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The Social Security (Claims and Payments) Regulations 1987

Type Statutory-Instrument

Publication 1987-11-20

Last updated 2026-07-17

State In force

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Source legislation.gov.uk

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(a) paragraph 3C(2)(a) of Schedule 5 to the Contributions and Benefits Act (electing to have an increase of pension), where paragraph (5D)(a) applies; or

(b) paragraph 17(2)(a) of Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (electing to have an increase in benefit), where paragraph (5D)(c) applies.

(5H) Where a person makes a claim under paragraph (5) for a state pension under Part 1 of the Pensions Act 2014, the deceased (referred to as W in paragraph (5F)) shall be treated as having made a choice to be paid a state pension under—

(a) section 9 of the Pensions Act 2014 (survivor’s pension based on inheritance of deferred old state pension) in accordance with section 8(2)(b) of that Act; or

(b) Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to section 9 of that Act in accordance with Regulationsunder section 10 which make provision corresponding or similar to section 8(2)(b).

(6) Subject to the following provisions of this regulation, the following conditions are specified for the purposes of paragraph (5)–

(a) within six months of the death an application must have been made in writing to the Secretary of State for a person, whom the Secretary of State thinks fit to be appointed to make the claim, to be so appointed;

(b) a person must have been appointed by the Secretary of State to make the claim;

(6A) Where the conditions specified in paragraph (6B) are satisfied, a person may make a claim for reduced earnings allowance or disablement benefit, including any increase under section 61 or 63 of the Social Security Act 1975, in the name of a person who has died.

(6B) Subject to the following provisions of this regulation, the conditions specified for the purposes of paragraph (6A) are—

(a) that the person who has died would have been entitled to the benefit claimed if he had made a claim for it in the prescribed manner and within the prescribed time;

(b) that within 6 months of a death certificate being issued in respect of the person who has died, the person making the claim has applied to the Secretary of State to be made an appointee of the person who has died ...;

(ba) that that person has been appointed by the Secretary of State to make the claim;

(6C) Subject to paragraph (6D), where the Secretary of State certifies that to do so would be consistent with the proper administration of the Social Security Contributions and Benefits Act 1992 the period specified in paragraphs (6)(a) and (c) and (6B)(b) and (c) shall be extended by such period, not exceeding 6 months, as may be specified in the certificate.

(6D)

(a) Where a certificate is given under paragraph (6C) extending the period specified in paragraph (6)(a) or (6B)(b), the period specified in paragraph (6)(c) or (6B)(c) shall be shortened by a period corresponding to the period specified in the certificate;

(b) no certificate shall be given under paragraph (6C) which would enable a claim to be made more than 12 months after the date of death (in a case falling within paragraph (6)) or the date of a death certificate being issued in respect of the person who has died (in a case falling within paragraph (6B)); and

(c) in the application of sub-paragraph (b) any period between the date when an application for a person to be appointed to make a claim is made and the date when that appointment is made shall be disregarded.

(7) A claim made in accordance with paragraph (5) or paragraph (6A) shall be treated, for the purposes of these regulations, as if made by the deceased on the date of his death.

(8) The Secretary of State or the Board may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

(9) In paragraph (2) “next of kin” means–

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

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

Payments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be traced

30A

Where—

(a) an award of joint-claim jobseeker’s allowance has been awarded to a joint-claim couple;

(b) that couple ceases to be a joint-claim couple; and

(c) the member of the joint-claim couple nominated for the purposes of section 3B of the Jobseekers Act cannot be traced,

arrears on the award of joint-claim jobseeker’s allowance shall be paid to the other member of the former joint-claim couple.

Time and manner of payments of industrial injuries gratuities

31

(1) This regulation applies to any gratuity payable under Chapter IV or V of Part II of the Social Security Act 1975.

(2) Subject to the following provisions of this regulation, every gratuity shall be payable in one sum.

(3) A gratuity may be payable by instalments of such amounts and at such times as appear reasonable in the circumstances of the case to the Secretary of State awarding the gratuity if–

(a) the beneficiary to whom the gratuity has been awarded is, at the date of the award, under the age of 18 years, or

(b) in any other case, the amount of the gratuity so awarded (not being a gratuity payable to the widow of a deceased person on her remarriage) exceeds £52 and the beneficiary requests that payments should be made by instalments.

(4) An appeal shall not be brought against any decision that a gratuity should be payable by instalments or as to the amounts of any such instalments or the time of payment ....

(5) Subject to the provisions of regulation 37 (suspension), a gratuity shall–

(a) if it is payable by equal weekly instalments, be paid in accordance with the provisions of regulation 22 insofar as they are applicable; or

(b) in any case, be paid by such means as may appear to the Secretary of State to be appropriate in the circumstances.

Information to be given and changes to be notified

32

(1) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner ... as the Secretary of State may determine and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act.

(1A) Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.

(1B) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect—

(a) the continuance of entitlement to benefit; or

(b) the payment of the benefit,

as soon as reasonably practicable after the change occurs by giving notice of the change to the appropriate office—

(i) in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii) in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)

(1C) In the case of a person who made a claim for benefit in accordance with regulation 4A(1), a change of circumstances may be notified to a relevant authority at any office to which the claim for benefit could be made in accordance with that provision.

(2) Where any sum is receivable on account of an increase of benefit in respect of an adult dependant, the Secretary of State may require the beneficiary to furnish a declaration signed by such dependant confirming the particulars respecting him, which have been given by the claimant.

(3) In the case of a person who is claiming income support, state pension credit, a jobseeker's allowance or an employment and support allowance where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information—

(a) the name and address of the pension fund holder;

(b) such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(4) Where the pension fund holder receives from the Secretary of State a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (3) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (5) refers.

(5) The information to which this paragraph refers is—

(a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b) in the case of—

(i) a personal pension scheme where income withdrawal is available, the rate of the annuity which may have been purchased with the funds held under the scheme; or

(ii) a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the rate of the annuity which might have been purchased with the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

(6) This regulation shall apply in the case of state pension credit subject to the following modifications—

(a) in connection with the setting of a new assessed income period, the information and evidence which the Secretary of State may require to be notified in accordance with this regulation includes information and evidence as to the likelihood of future changes in the claimant’s circumstances needed to determine—

(i) whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and

(ii) if so, the length of the period to be so specified; ...

(b) except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if—

(i) an assessed income period is current in his case; or

(ii) the period applicable under regulation 17(4) of the Decisions and Appeals Regulations has not expired;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this regulation, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

Alternative means of notifying changes of circumstances

32ZZA

(1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 32(1B) to notify a change of circumstances may be discharged by notifying the Secretary of State as soon as reasonably practicable—

(a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(2) In this regulation “relevant authority” has the same meaning as in the Housing Benefit Regulations 2006 ....

Information given electronically

32ZA

(1) Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.

(2) This regulation applies in relation to an award of—

(a) attendance allowance;

(aa) bereavement support payment;

(b) carer’s allowance;

(d) an employment and support allowance;

(da) incapacity benefit;

(e) income support;

(f) a jobseeker’s allowance.

(g) retirement pension;

(h) state pension credit.

(i) state pension under Part 1 of the Pensions Act 2014.

(j) industrial injuries benefit;

(k) a social fund funeral payment

(l) a social fund payment in respect of maternity expenses;

(m) maternity allowance.

Information given electronically

32A

(1) Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.

(2) This regulation applies in relation to child benefit.

Information relating to awards of benefit

32B

(1) Where an authority or person to whom paragraph (2) applies has arranged with the Secretary of State for the authority or person to receive claims for a specified benefit or obtain information or evidence relating to claims for a specified benefit in accordance with regulation 4 or 4D, the authority or person may—

(a) receive information or evidence which relates to an award of that benefit and which is supplied by—

(i) the person to whom the award has been made; or

(ii) other persons in connection with the award,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(b) verify any information or evidence supplied; and

(c) record the information or evidence supplied and hold it (whether as supplied or recorded) for the purpose of forwarding it to the Secretary of State.

(2) This paragraph applies to—

(a) a local authority administering housing benefit ...;

(b) a county council in England;

(d) a person authorised to exercise any function of a local authority relating to housing benefit ...;

(e) a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992.

(3) In paragraph (1), “specified benefit” means one or more of the following benefits—

(a) attendance allowance;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) carer's allowance;

(e) disability living allowance;

(ee) employment and support allowance;

(f) incapacity benefit;

(g) income support;

(h) jobseeker's allowance;

(i) retirement pension;

(j) state pension credit;

(k) widowed parent's allowance;

(l) winter fuel payment.

(m) state pension under Part 1 of the Pensions Act 2014.

PART IV — THIRD PARTIES

Persons unable to act

33

(1) Where–

(a) a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and

(b) that person is unable for the time being to act; and either

(c) no deputy has been appointed by the Court of Protection under Part 1 of the Mental Capacity Act 2005 or receiver appointed under Part 7 of the Mental Health Act 1983 but treated as a deputy by virtue of the Mental Capacity Act 2005 with power to claim, or as the case may be, receive benefit on his behalf; or

(d) in Scotland, his estate is not being administered by any a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf,

the Secretary of State or the Board may, upon written application made to him or them by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person who is unable to act, any right to which that person may be entitled and to receive and deal on his behalf with any sums payable to him.

(1A) Where a person has been appointed under regulation 82(3) of the Housing Benefit Regulations 2006 or regulation 63(3) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Secretary of State may, if the person agrees, treat him as if he had appointed him under paragraph (1).

(1B) Where a natural person over the age of 18 has been appointed by the Scottish Ministers under a qualifying appointment pursuant to the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the individual), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).

(1C) In paragraph (1B), a qualifying appointment means—

(a) an appointment made under section 58(1) of the 2018 Scotland Act in a case where section 58(4) of that Act applies, or

(b) an appointment made under section 85B(1) of the 2018 Scotland Act in a case where section 85B(7) of that Act applies.

(2) Where the Secretary of State has made or the Board have made an appointment, or treated an appointment as made, under paragraph (1)–

(a) he or they may at any time revoke it;

(b) the person appointed may resign his office after having given one month's notice in writing to the Secretary of State or the Board of his intention to do so;

(c) any such appointment shall terminate when the Secretary of State is notified or the Board are notified that a receiver or other person to whom paragraph (1)(c) or (d) applies has been appointed.

(3) Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, judicial factor or guardian, if any, or by or to the person appointed under this regulation or regulation 43 (disability living allowance for a child) and a direct credit transfer under regulation 21 into the account of any person so appointed, or the receipt by him of a payment made by some other means, shall be a good discharge to the Secretary of State or the Board for any sum paid.

Payment to another person on the beneficiary's behalf

34

(1) Except in a case to which paragraph (2) applies, the Secretary of State or the Board may direct that benefit shall be paid, wholly or in part, to another natural person on the beneficiary's behalf if such a direction as to payment appears to the Secretary of State or the Board to be necessary for protecting the interests of the beneficiary, or any child or dependant in respect of whom benefit is payable.

(2) The Secretary of State may direct that a joint-claim jobseeker’s allowance shall be paid wholly or in part to a natural person who is not the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act if such a direction as to payment appears to the Secretary of State to be necessary for protecting the interests of the other member of that couple or, as the case may be, both members of that couple.

Deductions of mortgage interest which shall be made from benefit and paid to qualifying lenders

34A

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Deductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other cases

34B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deductions which may be made from benefit and paid to third parties

35

(1) ... Deductions may be made from benefit and direct payments may be made to third parties on behalf of a beneficiary in accordance with the provisions of Schedule 9 and Schedule 9B.

(2) Where a social fund payment for maternity or funeral expenses or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather is made, wholly or in part, in respect of a debt which is, or will be, due to a third person, the payment may be, and in the case of funeral expenses shall be, made to that person and where an instrument of payment is made payable to that person it may be sent to the beneficiary.

Transitional provisions for persons in hostels or certain residential accommodation

35A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment to a partner as alternative payee

36

(1) Except where a wife has elected in accordance with regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election under section 77(9) of the Social Security Contributions and Benefits Act 1992) that guardian’s allowance is not to be paid to her husband, where one of a married or unmarried couple residing together is entitled to child benefit, working families' tax credit, disabled persons' tax credit or guardian’s allowance the Secretary of State or the Board may make arrangements whereby that benefit, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person's partner on behalf of the person entitled.

(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations 2000 and—

(a) that person is one member of a couple or a member of a polygamous marriage;

(b) the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and

(c) both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations,

the Secretary of State may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that in the qualifying week the other person has not yet attained the qualifying age.

Claims for and payment of attendance allowance where section 35(2B) of the Act applies to a child

36A

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PART V — ... EXTINGUISHMENT

Suspension

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension in identical cases

37A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withholding payment of arrears of benefit

37B

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Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period

38

(1) Subject to paragraph (2A), the right to payment of any sum by way of benefit shall be extinguished where payment of that sum is not obtained within the period of 12 months from the date on which the right is to be treated as having arisen; and for the purposes of this regulation the right shall be treated as having arisen–

(a) in relation to any such sum contained in an instrument of payment which has been given or sent to the person to whom it is payable, or to a place approved by the Secretary of State or the Board for collection by him (whether or not received or collected as the case may be)–

(i) on the date of the said instrument of payment, or

(ii) if a further instrument of payment has been so given or sent as a replacement, on the date of the last such instrument of payment;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to any such sum to which sub-paragraph (a) does not apply, where notice is given (whether orally or in writing) or is sent that the sum contained in the notice is available for collection on the date of the notice or, if more than one such notice is given or sent, the date of the first such notice;

(bb) in relation to any such sum which the Secretary of State has arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum;

(c) in relation to any such sum to which none of (a), ... (b) or (bb) apply, on such date as the Secretary of State determines or the Board determine.

(2) The giving or sending of an instrument of payment under paragraph 1(a), or of a notice under paragraph (1)(b), shall be effective for the purposes of that paragraph, even where the sum contained in that instrument, or notice, is more or less than the sum which the person concerned has the right to receive.

(2A) Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the Secretary of State is satisfied that–

(a) he first received or the Board have first received written notice requesting payment of that sum after the expiration of 12 months; and

(b) from a day within that period of 12 months and continuing until the day the written notice was given, there was good cause for not giving the notice; and

(i) ... no instrument of payment has been given or sent to the person to whom it is payable and ... no payment has been made under the provisions of regulation 21 (direct credit transfer); or

(ii) ... such instrument has been produced to the Secretary of State or them and ... no further instrument has been issued as a replacement,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period of 12 months shall be extended to the date on which the Secretary of State decides that question, and this regulation shall accordingly apply as though the right to payment had arisen on that date.

(3) For the purposes of paragraph (1) the date of an instrument of payment is the date of issue of that instrument or, if the instrument specifies a date which is the earliest date on which payment can be obtained on the instrument and which is later than the date of issue, that date.

(4) This regulation shall apply to a person authorised or appointed to act on behalf of a beneficiary as it applies to a beneficiary.

(5) This regulation shall not apply to the right to a single payment of any industrial injuries gratuity or in satisfaction of a person's right to graduated retirement benefit.

PART VI — MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN

Claim and award for period beginning after the date on which the claim is received

39

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Claim received within 6 months after the end of a period for which allowance awarded

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations of persons in respect of whom allowances are claimed or awarded and disqualification for failure to comply

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases where allowance not to be payable

42

(1) Subject to the provisions of this regulation, disability living allowance by virtue of entitlement to the mobility component shall not be payable to any person who would otherwise be entitled to it in respect of any period–

(a) during which that person has the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of and Schedule 2 to the National Health Service Act 1977 or section 46 of the National Health Service (Scotland) Act 1978 which is a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; or

(b) in respect of which that person has received, or is receiving, any payment–

(i) by way of grant under the said section 5(2) and Schedule 2 or section 46 towards the costs of running a private car, or

(ii) of mobility supplement under the Naval, Military and Air Forces etc, (Disablement and Death) Service Pensions Order 1983 or the Personal Injuries (Civilians) Scheme 1983 , or under the said Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 , the Pensions (Polish Forces) Scheme 1964 , the War Pensions (Mercantile Marine) Scheme 1964 or an Order of Her Majesty in relation to the Home Guard dated 21st December 1964 or 22nd December 1964 , or in relation to the Ulster Defence Regiment dated 4th January 1971

or any payment out of public funds which the Secretary of State is satisfied is analogous thereto.

(2) A person who has notified the Secretary of State that he no longer wishes to use such an invalid carriage or other vehicle as is referred to in paragraph (1)(a) and has signed an undertaking that he will not use it while it remains in his possession awaiting collection, shall be treated, for the purposes of this regulation, as not having the use of that invalid carriage or other vehicle.

(3) Where a person in respect of whom disability living allowance is claimed for any period has received any such payment as referred to in paragraph (1)(b) for a period which, in whole or in part, covers the period for which the allowance is claimed, such payment shall be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of mobility component of disability living allowance to which, apart from paragraph (1), he would be entitled, any allowance to which that person may be entitled for that week shall be payable at a weekly rate reduced by the weekly amount so calculated.

(4) In a case where the Secretary of State has issued a certificate to the effect that he is satisfied–

(a) that the person in question either–

(i) has purchased or taken on hire or hire-purchase or

(ii) intends to purchase or take on hire or hire-purchase a private car or similar vehicle (“the car”) for a consideration which is more than nominal, on or about a date (not being earlier than 13th January 1982) specified in the certificate (“the said date”);

(b) that that person intends to retain possession of the car at least during, and to learn to drive it within, the period of 6 months or greater or lesser length of time as may be specified in the certificate (“the said period”) beginning on the said date; and

(c) that that person will use disability living allowance by virtue of entitlement to the mobility component in whole or in part during the said period towards meeting the expense of acquiring the car,

paragraph (1)(a) shall not apply, and shall be treated as having never applied, during a period beginning on the said date and ending at the end of the said period or (if earlier) the date on which the Secretary of State cancels the certificate because that person has parted with possession of the car or for any other reason.

Children

43

(1) In any case where a claim for disability living allowance for a child is received by the Secretary of State, he shall, in accordance with the following provisions of this regulation, appoint a person to exercise, on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with disability living allowance and to receive and deal on his behalf with any sums payable by way of that allowance.

(1A) Subject to paragraph (1B), where a person has been appointed by the Scottish Ministers under section 85A(1) of the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the child), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).

(1B) Paragraph (1A) does not apply if the person appointed by the Scottish Ministers does not satisfy the conditions in paragraph (2).

(2) Subject to the following provisions of this regulation, a person appointed by the Secretary of State under this regulation to act on behalf of the child shall–

(a) be a person with whom the child is living; and

(b) be over the age of 18 or, if the person is a parent of the child and living with him, be over the age of 16; and

(c) be either the father or mother of the child, or, if the child is not living with either parent, be such other person as the Secretary of State may determine; and

(d) have given such undertaking as may be required by the Secretary of State as to the use, for the child's benefit, of any allowance paid.

(3) For the purpose of paragraph (2)(a), a person with whom a child has been living shall, subject to paragraph (4) and to the power of the Secretary of State to determine in any case that the provisions of this paragraph should not apply, be treated as continuing to live with that child during any period–

(a) during which that person and the child are separated but such separation has not lasted for a continuous period exceeding 12 weeks; or

(b) during which the child is absent by reason only of the fact that he is receiving full-time education at a school; or

(c) during which the child is absent and undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(d) during such other period as the Secretary of State may in any particular case determine:

Provided that where the absence of the child under (b) has lasted for a continuous period of 26 weeks or the child is absent under (c), that person shall only be treated as continuing to live with that child if he satisfies the Secretary of State that he has incurred, or has undertaken to incur, expenditure for the benefit of the child of an amount not less than the allowance payable in respect of such period of absence.

(4) Where a child, in respect of whom an allowance is payable, is, by virtue of any provision of an Act of Parliament–

(a) committed to, or received into the care of, a local authority; or

(b) subject to a supervision requirement and residing in a residential establishment under arrangements made by a local authority in Scotland;

any appointment made under the foregoing provisions of this regulation shall terminate forthwith:

Provided that, when a child is committed to, or received into, care or is made subject to a supervision requirement for a period which is, and when it began was, not intended to last for more than 12 weeks the appointment shall not terminate by virtue of this paragraph until such period has lasted for 12 weeks .

(5) In any case where an appointment on behalf of any child in the care of, or subject to a supervision requirement under arrangements made by, a local authority is terminated in accordance with paragraph (4), the Secretary of State may, upon application made to him by that local authority or by an officer of such authority nominated for the purpose by that authority, appoint the local authority or nominated officer thereof or appoint such other person as he may, after consultation with the local authority, determine, to exercise on behalf of the child any right to which that child may be entitled under the Act in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of disability living allowance for any period during which he is in the care of, or, as the case may be, subject to a supervision requirement under arrangements made by, that authority.

(6) Where a child is undergoing medical or other treatment as an in-patient in a hospital or similar institution and there is no other person to whom disability living allowance may be payable by virtue of an appointment under this regulation, the Secretary of State may, upon application made to him by the health authority, National Health Service Trust, NHS foundation trust or, as the case may be, social services authority, controlling the hospital or similar institution in which the child is an in-patient, or by an officer of that authority or Trust nominated for the purpose by the authority or Trust, appoint that authority or Trust or the nominated officer thereof or such other person as the Secretary of State may, after consultation with that authority or Trust, determine, to exercise on behalf of the child any right to which that child may be entitled in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of disability living allowance for any period during which he is an in-patient in a hospital or similar institution under the control of that authority or Trust.

(7) For the purposes of this regulation–

“child” means a person under the age of 16;

“child's father” and “child's mother” include a person who is a child's father or mother by adoption or would be such a relative if an illegitimate child had been born legitimate;

“health authority” means—...in relation to Wales, a Health Authority established under section 8 of that Act; andin relation to Scotland, a Health Board within the meaning of the National Health Service (Scotland) Act 1978;

“hospital or similar institution” means any premises for the reception of and treatment of person suffering from any illness, including any mental disorder, or of persons suffering from physical disability, and any premises used for providing treatment during convalescence or for medical rehabilitation;

“local authority” means, in relation to England and Wales, a local authority as defined in the Local Government Act 1972 and, in relation to Scotland, a local authority as defined in the Local Government (Scotland) Act 1973 ;

“social services authority” means–in relation to England and Wales, the social services committee established by a local authority under section 2 of the Local Authority Social Services Act 1970 ; andin relation to Scotland, the social work committee established by a local authority under section 2 of the Social Work (Scotland) Act 1968 .

Payment of disability living allowance on behalf of a beneficiary

44

(1) Where, under arrangements made or negotiated by Motability, an agreement has been entered into by or on behalf of a beneficiary in respect of whom disability living allowance is payable by virtue of entitlement to the mobility component at the higher rate for the hire or hire-purchase of a vehicle, the Secretary of State may arrange that any disability living allowance by virtue of entitlement to the mobility component at the higher rate payable to the beneficiary shall be paid in whole or in part on behalf of the beneficiary in settlement of liability for payments due under that agreement.

(2) Subject to regulations 45 and 46 an arrangement made by the Secretary of State under paragraph (1) shall terminate at the end of whichever is the relevant period specified in paragraph (3), in the case of hire, or paragraph (4), in the case of a hire-purchase agreement.

(3) In the case of hire the relevant period shall be:–

(a) where the vehicle is returned to the owner at or before the expiration of the ... term of hire, the period of the ... term; or

(b) where the vehicle is retained by or on behalf of the beneficiary with the owner's consent after the expiration of the ... term of hire, other than where sub-paragraph (d) applies, the period of the ... term; or

(c) where the vehicle is retained by or on behalf of the beneficiary otherwise than with the owner's consent after the expiration of the ... term of hire or its earlier termination, whichever is the longer of the following periods

(i) the period ending with the return of the vehicle to the owner; or

(ii) the period of the ... term of hire; or

(d) where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.

(4) In the case of a hire-purchase agreement, the relevant period shall be:–

(a) the period ending with the purchase of the vehicle; or

(b) where the vehicle is returned to the owner or is repossessed by the owner under the terms of the agreement before the completion of the purchase, the original period of the agreement.

(5) In this regulation “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.

Recovery of expenses

44A

(1) Paragraph (2) applies where—

(a) an agreement referred to in regulation 44(1) has been entered into; and

(b) a relevant provider is receiving payments of disability living allowance in settlement of liability for payments due under that agreement.

(2) The Secretary of State may require the relevant provider to make payments to meet the reasonable expenses of the Secretary of State in administering the making of the payments of disability living allowance to the relevant provider.

(3) The method by which the expenses under paragraph (2) are to be met is for the Secretary of State to issue an invoice to the relevant provider setting out the expenses that have been incurred and for the relevant provider to pay the sum stated to the Secretary of State.

(4) The first invoice issued by the Secretary of State may recover expenses incurred between 21st July 2016 and the date of the invoice.

(5) Subsequently the Secretary of State may issue invoices no more frequently than annually and only in respect of expenses incurred since the period covered by the previous invoice.

(6) The expenses that the Secretary of State may take into account for the purposes of paragraph (2) include—

(a) the salaries and other costs relating to the employment of staff wholly engaged in the administering of the payments of disability living allowance and where staff have other responsibilities, an apportioned amount of those costs; and

(b) overheads, including rent and other shared costs, relating to those staff.

(7) In determining what expenses were reasonably incurred in administering the making of payments of disability living allowance to a relevant provider, the Secretary of State must have regard to any agreement between the Secretary of State and the relevant provider concerning the level of service to be provided by the Secretary of State in the making of such payments to that relevant provider.

Power for the Secretary of State to terminate an arrangement

45

The Secretary of State may terminate an arrangement for the payment of disability living allowance by virtue of entitlement to the mobility component at the higher rate on behalf of a beneficiary under regulation 44 on such date as he shall decide–

(a) if requested to do so by the owner of the vehicle to which the arrangement relates, or

(b) where it appears to him that the arrangement is causing undue hardship to the beneficiary and that it should be terminated before the end of any of the periods specified in regulation 44(3) or 44(4).

Restriction on duration of arrangements by the Secretary of State

46

The Secretary of State shall end an arrangement for the payment of disability living allowance by virtue of entitlement to the mobility component at the higher rate on behalf of a beneficiary made under regulation 44, where he is satisfied that the vehicle to which the arrangement relates has been returned to the owner, and that the expenses of the owner arising out of the hire or hire-purchase agreement have been recovered following the return of the vehicle.

PART VII — MISCELLANEOUS

Instruments of payment

47

(1) Instruments of payment issued by the Secretary of State shall remain his property.

(2) Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.

Revocations

48

The regulations specified in column (1) of Schedule 10 to these regulations are hereby revoked to the extent mentioned in column (2) of that Schedule, in exercise of the powers specified in column (3).

SCHEDULE 1

PART I — benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

In this Part of this Schedule–references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;“widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.	In this Part of this Schedule–references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;“widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.
Benefit Claimed	Alternative benefit
(1)	(2)
Incapacity benefit	Severe disablement allowance.
...	...
Severe disablement allowance	Incapacity benefit.
...	...
Incapacity benefit for a woman	Maternity allowance.
Severe disablement allowance for a woman	Maternity allowance.
Employment and support allowance for a woman	Maternity allowance.
Maternity allowance	Incapacity benefit, severe disablement allowance or employment and support allowance
A retirement pension of any category	Widow's benefit or bereavement benefit.
A retirement pension of any category	A retirement pension of any other category , a shared additional pension or graduated retirement benefit.
An increase of incapacity benefit.	An increase of severe disablement allowance.
Attendance allowance	An increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is needed	Attendance allowance or disability living allowance.
An increase of severe disablement allowance	An increase of incapacity benefit.
Income support	... ... or a carer’s allowance.
Widow’s benefit or bereavement benefit	A retirement pension of any category or graduated retirement benefit.
Disability living allowance	Attendance allowance or an increase of disablement pension where constant attendance is needed.
Attendance allowance or an increase of disablement pension where constant attendance is needed	Disability living allowance.
Disabled persons' tax credit	Working families' tax credit.
Working families' tax credit	Disabled persons' tax credit.
Bereavement benefit	Bereavement support payment
Bereavement support payment	Bereavement benefit
A state pension under any section of Part 1 of the Pensions Act 2014	A state pension under any other section of Part 1 of the Pensions Act 2014 or bereavement benefit
Bereavement benefit	A state pension under Part 1 of the Pensions Act 2014

PART II — interchange of claims for child benefit with claims for other benefits

Guardian's allowance

Maternity allowance claimed after confinement

Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

SCHEDULE 2 — SPECIAL PROVISIONS RELATING TO CLAIMS FOR JOBSEEKER'S ALLOWANCE DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

1

(1) In this Schedule:–

(a) “public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays; and “Christmas and New Year holidays” and “Good Friday and Easter Monday” shall be construed accordingly and shall in each case be treated as one period;

(b) “office closure” means a period during which an office of the Department for Education and Employment or associated office is closed in connection with a public holiday;

(2) Where any claim for a jobseeker’s allowance is made during one of the periods set out in paragraph (3), the following provisions shall apply–

(a) a claim for a jobseeker’s allowance may be treated by the Secretary of State as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);

(b) on any claim so treated, benefit may be awarded as if the provisions of paragraph (4) of regulation 17 applied.

(3) For the purposes of paragraph (2) the periods are–

(a) in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

(b) in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;

(c) in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

SCHEDULE 3 — DURATION OF DISALLOWANCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — PRESCRIBED TIMES FOR CLAIMING BENEFIT

1

Jobseeker’s allowance.

1

The first day of the period in respect of which the claim is made.

2

Incapacity benefit or severe disablement allowance.

2

The day in respect of which the claim is made and the period of 3 months immediately following it.

3

Disablement benefit (not being an increase of benefit).

3

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

4

Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.

4

As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

5

Reduced earnings allowance.

5

As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one per cent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.

6

Income support.

6

The first day of the period in respect of which the claim is made.

7

Working families' tax credit.

7

(a) Where working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award;

(aa) Where disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance;

(b) subject to (a) and (aa) , the first day of the period in respect of which the claim is made.

(c) where a claim for working families' tax credit is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.

8

Social fund payment in respect of maternity expenses.

8

The period beginning 11 weeks before the first day of the expected week of confinement and ending 6 months after–

(a) In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 6 months after the actual date of confinement.

(b) In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date on which the claimant becomes responsible for the child and ending 6 months after that date.

(c) In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 6 months after that date.

(d) In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 6 months after that date.

(e) In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 6 months after that date.

(f) In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption—

(i) takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or

(ii) is recognised under section 66(1)(e),

of the Adoption and Children Act 2002, and ending 6 months after that date.

9

Social fund payment in respect of funeral expenses.

9

The period beginning with the date of the death and ending 6 months after the date of the funeral

9A

...

9A

...

10

Increase of disablement benefit under section 60 of the Social Security Act 1975 on grounds of special hardship or section 62 of the Social Security Act 1975 on the grounds of receipt of hospital treatment.

10

As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.

11

Disabled persons' tax credit .

11

(a) Where disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award;

(b) where working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of working families' tax credit;

(d) where a claim for disabled persons' tax credit is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.

12

...

12

...

13

Retirement pension of any category or state pension under Part 1 of the Pensions Act 2014.

13

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

14

Graduated retirement benefit.

14

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.

15

Shared additional pension

15

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

16

Employment and support allowance

16

The day in respect of which the claim is made and the period of three months immediately following it.

SCHEDULE 5 — MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

Unemployment benefit

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sickness benefit etc claimed by hospital in-patient

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — DAYS FOR PAYMENT OF LONG TERM BENEFITS

Attendance allowance and disability living allowance

1

Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

Guardian's allowance

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial injuries benefit

3

Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.

Carer’s allowance

4

Carer’s allowance shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 the carer’s allowance shall be payable on Wednesdays.

Retirement pension

5

Subject to regulation 22C, retirement pension shall be payable on Mondays, except that–

(a) where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;

(b) where—

(i) a woman was entitled to a widow’s benefit, or

(ii) a man or a woman was entitled to a bereavement benefit,

immediately before becoming entitled to a retirement pension, that pension shall be payable on the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6;

(c) where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

(d) the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may where payment is by direct credit transfer, or in the circumstances of any particular case, determine;

(e) where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

Shared additional pension

5A

Shared additional pension shall be payable on Mondays, except that—

(a) where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or

(b) the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.

Widowed mother's allowance and widow's pension

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mobility allowance

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 — TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

Manner of payment

1

Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.

Time of payment

2

Income support shall be paid in advance where the claimant is–

(a) in receipt of retirement pension; or

(b) over pensionable age and not in receipt of ... incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies unless he was in receipt of income support immediately before the trade dispute began; or

(c) subject to paragraph 2ZA in receipt of widow's benefit or widowed parent’s allowance and is not ... providing or required to provide medical evidence of incapacity for work; or

(d) a person to whom section 23(A) of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

2ZA

Paragraph 2(c) shall only apply where a widow’s benefit or a widowed parent’s allowance is paid in advance.

2A

(1) For the purposes of this paragraph–

(a) “public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and

(b) “office closure” means a period during which an office of the Department of Social Security or associated office or any office to which a claim may be made in accordance with regulation 4A(1) is closed in connection with a public holiday.

(2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.

(3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.

3

(1) Subject to sub–paragraph (1A) and to any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.

(1A) Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.

(2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.

3A

(1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.

(2) In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.

4

In this Schedule –

“benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

“Income Support Regulations” means the Income Support (General) Regulations 1987

“relevant social security benefit” means ... incapacity benefit, severe disablement allowance, retirement pension, widowed parent’s allowance or widow's benefit.

Payment of small amounts of income support

5

Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income support

6

(1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

(2) Subject to sub-paragraphs (2A) and (3) , in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.

(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

Date from which superseding decision on ground of change of circumstances takes effect

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 — ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1

A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either–

(a) he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

(b) he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2

Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:

(a) he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 , or

(b) he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support, an income-based jobseeker’s allowance, or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999.

3

An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.

4

An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being–

(a) a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979 , or

(b) the spouse of such a member, or

5

Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.

6

Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable–

(a) in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

(b) in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7

A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.

SCHEDULE 9 — DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

Interpretation

1

(1) In this Schedule–

“the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;

“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;

“contribution-based jobseeker’s allowance” (except where used in sub-paragraph (2)(b)) means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit”;

“contributory employment and support allowance” (except where used in sub-paragraph (3)(b)) means any contributory employment and support allowance which does not fall within the definition of “specified benefit”

“the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993;

“family” in the case of a claimant who is not a member of a family means that claimant and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner;

“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.

“5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;

“hostel” means a building— in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—which is—managed by or owned by a housing association registered with the Regulator of Social Housing or the Welsh Ministers; managed or owned by a registered social landlord which is registered in accordance with Part 2 of the Housing (Scotland) Act 2010; operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; ormanaged by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, andwhich is not—a care home;an independent hospital; oran establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, andin sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;

“housing authority” means a local authority, a new town corporation, ... or the Development Board for Rural Wales;

“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;

“the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

“housing costs” means any housing costs met under—Schedule 3 to the Income Support Regulations but—excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraphs 17(1)(a) (ground rent ...) and 17(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); orSchedule 2 to the Jobseeker’s Allowance Regulations but—excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraphs 16(1)(a) (ground rent ... ) and 16(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges); Schedule II to the State Pension Credit Regulations but—excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); andincludes costs under paragraphs 13(1)(a) (ground rent ... ) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges); or Schedule 6 to the Employment and Support Allowance Regulations but—excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraph 18(1)(a) (ground rent) and 18(1)(c) (rent charges) of that Schedule but only where they are paid with costs under paragraph 18(1)(b) of that Schedule (service charges);

“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;

“integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations

“miscellaneous accommodation costs” has the meaning assigned by paragraph 4(1);

“moratorium debt” has the same meaning as in regulation 6 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;

“personal allowance for a single claimant aged not less than 25 years” means the amount specified in connection with income support and state pension credit in paragraph 1(1)(e) of column 2 of Schedule 2 to the Income Support Regulations or, in connection with jobseeker’s allowance, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations;

“rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–includes any water charges which are paid with or as part of the rent;where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements; andreferences to “rent” include references to part only of the rent; and

“specified benefit” means— income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance— in a combined payment;in part to the beneficiary and in part to another person in accordance with regulation 34; orby means of two or more instruments of payment,income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;... and subject to sub-paragraph (2), jobseeker’s allowance; state pension credit or, where in respect of any period it is paid together with any retirement pension, state pension under Part 1 of the Pensions Act 2014, incapacity benefit or severe disablement allowance— in a combined payment;in part to the beneficiary and in part to another person in accordance with regulation 34; orby means of two or more instruments of payment,state pension credit and retirement pension, state pension under Part 1 of the Pensions Act 2014, incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule; subject to sub-paragraph (3), employment and support allowance;...

“water charges” means—as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991;as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002;

“water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989 to be the water or sewerage undertaker for any area in England and Wales or in respect of any area in Scotland, Scottish Water.

(2) For the purposes of the definition of “specified benefit” in sub-paragraph (1), “jobseeker’s allowance” means—

(a) income-based jobseeker’s allowance; and

(b) contribution-based jobseeker’s allowance where—

(i) both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

(ii) if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate.

(3) For the purposes of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

(a) income-related employment and support allowance; and

(b) contributory employment and support allowance where—

(i) both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

(ii) if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.

General

2

(1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of–

(a) housing costs;

(b) miscellaneous accommodation costs;

(bb) hostel payments;

(d) fuel costs; ...

(e) water charges ; and

(f) payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991 and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.

(2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary's award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.

(3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.

Housing costs

3

(1) Subject to sub-paragraphs (4) to (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount or appropriate minimum guarantee, the Secretary of State may, if in his opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2) Subject to sub-paragraphs (2A) and (3), the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a) in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 ... for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b) for each such debt–

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) for any housing item , the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the Secretary of State may direct that, when the debt is discharged or is a moratorium debt, the amount determined under sub-paragraph (b) shall be the amount deductible.

(2A) Where a payment falls to be made to a third party in accordance with this Schedule, and—

(a) more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount or appropriate minimum guarantee; and

(b) in accordance with ...paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, ... paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or ... paragraph 14 of Schedule II to the State Pension Credit Regulations or ... paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula—

$$C×BA$ where—Ahousing costs;Bthe item of housing costs which falls to be paid to a third party under this Schedule;Cthe sum which is not allowed or falls to be deducted in accordance with ... paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations.$

(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

(4) Sub-paragraph (1) shall not apply to any debt which is for any item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item, unless, in the opinion of the Secretary of State it is in the overriding interests of the family that paragraph (1) should apply.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous accommodation costs

4

(1) Where an award of income support , jobseeker’s allowance , state pension credit or employment and support allowance—

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