The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988

Amendment of the Claims and Payments Regulations

3.—(1) The Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1) after the definition of “partner” there shall be inserted the following definition—

• ““period of cold weather” means that period set out in regulation 1(2) of the Social Fund Cold Weather Payments (General) Regulations 1988(1);”;

(b) in paragraph (2)(b) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)”(2).

(3) In paragraph (3) of regulation 6 (date of claim) after the words “maternity or funeral expenses” there shall be added the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(4) After regulation 15 there shall be inserted the following regulation—

“Cold weather payments

15A.— (1) Where a person claims expenses for heating in respect of a period of cold weather and an award is made in respect of that claim then in any other subsequent period of cold weather occurring between the end of that period and 30th April immediately following the adjudicating authority may—

(a) treat the claim also as if made for that subsequent period; and

(b) award benefit accordingly, subject to the condition that the person satisfies the prescribed circumstances set out in regulation 2(1) of the Social Fund Cold Weather Payments (General) Regulations 1988.

(2) An award under paragraph (1)(b) shall be reviewed by the adjudicating authority if the prescribed circumstances are found not to have been satisfied in any subsequent period.”.

(5) In paragraph (4) of regulation 19 (time for claiming benefit) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(6) In paragraph (5) of regulation 30 (payments on death) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)”.

(7) In paragraph (2) of regulation 35 (deductions from benefit and direct payments to third parties) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(8) In Schedule 4 (prescribed time for claiming benefit)—

(a) in column 1 (description of benefit) below paragraph 9 there shall be inserted the following paragraph—

“9A.   Social fund payment to meet expenses for heating incurred in a period of cold weather.”;

• and

(b) in column 2 (prescribed time for claiming benefit) there shall be inserted, so as to relate to paragraph 9A, “3 months from the last day of the period of cold weather recorded at the designated National Climatological Message Station appropriate to the claimant.”.

(1)

S.I. 1988/1724.

(2)

Section 32(2A) of the 1986 Act was inserted by section 11 of and Schedule 3, paragraph 2 to the Social Security Act 1988 (c. 7).