The Social Security (Claims and Payments) Amendment Regulations 1988

3

In the case of a claim for income support, family credit or a social fund payment for maternity or funeral expenses, where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.

4

Paragraph (3) shall not apply when the time for claiming income support or family credit has been extended under regulation 19 and the failure to claim within the prescribed time for the purposes of that regulation is for the reason only that the claim has been sent by post.

1A

Where a claim for family credit is made in accordance with paragraph 7(a) of Schedule 4 for a period following the expiration of an existing award of family credit, entitlement shall begin on the day after the expiration of that award.

1B

Where a claim for family credit is made on or after the date when an up-rating order is made under section 63(2) of the Social Security Act 1986, but before the date when that order comes into force, and—

a

an award cannot be made on that claim as at the date it is made but could have been made if that order were then in force, and

b

the period beginning with the date of claim and ending immediately before the date when the order came into force does not exceed 28 days,

entitlement shall begin from the date the up-rating order comes into force.

3

For the purposes of this regulation the first day of the benefit week—

a

in the case of child benefit is Monday,

b

in the case of family credit is Tuesday, and

c

in any other case is the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits).

7

1

Subject to the following sub-paragraphs, where the amount of income support payable under an award is changed because of a change of circumstances that change shall have effect—

a

where income support is paid in arrears, from the first day of the benefit week in which the change occurs; or

b

where income support is paid in advance, from the date of the change of circumstances if that is the first day of the benefit week and otherwise from the next following such day.

2

In the cases set out in sub-paragraph (3) the change shall have effect from the date of the change of circumstances.

3

The cases referred to in sub-paragraph (2) are where—

a

income support is paid in arrears and entitlement ends for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986;

b

a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of a local authority or detained in custody) lives with the claimant for part only of the benefit week;

c

a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;

d

a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either—

i

ceases to be a patient, or

ii

a member of his family ceases to be a patient,

in either case for a period of less than a week;

e

either—

i

a person referred to in paragraphs 4 or 5 of Schedule 7 to the Income Support Regulations enters board and lodging accommodation (as defined in regulation 20(2) of those regulations), or

ii

a member of his family enters such accommodation;

f

a person to whom section 23 of the Social Security Act 19869 applies either—

i

becomes incapable of work by reason of disease or bodily or mental disablement, or

ii

enters the maternity period (as defined in section 23(2) of that Act);

g

during the currency of a claim the claimant makes a claim for a relevant social security benefit and as a result his benefit week changes.

4

Where, in the cases set out in sub-paragraphs (3)(b) to (f), the circumstances which have caused the award to be changed cease to apply and the award is changed again that second change of circumstances shall take effect from the date of the second change.

5

Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any change of circumstances resulting from that payment shall have effect on the day on which it was treated as paid.

6

Where the change of circumstances requires a reduction in the amount of income support then, if the Secretary of State certifies that it is impracticable to give effect to that reduction from any date specified in the previous sub-paragraphs then, except where sub-paragraph (3)(g) or (5) applies, the change shall have effect from the first day of the following benefit week.

• “5 per cent. of the personal allowance for the single claimant aged not less than 25” and “10 per cent. of the personal allowance for the single claimant aged not less than 25” means, in each case, where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. or that 10 per cent. as the case may be to the next higher such multiple;