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The Social Security (Claims and Payments) Regulations 1979

Status:

This is the original version (as it was originally made).

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.

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