The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

Made: 25th February 2013

Laid before Parliament: 4th March 2013

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State, in exercise of the powers conferred upon him by the provisions set out in Schedule 1 to these Regulations, makes the following Regulations.

In accordance with section 172(1) of the Social Security Administration Act 1992, the Secretary of State has referred the proposals for these Regulations to the Social Security Advisory Committee.

The Secretary of State has consulted with organisations representing qualifying lenders likely to be affected by the fee specified in paragraph 9(2) of Schedule 5 to the Regulations (direct payment to lender of deductions in respect of interest on secured loans) .

In accordance with section 176(2)(b) of the Social Security Administration Act 1992 and in so far as these Regulations relate to housing benefit, the Secretary of State has obtained the agreement of organisations appearing to him to be representative of the authorities concerned that proposals in respect of these Regulations should not be referred to them.

PART 1 — General

Citation and commencement

1

• (1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

• (2) For the purpose of personal independence payment these Regulations come into force on 8th April 2013.

• (3) For the purposes of universal credit, jobseeker's allowance and employment and support allowance these Regulations come into force on 29th April 2013.

Interpretation

2

In these Regulations—

• “the 1991 Act” means the Child Support Act 1991 ;

• “the 2012 Act” means the Welfare Reform Act 2012 ;

• “the Administration Act” means the Social Security Administration Act 1992;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;

• “the Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 2013 ;

• “the Personal Independence Payment Regulations” means the Social Security (Personal Independence Payment) Regulations 2013 ;

• “the Universal Credit Regulations” means the Universal Credit Regulations 2013 ;

• “appropriate office” means—an office of the Department for Work and Pensions or any other place designated by the Secretary of State in relation to any case or class of case as a place to, or at which, any claim, notice, document, evidence or other information may be sent, delivered or received for the purposes of these Regulations and includes a postal address specified by the Secretary of State for that purpose; orin the case of a person who is authorised or required by these Regulations to use an electronic communication for any purpose, an address to which such communications may be sent in accordance with Schedule 2;

• “assessment period” has the meaning given by regulation 21 of the Universal Credit Regulations;

• “attendance allowance” means an allowance payable by virtue of section 64 of the Contributions and Benefits Act;

• “benefit”, except in regulation 60 and Schedules 5 and 6, means universal credit, personal independence payment, a jobseeker's allowance or an employment and support allowance;

• “child” has the meaning given by section 40 of the 2012 Act;

• “claimant” in relation to—universal credit, has the meaning given by section 40 of the 2012 Act;personal independence payment, means any person who is a claimant for the purposes of regulations made under Part 4 (personal independence payment) of that Act;a jobseeker's allowance, has the meaning given by section 35(1) of the Jobseekers Act 1995 ; andan employment and support allowance, has the meaning given by section 24(1) of the Welfare Reform 2007 Act ;

• “couple” has the meaning given by section 39 of the 2012 Act;

• “disability living allowance” means an allowance payable by virtue of section 71 of the Contributions and Benefits Act;

• “earned income” has the meaning given by regulation 52 of the Universal Credit Regulations;

• “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 ;

• “employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance;

• “jobseeker's allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;

• “limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007;

• “local authority” has the meaning given by section 191 of the Administration Act ;

• “maternity allowance” means an allowance payable by virtue of section 35 of the Contributions and Benefits Act;

• “official computer system” means a computer system maintained by or on behalf of the Secretary of State to—send or receive any claim or information; orprocess or store any claim or information;

• “partner” means one of a couple;

• “personal independence payment” means the allowance under Part 4 of the 2012 Act;

• “qualifying young person” has the meaning given by regulation 5 of the Universal Credit Regulations;

• “regular and substantial caring responsibilities for a severely disabled person” has the meaning given by regulation 30 of the Universal Credit Regulations;

• “universal credit” means the benefit under Part 1 of the 2012 Act;

• “writing” includes writing produced by means of electronic communications used in accordance with Schedule 2.

Use of electronic communications

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Schedule 2 makes provision as to the use of electronic communications.

Consequential amendments

4

Schedule 3 makes amendments to other regulations which are consequential upon these Regulations.

Disapplication of section 1(1A) of the Administration Act

5

Section 1(1A) of the Administration Act (requirements in respect of a national insurance number) is not to apply to a child or a qualifying young person in respect of whom universal credit is claimed.

PART 2 — Claims

Claims not required for entitlement to universal credit in certain cases

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Claims not required for entitlement to an employment and support allowance in certain cases

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• (1) It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where—

• (a) the claimant has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

• (b) the appeal relates to a decision to terminate or not to award an employment and support allowance for which a claim was made.

• (2) In this regulation—

• “appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

• “relevant decision” means—a decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work; ora decision that embodies the first determination by the Secretary of State that the claimant does not have limited capability for work since a previous determination by the Secretary of State or appellate authority that the claimant does have limited capability for work.

Making a claim for universal credit

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• (1) Except as provided in paragraph (2), a claim for universal credit must be made by means of an electronic communication in accordance with the provisions set out in Schedule 2 and completed in accordance with any instructions given by the Secretary of State for that purpose.

• (2) A claim for universal credit may be made by telephone call to the telephone number specified by the Secretary of State if the claim falls within a class of case for which the Secretary of State accepts telephone claims or where, in any other case, the Secretary of State is willing to do so.

• (3) A claim for universal credit made by means of an electronic communication in accordance with the provisions set out in Schedule 2 is defective if it is not completed in accordance with any instructions of the Secretary of State.

• (4) A claim made by telephone in accordance with paragraph (2) is properly completed if the Secretary of State is provided during that call with all the information required to determine the claim and the claim is defective if not so completed.

• (5) If a claim for universal credit is defective the Secretary of State must inform the claimant of the defect and of the relevant provisions of regulation 10 relating to the date of claim.

• (6) The Secretary of State must treat the claim as properly made in the first instance if—

• (a) in the case of a claim made by telephone, the person corrects the defect; or

• (b) in the case of a claim made by means of an electronic communication, a claim completed in accordance with any instructions of the Secretary of State is received at an appropriate office,

within one month, or such longer period as the Secretary of State considers reasonable, from the date on which the claimant is first informed of the defect.

Claims for universal credit by members of a couple

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• (1) Where a person is a member of a couple and may make a claim as a single person by virtue of regulation 3(3) (couples) of the Universal Credit Regulations, but instead makes a claim for universal credit jointly, that claim is to be treated as a claim made by that person as a single person.

• (2) Where a claim for universal credit is made jointly by a member (“M1”) of a polygamous marriage with another member of the polygamous marriage (“M2”), that claim is to be treated as a claim made by M1 as a single person where—

• (a) M1 is not a party to an earlier marriage in the polygamous marriage, and

• (b) any party to an earlier marriage is living in the same household as M1 and M2.

• (3) In paragraph (2) “polygamous marriage” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy.

• (4) The Secretary of State may treat a claim made by members of a couple as single persons as a claim made jointly by the couple where it is determined by the Secretary of State that they are a couple.

• (5) Where the Secretary of State considers that one member of a couple is unable to make a joint claim with the other member of that couple, the other member of the couple may make a claim jointly for both of them.

• (6) Where an award of universal credit to joint claimants is terminated because they cease to be a couple an award may be made, without a claim, to either or each one of them—

• (a) as a single person; or

• (b) if either of them has formed a new couple with a person who is already entitled to universal credit, jointly with that person.

• (7) Where awards of universal credit to two single claimants are terminated because they form a couple who are joint claimants, it is not to be a condition of entitlement to universal credit that the couple make a claim for it and universal credit may be awarded to them jointly.

• (8) A couple who are joint claimants are to be treated as making a claim for universal credit where—

• (a) one of them ceased to be entitled to an award of universal credit (whether as a single person or as a member of a different couple) on the formation of that couple;

• (b) the other member of the couple did not have an award of universal credit as a single person before formation of the couple.

and the claim is to be treated as made on the day after the member of the couple mentioned in sub-paragraph (a) ceased to be entitled to universal credit.

• (9) In relation to an award which may be made by virtue of paragraph (6) or (7) without a claim being required, a claimant and every person by whom or on whose behalf, sums by way of universal credit are receivable must supply 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 the formation or dissolution of a couple.

• (10) Where an award of universal credit to joint claimants is terminated because one of them has died it is not to be a condition of entitlement to universal credit that the surviving partner makes a claim for it.

Date of claim for universal credit

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• (1) Where a claim for universal credit is made, the date on which the claim is made is—

• (a) subject to sub-paragraph (b), in the case of a claim made by means of an electronic communication in accordance with regulation 8(1), the date on which the claim is received at an appropriate office;

• (b) in the case of a claim made by means of an electronic communication in accordance with regulation 8(1), where the claimant receives assistance at home or at an appropriate office from the Secretary of State, or a person providing services to the Secretary of State, which is provided for the purpose of enabling that person to make a claim, the date of first notification of a need for such assistance;

• (c) subject to sub-paragraph (d), in the case of a claim made by telephone in accordance with regulation 8(2), the date on which that claim is properly completed in accordance with regulation 8(4); or

• (d) where the Secretary of State is unable to accept a claim made by telephone in accordance with regulation 8(2) on the date of first notification of intention to make the claim, the date of first notification, provided a claim properly completed in accordance with regulation 8(4) is made within one month of that date,

or the first day in respect of which the claim is made if later than the above.

• (2) In the case of a claim which is defective by virtue of regulation 8, the date of claim is to be the first date on which the defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 8(6).

Making a claim for personal independence payment

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• (1) A claim for personal independence payment must be made—

• (a) in writing on a form authorised by the Secretary of State for that purpose and completed in accordance with the instructions on the form;

• (b) by telephone call to the telephone number specified by the Secretary of State; or

• (c) by receipt by the claimant of a telephone call from the Secretary of State made for the purpose of enabling a claim for personal independence payment to be made,

unless in any case or class of case the Secretary of State decides only to accept a claim made in one of the ways specified in paragraph (a), (b) or (c).

• (2) In the case of a claim made in writing the claim must be sent to or received at the appropriate office.

• (3) A claim for personal independence payment made in writing is defective if it is not completed in accordance with any instructions of the Secretary of State.

• (4) A claim made by telephone in accordance with paragraph (1) is properly completed if the Secretary of State is provided during that call with all the information required to determine the claim and the claim is defective if not so completed.

• (5) If a claim for personal independence payment is defective the Secretary of State must inform the claimant of the defect and of the relevant provisions of regulation 12 relating to the date of claim.

• (6) The Secretary of State must treat the claim as properly made in the first instance if a claim completed in accordance with any instructions of the Secretary of State is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is first informed of the defect.

• (7) Paragraph (8) applies where—

• (a) a person (“P1”) makes a claim for personal independence payment on behalf of another person (“P2”) whom P1 asserts to be a person unable for the time being to act; and

• (b) the Secretary of State makes a decision not to appoint P1 under regulation 57.

• (8) The Secretary of State must treat the claim made by P1 as properly made by P2 in the first instance if a further claim made by P2 is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date the Secretary of State notified the decision not to appoint P1 under regulation 57.

Date of claim for personal independence payment

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• (1) Subject to paragraph (4), where a claim for personal independence payment is made in accordance with regulation 11 the date on which the claim is made is—

• (a) in the case of a claim in writing made by means of an electronic communication in accordance with the provisions set out in Schedule 2, the date on which the claim is received at the appropriate office;

• (b) in the case of a claim made by telephone, the date on which a claim made by telephone is properly completed; or

• (c) where a person first notifies an intention to make a claim and provided that a claim made in writing produced other than by means of an electronic communication is properly completed and received at the appropriate office designated by the Secretary of State in that claimant's case within one month or such longer period as the Secretary of State considers reasonable of the date of first notification, the date of first notification,

or the first day in respect of which the claim is made if later than the above.

• (2) In the case of a claim which is defective by virtue of regulation 11(3) or (4)—

• (a) subject to sub-paragraph (b) and paragraph (4), the date of claim is to be the first date on which the defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 11(6);