The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (“the 1987 Regulations”), the Jobseeker’s Allowance Regulations 1996 (“the 1996 Regulations”), the Social Security and Child Support (Decisions & Appeals) Regulations 1999 (“the 1999 Regulations”) and the Social Security (Notification of Change of Circumstances) Regulations 2001 (“the 2001 Regulations”).

Regulation 2 amends the 1987 Regulations. Paragraphs (2), (7), (11), (12) and (13) omit provisions which provide for instruments for benefit payment. Regulation 7 makes consequential revocations.

Regulation 2(3) allows claims for a disability living allowance and a carer’s allowance to be made at offices other than offices of the Department for Work and Pensions which have been approved by the Secretary of State.

Regulation 2(4)(a) provides that where a person first notifies an appropriate office that he intends to claim incapacity benefit and his properly completed claim is received in such an office within one month, the date of claim is the date of the first notification, and provide that a person who has attained the qualifying age for state pension credit may notify his intention and may send or deliver his claim to an office approved by the Secretary of State.

Regulation 2(4)(b) to (e) allows a claim for carer’s allowance to be treated as made on the first day for which the qualifying benefit is payable, where the claim is made within three months of the date of the award of that qualifying benefit.

Regulation 2(5) provides that where a person subject to work-focused interviews notifies an appropriate office of his intention of making a claim for incapacity benefit and a properly completed claim is received within one month, the date of claim is the date of first notification.

Regulation 2(6), (10)(b) and (13) omit provisions which provide that benefit shall be paid by instrument of payment.

Regulation 2(8) provides for an appointee, or other specified persons acting on behalf of a person claiming or entitled to benefit, to arrange for it to be paid by direct credit transfer.

Regulation 2(9)(b), (10)(d) and (12) revoke provisions concerning books of serial orders.

Regulation 2(14) increases the amount allowed for personal expenses for a person in accommodation for which benefit is paid to his accommodation provider.

Regulation 3(2) and (3) enables a person to claim state pension credit by telephone unless the Secretary of State directs that the claimant must approve a written statement of his circumstances provided for the purpose by the Secretary of State. Paragraph (4) enables a person who has made such a claim to amend it by telephone.

Regulation 4 amends the 1996 Regulations to provide that a change of circumstances affecting the continuance of entitlement to, or the payment of, jobseeker’s allowance shall be notified to the Secretary of State in writing or by telephone (unless he requires the person to give written notice or accepts another means of notification) or, if he so requires in a class of case, the change shall be notified in writing unless he accepts another means of notification in any particular case.

Regulation 5 amends the 1999 Regulations. Paragraph (2) allows the Secretary of State to revise a decision where a determination necessary to it has been revised or overturned on appeal. Paragraph (3) amends regulation 7 in two ways. First, it removes the exception from the general rule for determining the effective date of a change of circumstances which is not advantageous. Secondly, it provides that where the claimant, who would otherwise be a severely disabled person, ceases to have a non-dependant, the effective date is the date the claimant ceased to have a non-dependant. Paragraph (4) amends Schedule 3B so that, subject to exceptions, a change of circumstances must take effect on the first day of the benefit week following the change.

Regulation 6 amends the 2001 Regulations to make provision similar to regulation 4 for the purpose of offences relating to failure to notify changes of circumstances.

A full regulatory impact assessment has not been prepared for this instrument as it has no significant impact on the costs of business, charities and voluntary bodies.