (not being a gratuity payable to the widow of a deceased person on her remarriage) exceeds £52 and the beneficiary requests that the payments thereof shall be made by instalments.

(4) An appeal shall not be brought against any decision that a gratuity shall be payable by instalments or as to the amounts of any such instalments or the time of payment thereof but any such decision may be varied by any person or tribunal by whom the award of that gratuity is varied.

(5) Subject to the provisions of regulation 39 of the Social Security (Industrial Injuries) (Benefit) Regulations 1975, a gratuity shall—

(a)if it is payable by equal weekly instalments, be paid in accordance with the provisions of regulation 16 insofar as they are applicable; or

(b)in any other case, be paid by such means as may appear to the Secretary of State to be appropriate in the circumstances.

Time of payment 01 Category C or D retirement pensions etc. to those in receipt of supplementary benefit E+W+S+N.I.

21.  In relation to a Category C or D retirement pension or benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance payable to a person or the wife of a person who is in receipt of a supplementary pension or allowance under the Supplementary Benefits Act 1976 F13, references to Tuesdays in regulation 16(5) and references to Thursdays in regulation 16(6) shall have effect as if they were references to the days on which his supplementary pension or allowance is paid.

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Amendments (Textual)

Extinguishment of right to sums payable by way of benefit which are not obtained within the prescribed time E+W+S+N.I.

22.—(1) The right to payment of any sum by way of benefit shall, subject to paragraphs (2) and (3), be extinguished where payment thereof is not obtained within the period of 12 months from the date on which the right is to be treated as having arisen; and for the purposes of this regulation a right shall be treated as having arisen—

(a)in relation to any such sum contained in an instrument of payment which has been given or sent, for the purpose of making payment thereof, to the beneficiary or to an approved place for collection by him (whether or not received or collected as the case may be), notwithstanding that that sum is greater or less than the sum to which the beneficiary has the right to payment—

(i)on the date on the said instrument of payment; or

(ii)if a further instrument of payment has been so given or sent as a replacement for an instrument of payment previously given or sent, on the date on the last such instrument of payment;

(b)in relation to any such sum to which sub-paragraph (a) of this paragraph does not apply, where notice is given (whether orally or in writing) or is sent that the sum contained in the notice is available for collection, notwithstanding that that sum is greater or less than the sum to which the beneficiary has the right to payment—

(i)if written notice is sent through the post, on the date on which it would be delivered in the ordinary course of post; and

(ii)in any other case, on the date of the notice;

and, in any case, if more than one such notice is given or sent,. on the date determined by reference to the first such notice;

(c)in relation to any such sum to which neither sub-paragraph (a) nor sub-paragraph (b) of this paragraph applies, on such date as the Secretary of State determines.

(2) Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the determining authority is satisfied that—

(a)after the expiration of the said period of 12 months the Secretary of State has received written notice requesting payment of that sum; and

(b)throughout the period commencing within the said period of 12 months and continuing up to the day on which the said notice was given there was good cause for not giving that notice;

the said period of 12 months shall be extended to the date on which the determining authority decides that question, and for the purposes of the operation of this regulation thereafter the right to payment of that sum shall, notwithstanding the provisions of paragraph (1), be treated as having arisen on that date.

(3) Where, by virtue of regulation 12(1) of the Social Security (General Benefit) Regulations 1974 F14, payment of benefit is suspended for any period, the period of suspension shall not be taken into account in calculating the said period of 12 months.

(4) This regulation shall apply to a person authorised or appointed to act on behalf of the beneficiary as it applies to a beneficiary.

(5) This regulation shall not apply to the right to payment of a sum by way of a death grant or by way of a single payment of any industrial injury gratuity or a single payment in satisfaction of a person's right to graduated retirement benefit.

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Amendments (Textual)

Information to be given when obtaining payment of benefit E+W+S+N.I.

23.—(1) Every beneficiary and every person by whom or on whose behalf sums payable by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such certificates and other documents and such information of facts affecting the right to benefit or to its receipt as the Secretary of State may require (either as a condition on which any sum or sums shall be receivable or otherwise), and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to benefit, or to its receipt, as soon as reasonably practicable after the occurrence thereof.

(2) Where any sum is receivable on account of an increase of benefit in respect of an adult dependant the beneficiary shall, in such cases or classes of case as the Secretary of State may direct, furnish a declaration signed by such dependant confirming the particulars respecting him furnished by the claimant.

Part IV E+W+S+N.I.SPECIAL PROVISIONS RELATING TO INDUSTRIAL INJURIES BENEFIT ONLY

Notice of accidentsE+W+S+N.I.

24.—(1) Every employed earner who suffers personal injury by accident in respect of which benefit may be payable shall give notice of such accident either in writing or orally as soon as is practicable after the happening thereof:

Provided that any such notice required to be given by an employed earner may be given by some other person acting on his behalf.

(2) Every such notice shall be given to the employer, or (if there is more than one employer) to one of such employers, or to any foreman or other official under whose supervision the employed earner is employed at the time of the accident, or to any person designated for the purpose by the employer, and shall give the appropriate particulars.

(3) Any entry of the appropriate particulars of an accident made in a book kept for that purpose in accordance with the provisions of regulation 25 shall, if made as soon as practicable after the happening of an accident by the employed earner or by some other person acting on his behalf, be sufficient notice of the accident for the purposes of this regulation.

(4) In this regulation—

"employer”” means, in relation to any person, the employer of that person at the time of the accident and “"employers”” shall be construed accordingly; and

"employed earner”” means a person who is or is treated as an employed earner for the purposes of industrial injuries benefit.

(5) In this regulation and regulation 25, ““appropriate particulars”” mean the particulars indicated in Schedule 4 to these regulations.

Obligations of employers E+W+S+N.I.

25.—(1) Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or to his servant or agent in accordance with the provisions of regulation 24 and, if there appear to him to be any discrepancies between the circumstances found by him as a result of his investigation and the circumstances appearing from the notice so given, he shall record the circumstances so found.

(2) Every employer who is required to do so by the Secretary of State shall furnish to an officer of the Department within such reasonable period as may be required, such information and particulars as shall be required—

(a)of any accident or alleged accident in respect of which benefit may be payable to, or in respect of the death of, a person employed by him at the time of the accident or alleged accident; or

(b)of the nature of and other relevant circumstances relating to any occupation prescribed for the purposes of Chapter V of Part II of the Act in which any person to whom or in respect of whose death benefit may be payable under that Chapter was or is alleged to have been employed by him.

(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 F15 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall, subject to the following provisions of this paragraph—

(a)keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf; and

(b)preserve every such book, when it is filled, for the period of 3 years beginning with the date of the last entry therein.

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Amendments (Textual)

Obligations of claimants for, and beneficiaries in receipt of, injury benefit or disablement benefit E+W+S+N.I.

26.—(1) Subject to the following provisions of this regulation, every claimant for, and every beneficiary in receipt of, injury benefit or disablement benefit shall comply with every notice given to him by the Secretary of State which requires him either—

(a)to submit himself to a medical examination by a medical authority for the purpose of determining the effects of the relevant accident or the treatment appropriate to the relevant injury or loss of faculty; or

(b)to submit himself to such medical treatment for the said injury or loss of faculty as is considered appropriate in his case by the medical practitioner in charge of the case or by any medical authority to whose examination he has submitted himself in accordance with the foregoing provisions of this regulation.

(2) Every notice given to a claimant or beneficiary requiring him to submit himself to medical examination shall be given in writing and shall specify the time and place for examination and shall not require the claimant or beneficiary to submit himself to examination—

(a)by a Medical Board, before the expiration of the period of 6 days beginning with the date of the notice or such shorter period as may be reasonable in the circumstances;

(b)in any other case, on a date earlier than the third day after the day on which the notice was sent.

(3) Every claimant and every beneficiary who, in accordance with' the foregoing provisions of this regulation, is required to submit himself to a medical examination or to medical treatment—

(a)shall attend at every such place and at every such time as may be required; and

(b)may, in the discretion of the Secretary of State, be paid such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may with the consent of the Minister for the Civil Service determine.

(4) In this regulation “"medical authority”” means the Medical Appeal Tribunal, a Medical Board or any medical practitioner appointed or nominated by the Secretary of State.

Withdrawal of claims for disablement benefit E+W+S+N.I.

27.—(1) If a person who has made a claim for disablement benefit wishes, with a view to withdrawing his election to treat an injury benefit period as having come to an end, to withdraw the claim, he may send to or deliver at the appropriate office written notice signed by him withdrawing the claim, and, notwithstanding the provisions of section 7 of the Interpretation Act 1978 F16, such a notice so given shall, if it is received at the appropriate office before the claim has been finally determined, operate to withdraw the claim on the date of its receipt at that office.

(2) In this regulation, “"the appropriate office”” means the office of the Department in which action upon the claim is being taken or in or to which the claim was made.

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Amendments (Textual)

Part V E+W+S+N.I.MISCELLANEOUS PROVISIONS

Persons unable to act E+W+S+N.I.

28.—(1) Where in the case of any person—

(a)benefit is payable to him or he is alleged to be entitled to it, or by whom or on whose behalf a claim for benefit has been made;

(b)he is a child or is unable for the time being to act; and either

(c)no receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

(d)in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,

the Secretary of State may, upon written application made to him by a person over the age of 18, appoint that person to exercise, on behalf of the child or the person who is unable to act, any right to which that child or person may be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

(2) Where the Secretary of State has made an appointment under paragraph (1) above—

(a)he may at any time in his absolute discretion revoke any such appointment;

(b)the person appointed may resign his office after having given one month's notice in writing to the Secretary of State of his intention to do so;

(c)any such appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) or

(d)above applies has been appointed.

(3) Anything required by these regulations to be done by or to any such person as aforesaid who is a child or who is for the time being unable to act may be done by or to the receiver, tutor, curator or other guardian, if any, or by or to the person appointed under this regulation to act on his behalf, and the receipt of any person appointed under this regulation shall be a good discharge to the Secretary of State for any sum paid.

Payments on death E+W+S+N.I.

29.—(1) On the death of a person who has made a claim for benefit or who is alleged' to have been entitled to benefit, or in respect of whose death a death grant is alleged to be payable, the Secretary of State may appoint such person as he may think fit to proceed with or to make a claim for the benefit, and the provisions of these regulations shall apply subject to the necessary modifications to any such claim: Provided that in the case of a death grant a claim may be made by any person specified in paragraph (2).

(2) Subject to the provisions of paragraph (6), any sum payable by way of benefit which is payable under an award on a claim proceeded with or made under paragraph (1) may be paid or distributed by the Secretary of State to or amongst the persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where .the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 22 shall apply to any such payment or distribution; and—

(a)the receipt of any such person shall be a good discharge to the Secretary of State for any sum so paid; and

(b)where the Secretary of State is satisfied that any such sum or part thereof is needed for the benefit of any person under the age of 16, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age (who need not be a person specified in this paragraph) who satisfies the Secretary of State that he will apply the sum so paid for the benefit of the person under the age of 16.

(3) Subject as aforesaid, any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and the provisions of regulation 22 and of the said paragraph (2) shall apply to any such payment or distribution: Provided that, for the purpose of regulation 22 the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

(4) In relation to a death grant, the reference in paragraph (2) to creditors shall include a reference to any person who gives an undertaking in writing to pay the whole or part of the deceased's funeral expenses, so however that any payment of the death grant to a person by virtue of this paragraph shall be subject to the condition that if the person fails to carry out any such undertaking he shall repay to the Secretary of State any death grant so paid to him.

(5) Where any person has received an amount by way of a death grant by virtue of the provisions of this regulation and is entitled to reimbursement of the deceased's funeral expenses out of the deceased's estate, his right to such reimbursement shall be reduced by the amount of the death grant received by him.

(6) Paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State within 12 months from the date of the deceased's death or within such longer period as the Secretary of State may allow in any particular case.

(7) The Secretary of State may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

Payment of benefit to third party E+W+S+N.I.

30.  For any period during which benefit is payable to a beneficiary in respect of another person only if the beneficiary is contributing at not less than a certain weekly rate to the maintenance of, or to the cost of providing for, that other person, then if it appears to the Secretary of State to be necessary for protecting the interests of the beneficiary or of the other person, or if the beneficiary so requests the Secretary of State, the Secretary of State may direct that the whole or part of the benefit payable to the beneficiary (whether or not benefit payable in respect of the other person) shall be paid to another person on behalf of the beneficiary.

Breach of regulations E+W+S+N.I.

31.  If any person contravenes or fails to comply with any requirement of these regulations (not being a requirement to give notice of an accident or a requirement to submit himself to medical treatment or examination) in respect of which no special penalty is provided, he shall for such offence be liable on summary conviction to a penalty not exceeding £50 or, where the offence consists of continuing any such contravention or failure after conviction thereof, £10 together with a further £10 for each day on which it is so continued.

Revocations E+W+S+N.I.

32.  The regulations specified in column (1) of Schedule 5 to these regulations are hereby revoked to the extent mentioned in column (3) of that Schedule.

Patrick Jenkin,

Secretary of State for Social Services.

7th June 1979

Regulations 2(4) and 14

SCHEDULE 1E+W+S+N.I.SHOWING PRESCRIBED TIMES FOR CLAIMING BENEFIT AND DISQUALIFICATIONS FOR BENEFIT ARISING BY REASON OF LATE CLAIMS

Description of benefit (1)Prescribed time for claiming benefit (2)Benefit which a person is disqualified for receiving by failure to claim within the prescribed time (3)
1. Unemployment benefit.The day in respect of which the claim is made.The benefit claimed.
2. Invalid care allowance.The period of 3 months from the first day in respect of which the claim is made.Benefit in respect of any period more than 3 months before the date on which the made.
3. Sickness benefit, invalidity benefit, injury benefit or non-contributory invalidity pension—
(a) Benefit in respect of any original claim, that is to say, where the claimant has at no time made a claim for sickness or injury benefit or non-contributory invalidity pension under the Act or a claim which has been treated as a claim for sickness or injury benefit or non-contributory invalidity pension.(a) The period of 21 days from the earliest day in respect of which the claim is made.(a) Benefit in respect of any day more than 21 days before the' date on which the claim is made.
(b) Where the claim is not an original claim but is the first claim made by the claimant after he has become or again becomes incapable of work.(b) The period of 6 days from the earliest day in respect of which the claim is made.(b) Benefit in respect of any day more than 6 days before the date on which the claim is made.
(c) Where the claim is a continuation claim, that is to say a claim to which neither sub-paragraph (a) nor sub-paragraph (b) of this paragraph applies.(c) The period of 10 days from the earliest day in respect of which the claim is made.(c) Benefit in respect of any day more than 10 days before the date on which the claim is made.
4. Increase, in respect of a child or adult dependant, of unemployment benefit, sickness benefit, invalidity pension, maternity allowance, injury benefit, non-contributory invalidity pension or an invalid care allowance.The period of 1 month from the day in respect of which the claim is made.Benefit in respect of any day more than 1 month before the date on which the claim is made.
5. Maternity benefit—
(a) maternity grant in respect of expectation of confinement.(a) The period beginning with the 14th week before the week in which it is to be expected that the claimant will be confined and ending immediately before the date of the confinement.(a) The benefit claimed.
(b) Maternity grant by virtue of the fact of confinement.(b) The period of 3 months beginning with the date of the confinement.(b) The benefit claimed.
(c) Maternity allowance in respect of expectation of confinement (not being an increase of benefit in respect of a child or adult dependant).(c) The period of 3 weeks beginning with the 14th week before the week in which it is to be expected that the claimant will be confined.(c) Benefit in respect of any period before the beginning of the week in which the claim is made.
(d) Maternity allowance by virtue of the fact of confinement (not being an increase of benefit in respect of a child or adult dependant).(d) The period of 3 weeks beginning with the date of the confinement.(d) Benefit in respect of any period before the beginning of the week in which the claim is made.
6. Retirement pension of any category (not including a Category B retirement pension to which a woman is entitled by virtue of section 29(5)), widow's benefit, benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance, child's special allowance, guardian's allowance; and any increases of those benefits in respect of a child or adult dependant.The period of 3 months from the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto.Benefit in respect of any period more than 3 months before the date on which the claim is made.
7. Death grant.The period of 6 months (or such longer period as the Secretary of State may determine in the circumstances of any particular case) from the date of the death of the deceased.The benefit claimed.
8. Disablement benefit (not being an increase of benefit).The period of 3 months from the first day on which the conditions for the receipt of that benefit are satisfied.Disablement pension (including disablement pension paid in lieu of gratuity) in respect of any period more than 3 months before the date on which the claim is made.
9. Industrial death benefit.The period of 3 months from the date of the death of the deceased or, where the conditions for the receipt of that benefit cannot be satisfied until some later date, from that date.Benefit in respect of any period more than 3 months before the date on which the claim is made.
10. Increase of disablement benefit under section 58, 59, 60, 61, 62 or 63 on the grounds respectively of unemployability, special hardship, need of constant attendance, receipt of hospital treatment or exceptionally severe disablement.The period of 3 months from the first day on which the conditions for the receipt of the increase are satisfied.Benefit in respect of any period more than 3 months before the date on which the claim is made.
11. Increase, in respect of a child or adult dependant, of disablement benefit.The period of 3 months from the first day on which the conditions for the receipt of the increase are satisfied.Benefit in respect of any period more than 3 months before the date on which the claim is made.

Regulations 2(4) and 14

SCHEDULE 2E+W+S+N.I.CONTAINING MISCELLANEOUS SPECIAL PROVISIONS RELATING TO INJURY BENEFIT, UNEMPLOYMENT BENEFIT, SICKNESS BENEFIT, INVALIDITY BENEFIT, NON-CONTRIBUTORY INVALIDITY PENSION, MATERNITY ALLOWANCE AND RETIREMENT PENSIONS, INCLUDING PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 1

Unemployment Benefit E+W+S+N.I.

1.  A person who claims unemployment benefit in respect of any day shall not be disqualified for the receipt of that benefit by reason of his failure to make a claim for it on that day if—

(a)that claim is made on a day specified for the purpose of his claiming unemployment benefit in a notice previously given to him by the Secretary of State; and either

(b)that claim is made on the first or only day so specified in that notice; or

(c)he has claimed unemployment benefit on every day so specified in that notice which falls before the day on which that claim is made.

Sickness, Invalidity and Injury Benefit and Non-Contributory Invalidity Pension E+W+S+N.I.

Hospital in-patients

2.—(1) When it is being determined whether the provisions of regulation 14(2) or 14(3)(b) have been satisfied by a person who is, or has been, an in-patient in a hospital and who makes a claim for sickness, invalidity or injury benefit or non-contributory invalidity pension, any such provision shall, in relation only to that claim, be deemed to have been satisfied by him in respect of that one of the following periods which is appropriate in so far as it is relevant for the purpose of any provision:—E+W+S+N.I.

(a)where the person concerned has been discharged from the hospital, the period commencing on the date of his admission thereto as an in-patient and ending 13 weeks thereafter or 3 weeks after the date of his discharge, whichever period is the shorter; or

(b)where the person concerned has not been so discharged, the period of 13 weeks from the date of his admission to the hospital as an in-patient;

and where the person concerned claims an increase of that benefit or pension in respect of a child or adult dependant within the period of 1 month from the date of the claim to that benefit or pension, any such provision shall be deemed to be satisfied for the whole of the period in respect of which the claim to that benefit or pension is made.

(2) For the purposes of paragraph 2(1) above—

(a)in ascertaining the date of admission to hospital of the person concerned, where that person has previously been an in-patient in one or more hospitals for one or more periods any such period shall be taken into account; so however that the interval, or (if there was more than one previous period as an in-patient) each interval, between the end of such period and the beginning of the appropriate period specified in paragraph 2(1) above does not exceed 3 weeks;

(b)"hospital”” means any institution for the reception and treatment of persons suffering from illness and any maternity home (and, for this purpose, “"illness”” includes mental disorder and any injury or disability requiring medical treatment or nursing); and

(c)"in-patient”” means a person who is admitted as an in-patient to a hospital for the purpose of receiving treatment (not being treatment during convalescence) by or under the direction of a registered medical practitioner.

Maternity Allowance E+W+S+N.I.

3.—(1) Subject to the following provisions of this paragraph, a claim for an increase in respect of a child or adult dependant of a maternity allowance in expectation of confinement may be made before the first week for which that allowance could be awarded but shall not be made earlier than the period specified in respect of a claim for maternity allowance by Schedule 1, paragraph S(c), column (2).

(2) A claim for an increase of maternity allowance in respect of a child or adult dependant may not be made in advance unless, on the date when made, the circumstances relating to the child or adult dependant concerned are such as would qualify the claimant for such an increase if they occurred in a period for which she was entitled to a maternity allowance.

(3) A claim for an increase of maternity allowance made in advance under this paragraph shall be treated as not having been made if the claimant fails within the period specified by Schedule 1, paragraph 4, column (2), to provide such certificates, documents, information or evidence as may be required under regulation 7.

Retirement Pensions E+W+S+N.I.

4.—(1) A claim for a retirement pension of any category may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.

(2) A notice for the purpose of section 27(4) (retirement from regular employment) shall be given to the Secretary of State in writing and shall specify a date, being a date not earlier than the date on which the person giving the notice attains pensionable age and not later than the expiration of the period of 4 months after the date on which the notice is given, as the date of that persons retirement.

(3) For the purposes of section 27(4) the prescribed period shall be the period of 3 months; but that period shall be extended to the commencement of any continuous period immediately preceding the said period of 3 months throughout which the person giving the notice proves that there was good cause for the delay in giving such notice, so however that the prescribed period shall in no case exceed 12 months.

(4) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension, a person may at any time not more than 4 months before the date' on which he will attain pensionable age, and notwithstanding that he does. not intend to retire from regular employment at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act relating to that person's title to such a retirement pension other than the question of retirement, and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.

Regulation 9(1)

SCHEDULE 3E+W+S+N.I.BENEFIT CLAIMED AND BENEFIT FOR WHICH THE CLAIM MAY BE TREATED AS A CLAIM IN THE ALTERNATIVE

Benefit claimed (1)Alternative benefit (2)
Sickness benefitInvalidity benefit, injury benefit or non-contributory invalidity pension.
Invalidity benefitSickness benefit, injury benefit or non-contributory invalidity pension.
Unemployment benefitSickness benefit, invalidity benefit, injury benefit, unemployability supplement, non-contributory invalidity pension or invalid care allowance.
Non-contributory invalidity pensionSickness benefit, invalidity benefit or injury benefit.
An increase of unemployment benefitAn increase of sickness benefit, invalidity pension, non-contributory invalidity pension or of invalid care allowance.
Sickness benefit for a womanMaternity allowance.
Invalidity benefit for a womanMaternity allowance.
Non-contributory invalidity pension for a womanMaternity allowance.
Maternity allowanceSickness benefit, invalidity benefit or non-contributory invalidity pension.
Category B or Category C retirement pensionWidow's benefit.
A retirement pension of any categoryA retirement pension of any other category.
An increase of sickness benefit or of invalidity pensionAn increase of injury benefit or of non-contributory invalidity pension.
Widow's benefitIndustrial death benefit for a widow in respect of her late husband.
Guardian's allowanceIndustrial death benefit in respect of a child of the deceased's family.
Attendance allowanceAn increase of disablement pension where constant attendance is needed.
An increase of injury benefitAn increase of sickness benefit, invalidity pension or of non-contributory invalidity pension.
Industrial death benefit for a widow in respect of her late husbandWidow's benefit.
Industrial death benefit in respect of a child of the deceased's familyGuardian's allowance.
An increase of disablement pension where constant attendance is neededAttendance allowance.
Injury benefitSickness benefit, invalidity benefit or non-contributory invalidity pension.
An increase of non-contributory invalidity pensionAn increase of sickness benefit, invalidity benefit or injury benefit.

In this Schedule—

(a)references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant.

(b)"Widow's benefit”” means widow's benefit under Chapter I ‘of Part II of the Act and benefit by virtue of section 39(4) corresponding to a widow's pension or a widowed mother's allowance.

Regulations 24 and 25

SCHEDULE 4E+W+S+N.I.PARTICULARS TO BE GIVEN OF ACCIDENTS

(1) Full name, address and occupation of injured person;

(2) Date and time of accident;

(3) Place where accident happened;

(4) Cause and nature of injury;

(5) Name, address and occupation of person giving the notice, if other than the injured person.

Regulation 32

SCHEDULE 5E+W+S+N.I.REGULATIONS REVOKED

Regulation revoked (1)Reference (2)Extent of revocation (3)
The Social Security (Claims and Payments) Regulations 1975S.I.1975/560The whole of the Regulations
The Social Security (Non-Contributory Invalidity Pension) Regulations 1975S:I.1975/1058

Regulation 21 (and

Schedule 2)

The Social Security (Non-Contributory Invalidity Pension) Amendment Regulations 1975S.I. 1975/1166Regulation 3
The Social Security (Invalid Care Allowance) Regulations 1976S.I.1976/409Regulation 17
The Social Security (Medical Evidence) Regulations 1976S.I.1976/615Regulation 3
The Social Security (Miscellaneous Amendments) Regulations 1976S.I.1976/1736Regulation 5
The Social Security (Child Benefit Consequential) Regulations 1977S.I.1977/342Regulation 12
The Social Security (Claims and Payments) Amendment Regulations 1977S.I.1977/1288The whole of the Regulations
The Social Security (Attendance Allowance) Amendment Regulations 1977S.I.1977/1361Regulations 7, 8 and 9
The Social Security (Claims and Payments) Amendment (No.2) Regulations 1977S.I.1977/1444The whole of the Regulations
The Social Security (Miscellaneous Amendments) Regulations 1977S.I.1977/1509Regulation 4
The Social Security (Miscellaneous Amendments) Regulations 1978S.I.1978/433Regulation 4

Explanatory Note

(This Note is not part of the Regulations.)

These Regulations are made for the purpose only of consolidating the Social Security (Claims and Payments) Regulations 1975 with subsequent amending regulations. They provide for the manner in which claims for and payments of benefits under the Social Security Act 1975 are to be made.

Part I of the Regulations contains general provisions including definitions.

Part II (with Schedules 1 to 3) includes provisions concerning circumstances when claims are not required, how claims for benefits are to be made-the forms and information required, amendments and interchange with other claims-forward allowance and disallowance of certain benefits, time limits for claims and disqualification for late claim.

Part III contains provisions concerning time and manner of payment of benefits, extinguishment of rights where benefits not obtained within specified time limits and information to be given by persons in receipt of benefit.

Part IV (with Schedule 4) relates to industrial injuries benefit and includes provisions that require notice to be given of accidents, impose obligations on employers, claimants and beneficiaries and enable claims for disablement benefit to be withdrawn.

Part V contains miscellaneous provisions relating to persons unable to act, payment on death, payment to third parties, penalties for breach of the regulations and, with Schedule 5, specifies provisions that are revoked.

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