The Social Security (Claims and Payments) Regulations 1987

• (8A) Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.

• (8B) In the case of a claim for disability living allowance or attendance allowance made in accordance with regulation 4(6B), paragraphs (8) and (8A) shall apply in relation to an office specified in that regulation as they apply in relation to an appropriate office.

• (9) In paragraphs (8) and (8A)–

• “a claim form” means a form approved by the Secretary of State under regulation 4(1);

• “properly completed” has the meaning assigned by regulation 4(8);

• “the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.

• (10) Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for disabled persons' tax credit in that week the claim shall be treated as made on the Tuesday of that week.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) ... where a person has claimed disabled persons' tax credit and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (13), that further claim shall be treated as made—

• (a) on the date of the original claim; or

• (b) on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

• (13) The circumstances referred to in paragraph (12) are that—

• (a) the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;

• (b) at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;

• (c) after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and

• (d) the further claim for disabled persons' tax credit was made within three months of the date that the claim for the qualifying benefit was determined.

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) In paragraphs (12) and (13) “qualifying benefit” means any of the benefits referred to in section 129(2) of the Contributions and Benefits Act.

• (15A) Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19 (time for claiming benefit.

• (16) Where a person has claimed a relevant benefit and that claim (“the original claim") has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made—

• (a) on the date of the original claim; or

• (b) on the first date in respect of which the qualifying benefit was awarded,

whichever is the later.

• (17) The circumstances referred to in paragraph (16) are that the ground for refusal was—

• (a) in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;

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

• (c) in any case, that the claimant , a member of his family or the disabled person had not been awarded a qualifying benefit.

• (18) The additional circumstances referred to in paragraph (16) are that—

• (a) a claim for the qualifying benefit was made not later than 10 working days after the date of the original claim and the claim for the qualifying benefit had not been decided;

• (b) after the original claim had been decided the claim for the qualifying benefit had been decided in favour of the claimant, a member of his family or the disabled person; and

• (c) the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.

• (19) Where a person has been awarded a relevant benefit and that award ("original award”) has been terminated or reduced or payment under that award ceases in the circumstances specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made—

• (a) on the date of termination of the original award; or

• (b) on the first date in respect of which the qualifying benefit is awarded or re-awarded or becomes payable again,

whichever is the later.

• (20) The circumstances referred to in paragraph (19) are—

• (a) that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal , determination of entitlement or termination of an award for a fixed period in such a way as to affect the original award; ...

• (b) at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided; or

• (c) that the qualifying benefit has ceased to be payable in accordance with—

• (i) regulation 6(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, ...

• (ii) regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 or regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is resident in certain accommodation other than a hospital

• (iii) regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 because the claimant is resident in a care home, ...

• (iv) regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component), or as the case may be, regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 because the claimant is, respectively, a resident of a care home or undergoing treatment in a hospital , ...

• (v) regulation 19 (effect of admission to a care home on ongoing entitlement to daily living component), or as the case may be, regulation 20 (effect of admission to hospital on ongoing entitlement to Pension Age Disability Payment) of the Disability Assistance for Older People (Scotland) Regulations 2024 because the claimant is, respectively, a resident of a care home or undergoing treatment in a hospital, or

• (vi) regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or, as the case may be, regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 because the claimant is, respectively, a resident of a care home or undergoing treatment in a hospital.

• (21) Subject to paragraph (21A), the additional circumstances referred to in paragraph (19) are that—

• (a) after the original award has been terminated the claim for the qualifying benefit is decided in favour of the claimant, a member of his family or the disabled person; or

• (b) the qualifying benefit is re-awarded following revision, supersession , determination of entitlement or appeal; or

• (c) the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or

• (d) the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and

the further claim for a relevant benefit referred to in paragraph (19), is made within three months of the date of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied.

• (21A) Paragraph (21) applies whether the benefit is re-awarded or the subject of a determination of entitlement when the further claim is decided or following a revision of, or an appeal against, such a decision.

• (22) In paragraphs (16) to (21) , (30) and (33)—

“relevant benefit" means any of the following, namely—

• (a) benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;

• (b) income support;

• (c) a jobseeker’s allowance;

• (d) a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

• (e) child benefit;

• (f) state pension credit

“qualifying benefit" means—

• (a) in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;

• (b) in relation to invalid care allowance or carer’s allowance, as the case may be, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;

• (c) in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005;

• (d) any other relevant benefit or Scottish disability or carer benefit which , when it is awarded or re-awarded, has the effect of making another relevant benefit payable or payable at an increased rate;

“the disabled person" means the person for whom the invalid care allowance or carer’s allowance, as the case may be, claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.

“family” has the same meaning as in section 137(1) of the Contributions and Benefits Act or, as the case may be, section 35(1) of the Jobseekers Act, and in the case of state pension credit “member of his family” means the other member of a couple where the claimant is a member of a ... couple.

• (23) Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made—

• (a) on the date on which entitlement to incapacity benefit ceased; or

• (b) on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

• (24) The circumstances referred to in paragraph (23) are that—

• (a) entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;

• (b) at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;

• (c) after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and

• (d) the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.

• (25) In paragraphs (23) and (24) “qualifying benefit" means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995.

• (26) In paragraphs (18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b) where the word appears for the second time, “decided" includes a determination of entitlement and the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, the First-tier Tribunal, the Upper Tribunal or the court.

• (27) Where a claim is made for working families' tax credit or disabled persons' tax credit , and—

• (a) the claimant had previously made a claim for income support or jobseeker’s allowance (“the original claim”);

• (b) the original claim was refused on the ground that the claimant or his partner was in remunerative work; and

• (c) the claim for working families' tax credit or disabled persons' tax credit was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.

• (28) Where a claim is made for income support or jobseeker’s allowance, and—

• (a) the claimant had previously made a claim for working tax credit (“the original claim”);

• (b) the original claim was refused on the ground that the claimant or his partner was not in remunerative work for the purposes of that tax credit; and

• (c) the claim for income support or jobseeker’s allowance was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.

• (29) In the case of a claim for an increase of severe disablement allowance or of invalid care allowance or carer’s allowance, as the case may be, in respect of a child or adult dependant, paragraphs (16) and (19) shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance or carer’s allowance, as the case may be,.

• (30) Where—

• (a) a claimant was awarded income support or income-based jobseeker’s allowance (“the original award”);

• (b) the original award was terminated and ... the claimant, a member of his family or the disabled person claimed a qualifying benefit; and

• (c) the claimant makes a further claim for income support or income-based jobseeker’s allowance within 3 months of the date on which the claim for the qualifying benefit was decided,

the further claim shall be treated as made on the date of termination of the original award or the first date in respect of which the qualifying benefit is awarded, whichever is the later.

• (31) Subject to paragraph (32), where—

• (a) a person—

• (i) has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or

• (ii) has attained pensionable age and has a spouse or civil partner who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;

• (b) in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001, (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse or civil partner;

• (c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

• (d) the person claims a Category A or, as the case may be, a Category B retirement pension,

the claim shall be treated as made on—

• (i) 1st October 1998; or

• (ii) the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse or civil partner attained pensionable age,

whichever is later.

• (32) Paragraph (31) shall not apply where—

• (a) the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or

• (b) the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),

nor where sub-paragraph (a) and (b) both apply.

• (33) Subject to paragraph (34), where a person makes a claim for a carer’s allowance or for an increase in carer’s allowance in respect of an adult or child dependant within 3 months of a decision made—

• (a) on a claim;

• (b) on revision , determination of entitlement or supersession; or

• (c) on appeal whether by the First-tier Tribunal, the Upper Tribunal or the court,

awarding a qualifying benefit to the disabled person, the date of claim shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable.

• (34) Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of qualifying benefit became payable.

• (35) A claim for attendance allowance or the care component of disability living allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

• (a) on or after 8th March 2001, the claimant had an award of that benefit;

• (b) the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Great Britain to an EEA state or Switzerland;

• (c) that superseding decision was confirmed on appeal; and

• (d) the claimant has not received an extra-statutory payment in respect of the benefit being claimed.

• (36) A claim for carer’s allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

• (a) on or after 8th March 2001, the claimant had an award of that benefit;

• (b) the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of—

• (i) the claimant’s moving from Great Britain to an EEA state or Switzerland; or

• (ii) the claimant no longer caring for a severely disabled person, as defined in section 70(2) of the Contributions and Benefits Act, because that person’s award of attendance allowance or the care component of disability living allowance had ended, or would end, by virtue of a superseding decision made on the ground of that person’s moving from Great Britain to an EEA state or Switzerland; and

• (c) the claimant has not received an extra-statutory payment in respect of that allowance.

• (37) In paragraphs (35)(d) and (36)(c), “extra-statutory payment” means a payment made by the Secretary of State, in respect of attendance allowance, the care component of disability living allowance or carer’s allowance which, but for the superseding decision referred to in paragraph (35)(b) or, as the case may be, (36)(b), would have been payable from 18th October 2007.

• (38) In this regulation—

• (a) “determination of entitlement” has the meaning given in section 25 of the Social Security (Scotland) Act 2018;

• (b) “Scottish disability or carer benefit” means, as the context requires, any of the following benefits—

• (i) adult disability payment within the meaning of regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; ...

• (ii) child disability payment within the meaning of regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021; ...

• (iii) pension age disability payment within the meaning of regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024; ...

• (iv) Scottish adult disability living allowance within the meaning of regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 ; or

• (v) carer support payment within the meaning of regulation 2 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Claims by persons subject to work-focused interviews

6A

• (1) This regulation applies to any person who is required to take part in a work-focused interview in accordance with regulations made under section 2A(1)(a) of the Social Security Administration Act 1992.

• (2) Subject to the following provisions of this regulation, where a person takes part in a work-focused interview, the date on which the claim is made shall be–

• (a) in a case where–

• (i) the claim made by the claimant meets the requirements of regulation 4(1), or

• (ii) the claim made by the claimant is for income support and meets the requirements of regulation 4(1A),

the date on which the claim is received in the appropriate office;

• (b) in a case where a claim does not meet the requirements of regulation 4(1) but is treated, under regulation 4(7), as having been duly made, the date on which the claim was treated as received in the appropriate office in the first instance;

• (c) in a case where–

• (i) first notification of intention to claim income support is made to an appropriate office, or

• (ii) a claim for income support is received in an appropriate office which does not meet the requirements of regulation 4(1A),

the date of notification or, as the case may be, the date the claim is first received where the properly completed claim form is received within 1 month of notification or the date the claim is first received, or the day on which a properly completed claim form is received where these requirements are not met.

• (d) without prejudice to sub-paragraphs (a) and (b), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.

• (3) In a case where a decision is made that a person is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview but subsequently claims such a benefit, in applying paragraph (2) to that claim no regard shall be had to any claim regarded as not having been made in consequence of that decision.

• (4) Paragraph (2) shall not apply in any case where a decision has been made that the claimant has failed to take part in a work-focused interview.

• (5) In regulation 4 and this regulation, “work-focused interview” means an interview which is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Social Security Administration Act 1992.

Evidence and information

7

• (1) Subject to paragraph (7), every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the Board or, in a case where regulation 4A applies, the relevant authority and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

• (1A) A claimant shall furnish such information and evidence as the Secretary of State may require as to the likelihood of future changes in his circumstances which is needed to determine—

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

• (b) if so, the length of the period to be so specified.

• (1B) The information and evidence required under paragraph (1A) shall be furnished within 1 month of the Secretary of State notifying the claimant of the requirement, or within such longer period as the Secretary of State considers reasonable in the claimant’s case.

• (1C) In the case of a claimant making a claim for state pension credit in the advance period, time begins to run for the purposes of paragraphs (1) and (1B) on the day following the end of that period.

• (2) Subject to paragraph (7), where a benefit may be claimed by either of two partners or where entitlement to or the amount of any benefit is or may be affected by the circumstances of a partner, the Board may require the partner other than the claimant to do either or both of the following, within one month of being required to do so or such longer period as the Board may consider reasonable—

• (a) to certify in writing whether he agrees to the claimant making the claim or, as the case may be, that he confirms the information given about his circumstances;

• (b) to furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as the Board may require.

• (3) In the case of a claim for working families' tax credit or disabled persons' tax credit, the employer of the claimant or, as the case may be, of the partner shall, within one month of being required to do so or such longer period as the Board may consider reasonable, furnish such certificates, documents, information and evidence in connection with the claim or any question arising out of it as may be required by the Board.

• (4) In the case of a person who is claiming disabled persons' tax credit, working families' tax credit, income support jobseeker’s allowance, state pension credit or employment and support allowance, where that person or any partner has attained the qualifying age 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 Board so require, within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information—

• (a) the name and address of 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.

• (5) Where the pension fund holder receives from the Board a request for details concerning the personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall, within one month of the request or such longer period as the Board may consider reasonable, provide the Board with any information to which paragraph (6) refers.

• (6) 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.

• (7) Paragraphs (1) and (2) do not apply in the case of jobseeker’s allowance.

• (8) Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges, including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence in connection with the claim made by the claimant, or any question arising out of it, as may be required by the Board, and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

• (9) In paragraph (8) “relevant childcare charges” has the meaning given by regulation 46A(2) of the Family Credit (General) Regulations 1987.

Attendance in person

8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Every person who makes a claim for benefit (other than a jobseeker’s allowance) shall attend at such office or place and on such days and at such times as the Secretary of State or the Board may direct, for the purpose of furnishing certificates, documents, information and evidence under regulation 7, if reasonably so required by the Secretary of State.

Interchange with claims for other benefits

9

• (1) Where it appears that a person who has made a claim for benefit specified in column (1) of Part I of Schedule 1 may be entitled to the benefit specified opposite to it in column (2) of that Part, any such claim may be treated by the Secretary of State or the Board as a claim alternatively, or in addition, to the benefit specified opposite to it in that column.

• (2) Where it appears that a person who has claimed any benefit specified in Part II of Schedule 1 in respect of a child may be entitled to child benefit in respect of the same child, the Secretary of State may treat the claim alternatively, or in addition, for the benefit in question as a claim by that person for child benefit.

• (3) Where it appears that a person who has claimed child benefit in respect of a child may be entitled to any benefit specified in Part II of Schedule 1 ... in respect of the same child, the Secretary of State may treat the claim for child benefit as a claim alternatively, or in addition, by that person for the benefit in question specified in that Part.

• (4) Where it appears that a person who has made a claim for benefit other than child benefit is not entitled to it, but that some other person may be entitled to an increase of benefit in respect of him, the Secretary of State may treat the claim as if it were a claim by such other person for an increase of benefit in respect of the claimant.

• (5) Where it appears that a person who has made a claim for an increase of benefit other than child benefit in respect of a child or adult dependant is not entitled to it but that some other person may be entitled to such an increase of benefit in respect of that child or adult dependant, the Secretary of State may treat the claim as if it were a claim by that other person for such an increase.

• (6) Where it appears that a person who has made a claim for a guardian's allowance in respect of any child is not entitled to it, but that the claimant, or the wife or husband of the claimant, may be entitled to an increase of benefit for that child, the Secretary of State may treat the claim as if it were a claim by the claimant or the wife or husband of the claimant for an increase of benefit for that child.

• (7) In determining whether he or they should treat a claim alternatively or in addition to another claim (the original claim) under this regulation the Secretary of State or the Board shall treat the alternative or additional claim, whenever made, as having been made at the same time as the original claim.

Claim for incapacity benefit, severe disablement allowance or employment and support allowance where no entitlement to statutory sick pay or statutory maternity pay

10

• (1) Paragraph (2) applies to a claim for incapacity benefit for a period of incapacity for work of which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 , and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.

• (1A) Paragraph (2) also applies to a claim for an employment and support allowance for a period of limited capability for work in relation to which the claimant gave his employer a notice of incapacity under regulation 7 of the Statutory Sick Pay (General) Regulations 1982 , and for which he has been informed in writing by his employer that there is no entitlement to statutory sick pay.

• (2) A claim to which this paragraph applies shall be treated as made on the date accepted by the claimant's employer as the first day of incapacity, provided that he makes the claim–

• (a) within the appropriate time specified in paragraph 2 of Schedule 4 beginning with the day on which he is informed in writing that he was not entitled to statutory sick pay; or

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

• (3) Paragraph (4) applies to a claim for maternity allowance for a pregnancy or confinement by reason of which the claimant gave her employer notice of absence from work under section 46(4) of the Social Security Act 1986 and regulation 23 of the Statutory Maternity Pay (General) Regulations 1986 and in respect of which she has been informed in writing by her employer that there is no entitlement to statutory maternity pay.

• (4) A claim to which this paragraph applies shall be treated as made on the date when the claimant gave her employer notice of absence from work or at the beginning of the 14th week before the expected week of confinement, whichever is later, provided that she makes the claim–

• (a) within three months of being informed in writing that she was not entitled to statutory maternity pay; or

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

Special provisions where it is certified that a woman is expected to be confined or where she has been confined

11

• (1) Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that it is to be expected that a woman will be confined, and she makes a claim for maternity allowance in expectation of that confinement any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for incapacity benefit, severe disablement allowance or an employment and support allowance, made in respect of any days in the period beginning with either–

• (a) the beginning of the 6th week before the expected week of confinement; or

• (b) the actual date of confinement,

whichever is the earlier, and ending in either case on the 14th day after the actual date of confinement.

• (2) Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within three months of that date, her claim may be treated in the alternative or in addition as a claim for incapacity benefit, severe disablement allowance or an employment and support allowance, for the period beginning with the date of her confinement and ending 14 days after that date.

Self-certified claims for first 7 days of a spell of incapacity for work

12

• (1) Where a self-certificate in respect of a claimant is submitted in support of a claim for sickness or invalidity benefit or severe disablement allowance, that claim shall be treated as if made for days, whether or not after the date of the claim, to which the self-certificate relates, not being days later than the first 7 days of a spell of incapacity that exceeds that length.

• (2) Where a claim to which paragraph (1) applies includes one or more days subsequent to the date of claim, an award of benefit made in respect of them shall be subject to the condition that the claimant satisfies the requirements for entitlement throughout those days and if those requirements are found not to have been satisfied on any of those days the award shall be reviewed.

• (3) For the purposes of this regulation–

“self-certificate” has the meaning ascribed to it by regulation 5 of the Social Security (Medical Evidence) Regulations 1976 (claimant's declaration of incapacity as evidence for determining his right to benefit);

a “spell of incapacity” means a continuous period of incapacity for work (not excluding bank or other holidays) which is immediately preceded by a day on which the claimant either worked or was not incapable of work.

Advance claims and awards

13

• (1) Where, although a person does not satisfy the requirements for entitlement to benefit on the date on which a claim is made, the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then the Secretary of State may–

• (a) treat the claim as if made for a period beginning with the relevant day; and

• (b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement when benefit becomes payable under the award.

• (2) A decision pursuant to paragraph (1)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 if the requirements for entitlement are found not to have been satisfied on the relevant day.

• (3) ... Paragraphs (1) and (2) do not apply to any claim for maternity allowance, attendance allowance, mobility allowance, retirement pension or increase, state pension under Part 1 of the Pensions Act 2014, a shared additional pension, ..., ... state pension credit or any claim within regulation 11(1)(a) or (b).

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

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

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Paragraphs (1) and (2) do not apply to—

• (a) a claim for income support made by a person from abroad as defined in regulation 21AA of the Income Support (General) Regulations 1987 (special cases: supplemental-persons from abroad); ...

• (b) a claim for a jobseeker’s allowance made by a person from abroad as defined in regulation 85A of the Jobseeker’s Allowance Regulations (special cases: supplemental-persons from abroad); and

• (c) a claim for an employment and support allowance made by a person from abroad as defined in regulation 70 of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad).

Advance award of disability living allowance

13A

• (1) Where, although a person does not satisfy the requirements for entitlement to disability living allowance on the date on which the claim is made, the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then the Secretary of State may award disability living allowance from the relevant day subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

• (2) Where a person makes a claim for disability living allowance on or after 3rd February 1992 and before 6th April 1992 the Secretary of State may award benefit for a period beginning on any day after 5th April 1992 being a day not more than three months after the date on which the claim was made, subject to the condition that the person satisfies the requirements for entitlement when disability living allowance becomes payable under the award.

• (3) A decision pursuant to paragraph (1) or (2) to award benefit may be revised under section 9 of the Social Security Act 1998 if the requirements for entitlement are found not to have been satisfied when disability living allowance becomes payable under the award.

Advance claim for and award of disability working allowance

13B

• (1) Where a person makes a claim for disability working allowance on or after 10th March 1992 and before 7th April 1992 the Secretary of State may–

• (a) treat the claim as if it were made for a period beginning on 7th April 1992; and

• (b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on 7th April 1992.

• (2) An award under paragraph (1)(b) shall be reviewed by the Secretary of State if the requirements for entitlement are found not to have been satisfied on7th April 1992.

Further claim for and award of disability living allowance or attendance allowance

13C

• (1) A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires.

• (2) Where a person makes a claim in accordance with paragraph (1) the Secretary of State may–

• (a) treat the claim as if made on the first day after the expiry of the existing award (“the renewal date”); and

• (b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the renewal date.

• (3) A decision pursuant to paragraph (2)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 if the requirements for entitlement are found not to have been satisfied on the renewal date.

Advance claims for and awards of state pension credit

13D

• (1) Paragraph (2) applies if—

• (a) a person does not satisfy the requirements for entitlement to state pension credit on the date on which the claim is made; and

• (b) the Secretary of State is of the opinion that unless there is a change of circumstances he will satisfy those requirements—

• (i) where the claim is made in the advance period, when he attains the qualifying age; or

• (ii) in any other case, within 4 months of the date on which the claim is made.

• (2) Where this paragraph applies, the Secretary of State may—

• (a) treat the claim as made for a period beginning on the day (“the relevant day”) the claimant—

• (i) attains the qualifying age, where the claim is made in the advance period; or

• (ii) is likely to satisfy the requirements for entitlement in any other case; and

• (b) if appropriate, award state pension credit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

• (3) An award under paragraph (2) may be revised under section 9 of the Social Security Act 1998 if the claimant fails to satisfy the conditions for entitlement to state pension credit on the relevant day.

• (4) This regulation does not apply to a claim made by a person not in Great Britain as defined in regulation 2 of the State Pension Credit Regulations (persons not in Great Britain).

Advance claim for and award of maternity allowance

14

• (1) Subject to the following provisions of this regulation, a claim for maternity allowance in expectation of confinement, or for an increase in such an allowance in respect of an adult dependant, and an award on such a claim, may be made not earlier than 14 weeks before the beginning of the expected week of confinement.

• (2) A claim for an increase of maternity allowance in respect of an adult dependant may not be made in advance unless, on the date when made, the circumstances relating to the adult dependant concerned are such as would qualify the claimant for such an increase if they occurred in a period for which she was entitled to a maternity allowance.

Advance notice of retirement and claim for and award of pension

15

• (1) A claim for a retirement pension of any category, and for any increase in any such pension, or a state pension under Part 1 of the Pensions Act 2014 or a shared additional pension, and an award on such a claim, may be made at any time not more than 4 months before the date on which the claimant will, subject to the fulfilment of the necessary conditions, become entitled to such a pension.

• (2) A notice for the purpose of section 27(4) of the Social Security Act 1975 (retirement from regular employment) shall be given to the Secretary of State in writing and shall specify a date, being a date not earlier than the date on which the person giving the notice attains pensionable age and not later than the expiration of the period of 4 months after the date on which the notice is given, as the date of that person's retirement.

• (3) Where the person giving notice of retirement specifies a date earlier than the date on which he attains pensionable age, the notice shall be treated as if the latter date had been specified.

• (4) For the purposes of that section 27(4) the prescribed period shall be the period of 12 months.

• (5) Where a person claims a Category A or Category B retirement pension and is, or but for that claim would be, in receipt of incapacity benefit ... for a period which includes the first day to which the claim relates, then if that day is not the appropriate day for the payment of retirement pension in his case, the claim shall be treated as if the first day of the claim was instead the next following such pay day.

• (6) Where the spouse or civil partner of such a person as is mentioned in paragraph (5) above claims a Category A or Category B retirement pension and the first day of that claim is the same as the first day of the claim made by that person, the provisions of that paragraph shall apply also to the claim made by the spouse or civil partner.

• (7) For the purposes of facilitating the determination of a subsequent claim for a Category A, B or C retirement pension or a state pension under Part 1 of the Pensions Act 2014, a person may at any time not more than 4 months before the date on which he will attain pensionable age, and notwithstanding that he intends to defer his entitlement to a Category A or Category B retirement pension or a state pension under Part 1 of the Pensions Act 2014 at that date, submit particulars in writing to the Secretary of State in a form approved by him for that purpose with a view to the determination (in advance of the claim) of any question under the Act or the Pensions Act 2014 relating to that person's title to such a pension ..., and subject to the necessary modifications, the provisions of these regulations shall apply to any such particulars.

Cold weather payments

15A

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

Advance claim for pension following deferment

15B

• (1) Where a person’s entitlement to a Category A or Category B retirement pension or a shared additional pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred) or section 55C(3) (pension increase or lump sum where entitlement to shared additional pension is deferred) thereof (as the case may be) a claim for—

• (a) a Category A or Category B retirement pension;

• (b) any increase in that pension; and

• (c) a shared additional pension,

may be made at any time not more than 4 months before the date on which the period of deferment, within the meaning of section 55(3) or section 55C(3) (as the case may be), ends.

• (2) Where a person’s entitlement to a state pension under Part 1 of the Pensions Act 2014 is deferred in accordance with sections 16 and 17 of that Act (option to defer and effect of deferring a state pension), a claim for such a state pension may be made at any time not more than 4 months before the date on which the period during which the person’s entitlement to a state pension was deferred ends.

Date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate

16

• (1) For the purpose only of determining the day from which benefit is to become payable, where a benefit other than one of those specified in paragraph (4) is awarded for a period of a week, or weeks, and the earliest date on which entitlement would otherwise commence is not the first day of a benefit week, entitlement shall begin on the first day of the benefit week next following.

• (1A) Where a claim for working families' tax credit is made in accordance with paragraph 7(a) or (aa) of Schedule 4 for a period following the expiration of an existing award of working families' tax credit or disabled persons' tax credit, entitlement shall begin on the day after the expiration of that award.

• (1B) Where a claim for working families' tax credit or disabled persons' tax credit, is made on or after the date when an up-rating order is made under section 150 of the Social Security Administration Act 1992, but before the date when that order comes into force, and—

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

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

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

• (1C) Where a claim for disabled persons' tax credit is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of disabled persons' tax credit or working families' tax credit, entitlement shall begin on the day after the expiration of that award.

• (1D) Except in a case where regulation 22D(1) or (2) applies, for the purpose only of determining the day from which retirement pension payable in arrears under regulation 22C is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.

• (1E) Except in a case where regulation 22DA applies, for the purpose only of determining the day from which state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA is to become payable, where entitlement would otherwise begin on a day which is not the first day of the benefit week, entitlement shall begin on the first day of the benefit week next following.

• (2) Where there is a change in the rate of any benefit to which paragraph (1) applies (other than widowed mother’s allowance and widow’s pension) the change, if it would otherwise take effect on a day which is not the first day of the benefit week for that benefit, shall take effect from the first day of the benefit week next following.

• (2A) Subject to paragraph (2B), where there is a change in the rate of ... widowed mother’s allowance, widowed parent’s allowance or widow’s pension, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the first day of the benefit week next following.

• (2B) Paragraph (2A) shall not apply in a case where an award of benefit is terminated and benefit is paid in arrears.

• (2C) Where a benefit specified in paragraph (2A) is paid in advance and the award is terminated, the termination, if it would otherwise take effect on a day which is not the first day of a benefit week, shall take effect on the first day of the benefit week next following.

• (2D) Where an award of retirement pension is terminated due to the death of the beneficiary, the termination shall take effect on the first day of the benefit week next following the date of death.

• (2E) Except in a case where paragraph (2F) or regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and there is a change in the rate of that benefit, the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

• (2F) Except in a case where regulation 22D(2) applies, where a retirement pension is paid in arrears under regulation 22C and a change in the rate of that benefit takes effect under an order made under section 150 or 150A of the 1992 Act (annual up-rating of benefits, basic pension etc.) the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.

• (2G) Except in a case where paragraph (2H) applies, where—

• (a) a state pension under Part 1 of the Pensions Act 2014 is paid in arrears under regulation 22CA; and

• (b) there is a change in the rate of that benefit,

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect from the start of the benefit week in which the change occurs.

• (2H) Where—

• (a) a state pension under Part 1 of the Pensions Act 2014 is paid in arrears under regulation 22CA; and

• (b) a change in the rate of that benefit takes effect under an Order made under section 150, 150A or 151A of the 1992 Act,

the change, if it would otherwise take effect on a day which is not the first day of the benefit week, shall take effect on the first day of the benefit week next following.

• (3) For the purposes of this regulation the first day of the benefit week—

• (a) in the case of child benefit and guardian’s allowance is Monday,

• (b) in the case of working families' tax credit or disabled persons' tax credit is Tuesday, and

• (c) in any other case is —

• (i) when paid in advance, the day of the week on which the benefit is payable in accordance with regulation 22 (long-term benefits) or 22A (bereavement support payment, widowed mother’s allowance, widowed parent’s allowance and widow’s pension);

• (ii) when paid in arrears, the first day of the period of 7 days which ends on the day on which the benefit is payable in accordance with regulation 22, 22A, 22C or 22CA.

• (4) The benefits specified for exclusion from the scope of paragraph (1) are jobseeker’s allowance, incapacity benefit, employment and support allowance, maternity allowance, ... severe disablement allowance, income support , state pension credit, bereavement support payment, widowed parent’s allowance, retirement pension payable in arrears under regulation 22C, state pension under Part 1 of the Pensions Act 2014 payable in arrears under regulation 22CA ... and any increase of those benefits.

Date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate

16A

• (1) For the purpose only of determining the day from which state pension credit is to become payable, where the credit is awarded from a day which is not the first day of the claimant’s benefit week, entitlement shall begin on the first day of the benefit week next following.

• (2) In the case of a claimant who—

• (a) immediately before attaining the qualifying age was entitled to income support, universal credit, income-based jobseeker's allowance or income-related employment and support allowance and is awarded state pension credit from the day on which he attains the qualifying age; or

• (b) was entitled to an income-based jobseeker’s allowance or universal credit after attaining the qualifying age and is awarded state pension credit from the day which falls after the date that entitlement ends,

entitlement to the guarantee credit shall, notwithstanding paragraph (1), begin on the first day of the award.

• (3) Where a change in the rate of state pension credit would otherwise take effect on a day which is not the first day of the claimant’s benefit week, the change shall take effect from the first day of the benefit week next following.

• (4) For the purpose of this regulation, “benefit week” means—

• (a) where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant's case, that benefit is payable;

• (b) where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant's case, that benefit is payable.

Duration of awards

17

• (1) Subject to the provisions of this regulation and of section 37ZA(3) of the Social Security Act 1975 (disability living allowance) and section 20(6) and (6F) of the Social Security Act 1986 (working families' tax credit and disabled persons' tax credit) a claim for benefit shall be treated as made for an indefinite period and any award of benefit on that claim shall be made for an indefinite period.

• (1A) Where an award of income support or an income-based jobseeker’s allowance is made in respect of a couple and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Except in the case of claims for and awards of state pension credit, if ... it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example where a relevant change of circumstances is reasonably to be expected in the near future) the claim shall be treated as made and the award shall be for a definite period which is appropriate in the circumstances.

• (4) In any case where benefit is awarded in respect of days subsequent to the date of claim the award shall be subject to the condition that the claimant satisfies the requirements for entitlement....

• (5) The provisions of Schedule 2 shall have effect in relation to claims for a jobseeker’s allowance made during periods connected with public holidays.

Duration of disallowance

18

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

Time for claiming benefit

19

• (1) Subject to the following provisions of this regulation, the prescribed time for claiming any benefit specified in column (1) of Schedule 4 is the appropriate time specified opposite that benefit in column (2) of that Schedule.

• (2) The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.

• (3) The benefits to which paragraph (2) applies are—

• (a) child benefit;

• (b) guardian’s allowance;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) invalid care allowance or carer’s allowance, as the case may be,;

• (e) maternity allowance;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ff) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) widow’s benefit;

• (ga) subject to paragraph (3B), widowed parent’s allowance;

• (gb) subject to paragraph (3BA), bereavement support payment;

• (h) ... any increase in any benefit (other than income support or jobseeker’s allowance) in respect of a child or adult dependant.

• (i) state pension credit.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) The time prescribed for claiming a widowed parent’s allowance in respect of the day on which the claimant’s spouse or civil partner has died or may be presumed to have died where—

• (a) less than 12 months have elapsed since the day of the death; and

• (b) the circumstances are as specified in section 3(1)(b) of the Social Security Administration Act 1992 (death is difficult to establish),

is that day and the period of 12 months immediately following that day if the other conditions of entitlement are satisfied.

• (3BA) The prescribed time for claiming bereavement support payment in respect of—

• (a) the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment); and

• (b) the date on which the claimant’s spouse or civil partner died,

is 12 months beginning with that date of death.

• (3C) In any case where the application of paragraphs (16) to (34) of regulation 6 would be advantageous to the claimant, this regulation shall apply subject to those provisions.

• (4) Subject to paragraph (8), in the case of a claim for income support, jobseeker’s allowance, working families' tax credit or disabled persons' tax credit, where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of three months, to the date on which the claim is made, where—

• (a) any one or more of the circumstances specified in paragraph (5) applies or has applied to the claimant; and

• (b) as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.

• (5) The circumstances referred to in paragraph (4) are—

• (a) the claimant has difficulty communicating because—

• (i) he has learning, language or literacy difficulties; or

• (ii) he is deaf or blind,

and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

• (b) except in the case of a claim for jobseeker’s allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

• (c) the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

• (d) the claimant was given information by an officer of the Department for Work and Pensions or in a case to which regulation 4A applies, a representative of a relevant authority or of the Board which led the claimant to believe that a claim for benefit would not succeed;

• (e) the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;

• (f) the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;

• (g) the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or

• (h) the claimant was prevented by adverse weather conditions from attending the appropriate office.

• (6) In the case of a claim for income support, jobseeker’s allowance, working families' tax credit or disabled persons' tax credit, where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of one month, to the date on which the claim is made, where—

• (a) any one or more of the circumstances specified in paragraph (7) applies or has applied to the claimant; and

• (b) as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.

• (7) The circumstances referred to in paragraph (6) are—

• (a) the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;

• (b) the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;

• (c) there were adverse postal conditions;

• (d) the claimant or, in the case of income support or jobseeker’s allowance, the claimant or his partner was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant or his partner, as the case may be, before the date that his entitlement expired;

• (e) in the case of a claim for working families' tax credit, the claimant had previously been entitled, or the partner of the claimant had previously been entitled in relation to the claimant, to income support or jobseeker’s allowance and the claim for working families' tax credit was made within one month of—

• (i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the person entitled not being treated as engaged in remunerative work by virtue of paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6 of the Income Support (General) Regulations 1987; or

• (ii) the expiry of entitlement to jobseeker’s allowance;

• (f) except in the case of a claim for working families' tax credit or disabled persons' tax credit, the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made; ...

• (g) during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose “close relative” means partner, parent, son, daughter, brother or sister; or.

• (h) in the case of a claim for disabled person’s tax credit, the claimant had previously been entitled to income support, jobseeker’s allowance, incapacity benefit or severe disablement allowance and the claim for disabled person’s tax credit was made within one month of—

• (i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the claimant not being treated as engaged in remunerative work by virtue of paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6 of the Income Support (General) Regulations 1987; or

• (ii) the expiry of entitlement to jobseeker’s allowance, incapacity benefit or severe disablement allowance;

• (ha) in the case of a claim for disabled person’s tax credit, the partner of the claimant had previously been entitled in relation to the claimant to income support or jobseeker’s allowance, and the claim for disabled person’s tax credit was made within one month of—

• (i) the expiry of entitlement to income support ignoring any period in which entitlement resulted from the partner of the claimant not being treated as engaged in remunerative work by virtue of paragraphs (2) and (3), or paragraphs (5) and (6), of regulation 6 of the Income Support (General) Regulations 1987; or

• (ii) the expiry of entitlement to jobseeker’s allowance;

• (i) in the case of a claim for a jobseeker’s allowance by a member of a joint-claim couple where the other member of that couple failed to attend at the time and place specified by the Secretary of State for the purposes of regulation 6.

• (j) the claimant was unable to make telephone contact with the appropriate office where he would be expected to notify his intention of making a claim because the telephone lines to that office were busy or inoperative.

• (7A) Where—

• (a) a claim for a social fund payment in respect of maternity expenses (a “relevant social fund payment”) is made by a person to whom paragraph (7B) or (7C) applies; and

• (b) both of the conditions in paragraph (7D) are met,

sub-paragraphs (a) to (f) of the entry in column (2) of Schedule 4 relating to the relevant social fund payment each have effect as if at the end there were added “or, if later, 8th December 2023”.

• (7B) This paragraph applies to a person who—

• (a) is granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (“the 1971 Act”) where such leave is granted by virtue of—

• (i) Appendix Afghan Relocations and Assistance Policy of those rules; or

• (ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

• (b) does not come within sub-paragraph (a) and who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.

• (7C) This paragraph applies to a person who was residing in Ukraine immediately before 1st January 2022, who left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and who—

• (a) has a right of abode in the United Kingdom within the meaning given in section 2 of the 1971 Act;

• (b) has been granted leave in accordance with immigration rules made under section 3(2) of the 1971 Act;

• (c) has been granted, or is deemed to have been granted, leave outside those rules; or

• (d) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the 1971 Act.

• (7D) The conditions for the purposes of paragraph (7A)(b) are that—

• (a) at the date of the claim for a relevant social fund payment, there is an existing member of the family (within the meaning given in regulation 5A of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005); and

• (b) that existing member of the family is under the age of 16 on that date.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — PAYMENTS

Time of payment: general provision

20

Subject to regulations 21 to 26B, benefit shall be paid in accordance with an award as soon as is reasonably practicable after the award has been made.

Payment on presentation of an instrument for benefit payment

20A

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Direct credit transfer

21

• (1) The Secretary of State may arrange for benefit to be paid by way of direct credit transfer into a bank or other account nominated by the person entitled to benefit or a person acting on their behalf.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subject to paragraph (3A) benefit shall be paid in accordance with paragraph (1) within seven days of the last day of each successive period of entitlement ... or, so far as concerns working families' tax credit or disabled person’s tax credit, within such time as the Board may direct.

• (3A) Income Support shall be paid in accordance with paragraph (1) within 7 days of the time determined for the payment of income support in accordance with Schedule 7.

• (3B) Where child benefit is payable in accordance with paragraph (1), an arrangement under that paragraph shall also have effect for any guardian’s allowance to which the claimant is entitled and that allowance shall be paid in the same manner as the child benefit which is due in his case.