Social Security Act 1973

Section 38.

SCHEDULE 10 Ancillary provisions as to basic scheme benefit (and also other benefits)

Claims

1 (1) Subject to sub-paragraphs (2) and (3) below, and to section 23(6) of this Act, it shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner, except that in such cases as may be prescribed the following benefits may be paid without a claim—

(a) a Category A or Category B retirement pension to a woman over the age of 65 on her ceasing to be entitled to widow's benefit;

(b) a Category C or Category D retirement pension ;

(c) age addition.

(2) Regulations may make provision—

(a) for permitting, in such circumstances as may be prescribed, a claim for sickness benefit or invalidity benefit or injury benefit under the Industrial Injuries Act to be made, or to be treated as if made, for a period falling partly after the date of the claim ;

(b) for permitting an award on any such claim to be made for a period after the date of the claim of not more than 13 weeks (or such shorter period as the Secretary of State may in any case direct) subject to the condition that the claimant continues during that period to satisfy the requirements for the benefit in question ;

(c) for the review of any such award if those requirements are found not to have been satisfied at some time during the period of the award ;

(d) for the disallowance of a person's claim for unemployment benefit, sickness benefit or invalidity benefit on any grounds to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist.

(3) Regulations under this Act or the Industrial Injuries Acts may make provision as to the circumstances in which any benefit (under Part I of this Act or under those Acts) which is payable to one person may be paid to another on his behalf.

(4) Any claim for benefit under this Act may be treated—

(a) for the purposes of this paragraph as a claim, in the alternative, for such other benefit thereunder as may be prescribed ; or

(b) for the purposes of the Industrial Injuries Acts as a claim, in the alternative, for such benefit under those Acts as may be prescribed; or

(c) for the purposes of the Family Allowances Act (in any prescribed cases) as a claim, in the alternative, for a payment under that Act;

and any claim for benefit under the [1966 c. 20.] Industrial Injuries Acts, or the Supplementary Benefit Act 1966, or a payment under the Family Allowances Act, may be treated for the purposes of this paragraph as a claim, in the alternative, for such benefit under this Act as may be prescribed.

(5) For the purposes of this Act any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

Disqualification for, or suspension of, benefit

2 (1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit, and an increase of benefit shall not be payable in respect of any person as the beneficiary's wife or husband, for any period during which that person—

(a) is absent from Great Britain ; or

(b) is undergoing imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment to or in respect of any person during any such period as aforesaid of benefit which is excepted from the operation of sub-paragraph (1) above or which is payable otherwise than in respect of that period.

(3) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim therefor within the prescribed time; but any such regulations shall provide for extending, subject to any prescribed conditions, the time within which the claim may be made in cases where good cause is shown for delay.

(4) Notwithstanding any regulations made by virtue of sub-paragraph (3) above, no sum shall be paid to any person—

(a) on account of a maternity grant in respect of a confinement occurring more than 12 months before the date on which the claim for the grant is made ;

(b) on account of a death grant in any case where the prescribed time for making a claim falls to be extended by virtue of that sub-paragraph by more than 12 months;

(c) on account of any other benefit in respect of any period more than 12 months before the date on which the claim for the benefit is made.

(5) Regulations may provide for treating a person for the purposes of the following provisions of this Act—

(a) section 10(8);

(b) section 13 ; and

(c) section 17(4),

as having been entitled to benefit for any day if he would have been so entitled but for any delay or failure to make or prosecute a claim; but a person shall not be so treated where he shows that he did not intend, by failing to acquire or establish a right to benefit for that day, to cause a new period of interruption of employment to begin for the purposes of earnings-related supplement, or to avoid the necessity for requalifying for benefit.

(6) Subject to sub-paragraph (7) below, where it appears to the Secretary of State that a question has arisen whether—

(a) the conditions for the receipt of benefit payable under an award are or were fulfilled; or

(b) an award of benefit ought to be revised in accordance with Part IV of the former principal Act,

he may direct that payment of the benefit shall be suspended in whole or in part until that question has been determined ; but this sub-paragraph shall not apply in any case where the question has arisen as to whether the claimant has ceased to be entitled to receive unemployment benefit by reason of any of the provisions of section 14(2)(b) to (e) of this Act.

(7) Regulations may provide that sub-paragraph (b) above shall cease to apply to any case, or to cases of any specified description, to which it would otherwise apply, or shall apply to cases of any specified description to which it would otherwise not apply.

Overlapping benefits, etc.

3 (1) Regulations may provide—

(a) for adjusting benefit payable to or in respect of any person, or the conditions for its receipt, where—

(i) any pension or allowance payable out of public funds (excluding an allowance under the Family Allowances Act, but including any other benefit under this Act whether of the same or a different description) is payable to or in respect of that person or that person's wife or husband; or

(ii) that person is undergoing medical or other treatment as an in-patient in a hospital or similar institution ;

(b) for suspending payment of benefit to a person during any period during which he is undergoing such medical or other treatment.

(2) Where but for regulations made by virtue of sub-paragraph (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

Set-off of overpayments

4 (1) Where a person has received on account of benefit or a family allowance sums to which, by virtue of any provision of, or regulation under, this Act, the former principal Act or the Industrial Injuries Act, or by virtue of section 11(6) of the Family Allowances Act, he was disentitled by reason of his being entitled by virtue of a subsequent award to other benefit or, as the case may be, to a guardian's allowance under section 22 of this Act, then, except in so far as regulations otherwise provide, the decision making that subsequent award shall direct that those sums shall be treated as having been paid on account of the benefit thereby awarded.

(2) Where on review or appeal a decision awarding a person benefit is revised, or is reversed or varied, but he retains any sums paid in pursuance of the original decision which would not have been payable if the decision on the review or appeal had been given in the first instance, then, except in so far as regulations otherwise provide, any decision awarding him other benefit or a family allowance, being a benefit or allowance to which a right to any of those sums would by virtue of any such provision as aforesaid or of the said section 11(6) have disentitled him, shall direct that that sum, up to the amount of the other benefit or allowance to which he would by his right to that sum have been so disentitled, shall be treated as having been paid on account of the other benefit or allowance.

(3) Where a sum paid on account of any benefit or of a family allowance is by virtue of sub-paragraph (1) or (2) above, or any other enactment, to be treated as having been paid on account of other benefit or such an allowance, it shall be so treated for all purposes, including the subsequent operation in relation to it of sub-paragraph (1) or (2) above or any other enactment relating to benefit or family allowance overpaid.

(4) For the purposes of this paragraph—

(a) a person shall be treated as retaining any sum which has been received by him and not repaid, except that he shall not be treated as retaining a sum if under any other enactment a direction has been given for it to be repaid ;

(b) in the case of sums paid by way of benefit under this Act in respect of a child of the family of a man and his wife living together or on account of a family allowance for such a family, the man shall be treated as having received any sum which, if properly paid, would have been receivable by him, and the wife any sum which, if properly paid, would have been receivable by her.

5 Regulations may provide for treating benefit paid to one person in respect of another as being a child of the family, or the wife or husband, or an adult dependant, of the payee as having been properly paid for any period for which it is not in fact payable in cases where in consequence of a subsequent decision either—

(a) the other person is himself entitled to benefit for that period ; or

(b) a third person is entitled to benefit for that period in respect of the other person in priority to the payee,

and for reducing or withholding accordingly any arrears payable for that period by virtue of the subsequent decision.

6 In paragraphs 4 and 5 above, the expression " benefit" means benefit either under Part I of this Act or under the Industrial Injuries Acts; and in paragraph 4(1) or (2) above any reference to a decision awarding benefit or a family allowance includes a decision making any benefit or family allowance payable at a higher rate.

Disqualifications etc. to be disregarded for certain purposes

7 (1) Subject to the following sub-paragraph, regulations may provide for a person who would be entitled to any benefit but for the operation of paragraph 2 or 3 above, or of any other provision of this Act disqualifying him for receipt of that benefit, to be treated as if entitled thereto for the purpose of any rights or obligations under Chapter II of Part I of this Act (whether of himself or any other person) which depend on his being so entitled, other than the right to payment of that benefit.

(2) Regulations under this paragraph shall not provide for a person disqualified for receiving unemployment benefit by reason only of a delay or failure to make a claim to be treated as having been entitled thereto for the purpose of ascertaining whether his right to that benefit has been exhausted.

Administration of benefit

8 (1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment.

(2) Regulations made under this paragraph as to the time of payment of benefit may provide—

(a) notwithstanding anything in this Act, for adjusting the commencement and termination of benefit, or of changes in the rate of benefit, so that (except in the case of unemployment benefit, sickness benefit, invalidity benefit and a maternity allowance) payments shall not be made in respect of periods of less than a week or at different rates for different parts of a week ;

(b) for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within a prescribed period, not being less than 12 months, from the date on which the right is to be treated under the regulations as having arisen.

(3) Regulations may also provide—

(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is a child or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act, and for authorising a person so appointed to receive and deal with any sum payable by way of benefit, on behalf of the claimant or beneficiary ;

(b) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name, for authorising payment or distribution of benefit to or amongst persons claiming as his personal representatives, legatees, next of kin or creditors (or, in cases of illegitimacy of deceased persons, to or amongst others) and for dispensing with strict proof of the title of persons so claiming.

(4) Regulations under sub-paragraph (3)(b) above may make provision with respect to claims for, and the payment of, death grant as if it were a benefit due to the deceased at his death and as if the reference in that sub-paragraph to creditors included a reference to any person who gives an undertaking in writing to pay the whole or part of the deceased's funeral expenses; and for the purposes of that sub-paragraph the expression " next of kin " shall be construed as referring—

(a) in England and Wales, to persons who would take beneficially on an intestacy;

(b) in Scotland, to the persons entitled to the moveable estate of the deceased on intestacy.

(5) Regulations may make provision for calculating the amounts payable by way of any benefit according to a prescribed scale, or otherwise adjusting them so as to avoid fractional amounts or facilitate computation.

Benefit to be inalienable

9 (1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of a beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of this paragraph to Scotland—

(a) the reference to assignment of benefit shall be read as a reference to its assignation, " assign" being construed accordingly ;

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 14 of the [1913 c. 20.] Bankruptcy (Scotland) Act 1913 or section 15 of the [1958 c. 28.] Solicitors (Scotland) Act 1958.

Provisions as to maintenance

10 (1) Regulations may provide for determining the circumstances in which a person is, or is not, to be deemed for the purposes of this Act to be wholly or mainly maintaining, or to be contributing at any weekly rate to the maintenance of, another person, or to be or have been contributing at any weekly rate to the cost of providing for a child.

(2) Regulations under sub-paragraph (1) above may provide, for the purpose of the provisions relating to an increase of benefit in respect of a wife or other adult dependant, that where—

(a) a person is partly maintained by each of two or more beneficiaries, each of whom would be entitled to such an increase in respect of that person if he were wholly or mainly maintaining that person ; and

(b) the contributions made by those two or more beneficiaries towards the maintenance of the person amount in the aggregate to sums which would, if they had been contributed by one of those beneficiaries, be sufficient to satisfy the requirements of regulations made by virtue of sub-paragraph (1),

that person shall be deemed for the purpose of those provisions to be wholly or mainly maintained by such of those beneficiaries as may be prescribed.

(3) Regulations may provide for any sum or sums paid by a person by way of contribution towards (either or both) the maintenance of his wife or the cost of providing for one or more children, to be treated for the purposes of section 29(c)(i), 32(3), 33(1)(b), 34(1)(a)(ii), or 35(1)(b) of this Act as such contributions, of such respective amounts equal in the aggregate to the sum or sums in question, in respect of such persons, as may be determined in accordance with the regulations so as to secure as large a payment as possible by way of benefit in respect of dependants.