The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 2005 and shall come into force on 2nd May 2005.

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

2.—(1) The Social Security (Claims and Payments) Regulations 1987(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 4 (making a claim for benefit)—

(a) in paragraph (1)(2) for “Every” substitute “Subject to paragraphs (10)(3) and (11), every”; and

(b) after paragraph (10), add—

“(11) A claim for graduated retirement benefit or retirement pension may be made by telephone call to the telephone number specified by the Secretary of State, unless the Secretary of State directs, in any particular case, that the claim must be made in writing.

(12) A claim made by telephone in accordance with paragraph (11) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.

(13) Where a claim made by telephone is defective, the Secretary of State may refer the claim to the person making it.

(14) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date he referred the claim to the person, the Secretary of State shall treat the claim as if it had been duly made in the first instance.”.

(3) In regulation 5(1) (amendment and withdrawal of claim), after “office”, insert “except where the claim was made by telephone, in accordance with regulation 4(11), where the amendment may be made by telephone,”.

(4) In regulation 6(1)(4) (date of claim), after sub-paragraph (b) insert—

“(c) in the case of a claim made by telephone in accordance with regulation 4(11), the date of that telephone call;

(d) in the case of a claim made by telephone which is defective but which is treated, under regulation 4(14) as having been duly made, the date of that telephone call.”.

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

3.  In regulation 11(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988(5) (recovery of overpayments by automated or other direct credit transfer), for sub-paragraph (b), substitute—

“(b) notice of the effect which this regulation would have, in the event of an overpayment, was given to the beneficiary or to a person acting for him—

(i) in writing, where the claim was made in writing; or

(ii) either orally or in writing, where the claim was made by telephone

before he agreed to the arrangement.”.

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Minister of State,

Department for Work and Pensions

11th January 2005