The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997

Substitution of regulation 19 of the Claims and Payments Regulations

6.  For regulation 19 of the Claims and Payments Regulations(1) (time for claiming benefit) there shall be substituted the following regulation—

“Time for claiming benefit

19.— (1) Subject to the following provisions of this regulation, the prescribed time for claiming any benefit specified in column (1) of Schedule 4 is the appropriate time specified opposite that benefit in column (2) of that Schedule.

(2) The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.

(3) The benefits to which paragraph (2) applies are—

(a) child benefit;

(b) guardian’s allowance;

(c) graduated retirement benefit(2);

(d) invalid care allowance;

(e) maternity allowance;

(f) retirement pension of any category;

(g) widow’s benefit;

(h) except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish), any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.

(4) Subject to paragraph (8), in the case of a claim for income support, jobseeker’s allowance, family credit or disability working allowance, where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of three months, to the date on which the claim is made, where—

(a) any of the circumstances specified in paragraph (5) applies or has applied to the claimant; and

(b) as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.

(5) The circumstances referred to in paragraph (4) are—

(a) the claimant has difficulty communicating because—

(i) he has learning, language or literacy difficulties; or

(ii) he is deaf or blind,

and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(b) except in the case of a claim for jobseeker’s allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(c) the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(d) the claimant was given information by an officer of the Department of Social Security or of the Department for Education and Employment which led the claimant to believe that a claim for benefit would not succeed;

(e) the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;

(f) the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;

(g) the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or

(h) the claimant was prevented by adverse weather conditions from attending the appropriate office.

(6) In the case of a claim for income support, jobseeker’s allowance, family credit or disability working allowance, where—

(a) the claim is not made within the time specified for that benefit in Schedule 4, but is made within one month of the expiry of that time; and

(b) the Secretary of State considers that to do so would be consistent with the proper administration of benefit,

the Secretary of State may direct that the prescribed time for claiming shall be extended by such period as he considers appropriate, subject to a maximum of one month, where any of the circumstances specified in paragraph (7) applies.

(7) The circumstances referred to in paragraph (6) are—

(a) the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;

(b) the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;

(c) there were adverse postal conditions;

(d) the claimant was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that his entitlement expired;

(e) in the case of a claim for family credit, the claimant had previously been entitled to income support or jobseeker’s allowance (“the previous benefit”), and the claim for family credit was made within one month of expiry of entitlement to the previous benefit;

(f) except in the case of a claim for family credit or disability working allowance, the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made; or

(g) during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose “close relative” means partner, parent, son, daughter, brother or sister.

(8) This regulation shall not have effect with respect to a claim to which regulation 21ZA(2) of the Income Support (General) Regulations 1987(3) (treatment of refugees) applies.”.

(1)

Relevant amending instruments are S.I. 1988/522, 1989/1686, 1991/2284 and 2741, 1992/247 and 2595, 1993/2113 and 1996/425, 1460, 2306 and 2431.

(2)

Graduated retirement benefit is payable under section 36 of the National Insurance Act 1965 (c. 51). Section 36 was repealed by the Social Security Act 1973 (c. 38) but is continued in force, subject to modifications, by regulation 3 of the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 (S.I. 1978/393).

(3)

S.I. 1987/1967; regulation 21ZA was inserted by S.I. 1996/2431.