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The Social Security (Claims and Payments) Regulations 1979

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This is the original version (as it was originally made).

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 F1, 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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