The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Adjudication) Regulations 1986 (the Adjudication Regulations), the Social Security (Claims and Payments) Regulations 1987 (the Claims and Payments Regulations) and the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (the Payments on account, Overpayments and Recovery Regulations) (collectively the Common Provisions Regulations).

Regulation 2(3) amends regulation 53 of the Adjudication Regulations by extending the definition of a medical question to include consideration of existing medical questions as at the day before his 65th birthday in the case of a person who when his claim is received or treated as received is over the age of 65 but under 66. Regulation 2(6) amends regulation 71 of the Adjudication Regulations to limit any payment for heating expenses incurred in a period of cold weather following a review to twelve months.

Regulation 3 only contains amendments following the Social Fund Cold Weather Payments (General) Regulations 1988 for the purpose of claims for and payments of social fund payments in respect of expenses for heating incurred in cold weather. In particular regulation 3(4) inserts a new regulation 15A into the Claims and Payments Regulations to provide that where an award is made on a claim for such expenses it shall be treated as a claim for other periods of cold weather occurring between the end of that first period and the 30th April immediately following, providing the claimant meets the prescribed circumstances and an award is made accordingly. Further provision is made for the adjudicating authorities to review in the event of the prescribed circumstances not being met. Regulation 3(8) amends Schedule 4 to the Claims and Payments Regulations to prescribe the time for making a claim for such expenses as being three months from the last day of the period of cold weather recorded at the designated National Climatological Message Station relevant to the claimant.

The regulations also contain amendments to the Common Provisions Regulations of a minor nature flowing from the introduction of sections 23A and 32(2A) into the Social Security Act 1986 by the Social Security Act 1988.