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

(4) In respect of benefit which is the subject of an arrangement for payment under this regulation, the Secretary of State or the Board may make a particular payment by credit transfer otherwise than is provided by paragraph (3) or (3A) if it appears to him or them appropriate to do so for the purpose of–

(a) paying any arrears of benefit, or

(b) making a payment in respect of a terminal period of an award or for any similar purpose.

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

(5A) In relation to payment of a joint-claim jobseeker’s allowance, references in this regulation to the person entitled to benefit shall be construed as references to the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act.

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

Payment of arrears of benefit by instalments

21ZA

Except where regulation 23 applies, the Secretary of State may pay arrears of benefit in instalments where—

(a) the Secretary of State considers it is necessary for protecting the interests of the beneficiary; and

(b) the beneficiary agrees that those arrears may be paid in instalments.

Payment of arrears of benefit by instalments

21ZB

(1) In relation to payments made under provisions related to devolved social security matters, the Scottish Ministers may pay arrears of benefit in instalments where—

(a) the Scottish Ministers consider it is necessary for protecting the interests of the beneficiary, and

(b) the beneficiary agrees that those arrears may be paid in instalments.

(2) For the purpose of paragraph (1), “devolved social security matters” means matters which are within the legislative competence of the Scottish Parliament by virtue of exceptions 1 to 10 in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

Delayed payment of lump sum

21A

(1) This regulation applies where—

(a) a person (“P”) is entitled to a lump sum under, as the case may be—

(i) Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(ii) Schedule 5A to that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(iii) Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (further provisions replacing section 36(4) of the National Insurance Act 1965: increases of graduated retirement benefit and lump sums);

(iv) section 8 of the Pensions Act 2014 (choice of lump sum or survivor’s pension in certain cases); or

(v) Regulations under section 10 of the Pensions Act 2014 (inheritance of graduated retirement benefit) which make provision corresponding or similar to section 8 of that Act;

(b) the Secretary of State decides to make a payment on account of such a lump sum.

(2) Subject to paragraph (3), for the purposes of section 7 of the Finance (No. 2) Act 2005 (charge to income tax of lump sum), P may elect to be paid the lump sum in the tax year (“the later year of assessment”) next following the tax year which would otherwise be the applicable year of assessment by virtue of section 8 of that Act (meaning of “applicable year of assessment” in section 7).

(3) P may not elect in accordance with paragraph (2) (“a tax election”) unless he elects on the same day as he chooses a lump sum in accordance with, as the case may be—

(a) paragraph A1 or 3C of Schedule 5 to the Contributions and Benefits Act;

(b) paragraph 1 of Schedule 5A to that Act;

(d) section 8 of the Pensions Act 2014;

(e) Regulations under section 10 of the Pensions Act 2014 which make provision corresponding or similar to section 8 of that Act,

or within a month of that day.

(4) A tax election may be made in writing to an office specified by the Secretary of State for accepting such elections or, except where in any particular case the Secretary of State directs that the election must be made in writing, it may be made by telephone call to the number specified by the Secretary of State.

(5) If P makes a tax election, payment of the lump sum, or any payment on account of the lump sum, shall be made in the first month of the later year of assessment or as soon as reasonably practicable after that month, unless P revokes the tax election before the payment is made.

(6) If P makes no tax election in accordance with paragraphs (2) and (3), or revokes a tax election, payment of the lump sum or any payment on account of the lump sum shall be made as soon as reasonably practicable after P—

(a) elected for a lump sum, or was treated as having so elected; or

(b) revoked a tax election.

(7) If P dies before the beginning of the later year of assessment—

(a) any tax election in respect of P's lump sum shall cease to have effect; and

(b) no person appointed under regulation 30 to act on P's behalf may make a tax election.

(8) In this regulation “the later year of assessment” has the meaning given by section 8(5) of the Finance (No. 2) Act 2005.

Long term benefits

22

(1) Subject to the provisions of this regulation and regulations 22A, 22C and 25(1), long term benefits may be paid at intervals of four weeks in arrears, weekly in advance or, where the beneficiary agrees, at intervals not exceeding 13 weeks in arrears.

(1A) Subject to paragraph (1B), disability living allowance shall be paid at intervals of four weeks.

(1B) The Secretary of State may, in any particular case or class of case, arrange that attendance allowance or disability living allowance shall be paid at such other intervals not exceeding four weeks as may be specified.

(2) Where the amount of long-term benefit payable is less than £5.00 a week the Secretary of State may direct that it shall be paid (whether in advance or in arrears) at such intervals as may be specified not exceeding 12 months.

(3) Schedule 6 specifies the days of the week on which the various long term benefits are payable.

... Widowed mother’s allowance, widowed parent’s allowance and widow’s pension

22A

(1) Subject to paragraphs (2) and (4), ... widowed mother’s allowance, widowed parent’s allowance and widow’s pension shall be paid fortnightly in arrears on the day of the week specified in paragraph (3).

(2) The Secretary of State may, in any particular case or class of case, arrange that a benefit specified in paragraph (1) be paid on any other day of the week.

(3) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday.

(4) The Secretary of State may, in any particular case or class of case, arrange that the beneficiary be paid weekly in advance or in arrears or, where the beneficiary agrees to be paid in such manner, at intervals of four or 13 weeks in arrears.

Payment of ... widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate

22B

(1) Where entitlement to a ... widowed parent’s allowance begins on a day which is not the first day of the benefit week, it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(2) Where the Secretary of State changes the day on which a benefit mentioned in paragraph (5) is payable, the benefit shall be paid at a daily rate in respect of any day for which payment would have been made but for that change.

(3) An award of benefit mentioned in paragraph (5) shall be paid at a daily rate where—

(a) the award is terminated;

(b) entitlement ends on a day other than the last day of the benefit week; and

(4) Where benefit is paid at a daily rate in the circumstances mentioned in paragraph (3), it shall be so paid in respect of the period beginning with the first day of the final benefit week and ending on the last day for which there is an entitlement to the benefit.

(5) Paragraphs (2) and (3) apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) widowed mother’s allowance;

(d) widow’s pension.

(6) Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate shall be 1/7th of the weekly rate.

Retirement pension

22C

(1) This regulation applies in relation to payment of a retirement pension to persons who reach pensionable age on or after 6th April 2010, other than to a person to whom paragraph (7) applies.

(2) Subject to paragraphs (4) to (6), a retirement pension shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (3).

(3) The day specified for the purposes of paragraph (2) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday

(4) The Secretary of State may, in any particular case or class of case, arrange that retirement pension be paid on any other day of the week.

(5) The Secretary of State may, in any particular case or class of case, arrange that the beneficiary be paid in arrears at intervals of 13 weeks where the beneficiary agrees.

(6) Where the amount of a retirement pension payable is less than £5.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 12 months, as may be specified in the direction.

(7) This paragraph applies to a man who—

(a) was in receipt of state pension credit in respect of any day in the period beginning with the day 4 months and 4 days before the day on which he reaches pensionable age and ending on 5th April 2010; or

(b) was in continuous receipt of state pension credit from 5th April 2010 until a day no earlier than the day 4 months and 4 days before the day on which he reaches pensionable age.

State pension under Part 1 of the Pensions Act 2014

22CA

(1) This regulation applies in relation to payment of a state pension under Part 1 of the Pensions Act 2014.

(2) State pension is to be paid in arrears.

(3) The Secretary of State may arrange to pay state pension at intervals of—

(a) one week;

(b) two weeks, if the beneficiary was in receipt of a working age benefit immediately before becoming entitled to the state pension which was paid fortnightly;

(d) 13 weeks, if the beneficiary agrees; or

(e) such length not exceeding 12 months as the Secretary of State may choose, if—

(i) the Secretary of State makes a direction specifying that length; and

(ii) the amount of the state pension payable is less than £5.00 per week.

(4) State pension is to be paid—

(a) on the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number; or

(b) in any particular case or class of case, on any other day of the week that the Secretary of State may choose.

(1) Last 2 digits national insurance number	(2) Day to be paid state pension
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday

Payment of retirement pension at a daily rate

22D

(1) Where the entitlement of a person (B) to a retirement pension begins on a day which is not the first day of the benefit week in the circumstances specified in paragraph (3), it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(2) Where in respect of a retirement pension—

(a) the circumstances specified in paragraph (3) apply,

(b) B’s entitlement to that benefit begins on a day which is not the first day of the benefit week, and

(c) 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 basic pension etc.) on a day, in the same benefit week, subsequent to the day on which B’s entitlement arose,

it shall be paid at a daily rate in respect of the period beginning with the day on which entitlement begins and ending on the day before the first day of the following benefit week.

(3) The circumstances referred to in paragraphs (1) and (2) are where—

(a) the retirement pension is paid in arrears,

(b) B has not opted to defer entitlement to a retirement pension under section 55 of the Contributions and Benefits Act, and

(i) was in receipt of a working age benefit in respect of any day in the period beginning with the day 8 weeks and a day before B reaches pensionable age and ending immediately before the day B reaches such age, or

(ii) has reached pensionable age and is a dependent spouse of a person who is in receipt of an increase for an adult dependant under section 83 or 84 of the Contributions and Benefits Act.

(4) Where benefit is payable at a daily rate in the circumstances mentioned in this regulation, the daily rate which shall apply in respect of a particular day in the relevant period shall be 1/7th of the weekly rate which, if entitlement had begun on the first day of the benefit week, would have had effect on that particular day.

(5) In this regulation, “benefit week” means the period of 7 days which ends on the day on which, in B’s case, the benefit is payable in accordance with regulation 22C.

Payment of state pension under Part 1 of the Pensions Act 2014 at a daily rate

22DA

(1) State pension under Part 1 of the Pensions Act 2014 is to be paid at a daily rate where—

(a) the day on which a person’s first benefit week begins is after—

(i) the day on which the person reaches pensionable age; or

(ii) where the person has deferred their state pension under sections 16 and 17 of the Pensions Act 2014, the first day in respect of which the person makes a claim for their state pension; or

(b) the day on which a person’s last benefit week begins is before the day on which the person dies.

(2) The period for which a daily rate is to be paid is—

(a) where paragraph (1)(a) applies, the period—

(i) beginning on the day on which the person reaches pensionable age or the first day in respect of which the person makes a claim for their state pension; and

(ii) ending on the day before the day on which the person’s first benefit week begins; or

(b) where paragraph (1)(b) applies, the period beginning on the day on which the person’s last benefit week begins and ending on the day on which the person dies.

(3) The daily rate at which state pension is payable under this regulation is 1/7th of the weekly rate which would have had effect on the day if a weekly rate had been payable.

(4) In this regulation, “benefit week” means the period of 7 days ending on the day on which the person’s state pension is payable in accordance with regulation 22CA(4).

Child benefit and guardian’s allowance

23

(1) Subject to the provisions of this regulation ..., child benefit shall be payable as follows:–

(a) in a case where a person entitled to child benefit elects to receive payment weekly in accordance with the provisions of Schedule 8, child benefit shall be payable weekly from the first convenient date after the election has been made;

(b) in any other case child benefit shall be payable in the last week of each successive period of four weeks of the period of entitlement.

(2) Subject to paragraph (3) and regulation 21, child benefit payable weekly or four-weekly shall be payable on Mondays or Tuesdays (as the Secretary of State may in any case determine) by means of serial orders or on presentation of an instrument for benefit payment.

(3) In such cases as the Secretary of State may determine, child benefit shall be payable otherwise than–

(a) by means of serial orders or on presentation of an instrument for benefit payment, or

(b) on Mondays or Tuesdays, or

and where child benefit is paid at four-weekly intervals in accordance with paragraph (1)(b) the Secretary of State shall arrange for it to be paid weekly if satisfied that payment at intervals of four weeks is causing hardship.

(3A) Where a claimant for child benefit is also entitled to guardian’s allowance, that allowance shall be payable in the same manner and at the same intervals as the claimant’s child benefit under this regulation.

(4) The Secretary of State shall take steps to notify persons to whom child benefit is payable of the arrangements he has made for payment so far as those arrangements affect such persons.

... Incapacity benefit, maternity allowance and severe disablement allowance

24

(1) Subject to ... paragraphs (3) and (3A), ... incapacity benefit, maternity allowance and severe disablement allowance shall be paid fortnightly in arrears unless, in any particular case or class of case, the Secretary of State arranges otherwise.

(1A) Subject to paragraph (1B), the benefits specified in paragraph (1) shall be paid on the day of the week specified in paragraph (1C).

(1B) The Secretary of State may, in any particular case or class of case, arrange that a benefit specified in paragraph (1) be paid on any other day of the week.

(1C) The day specified for the purposes of paragraph (1A) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday.

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

(3) If the weekly amount of incapacity benefit or severe disablement allowance is less than £1.00 it may be paid in arrears at intervals of 4 weeks.

(3A) Where the amount of incapacity benefit payable after reduction for pension payments under section 30DD of the Social Security Contributions and Benefits Act 1992 (including any reduction for other purposes) is less than £5.00 a week, the Secretary of State may direct that it shall be paid in arrears at such intervals as may be specified not exceeding 12 months.

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

Payment of attendance allowance and constant attendance allowance at a daily rate

25

(1) Attendance allowance or disability living allowance ... shall be paid in respect of any person, for any day falling within a period to which paragraph (2) applies, at the daily rate (which shall be equal to 1/7th of the weekly rate) and attendance allowance or disability living allowance ... payable in pursuance of this regulation shall be paid weekly or as the Secretary of State may direct in any case.

(2) This paragraph applies to any period which–

(a) begins on the day immediately following the last day of a period during which a person was living in a hospital specified in or other accommodation provided as specified in regulations made under section 37ZB(8) of the Social Security Act 1975 (“specified hospital or other accommodation”); and

(b) ends–

(i) if the first day of the period was a day of payment, at midnight on the day preceding the 4th following day of payment, or

(ii) if that day was not a day of payment, at midnight on the day preceding the 5th following day of payment, or

(iii) if earlier, on the day immediately preceding the day on which he next lives in specified hospital or other accommodation;

if on the first day of the period it is expected that, before the expiry of the period of 28 days beginning with that day, he will return to specified hospital or other accommodation.

(3) An increase of disablement pension under section 61 of the Social Security Act 1975 where constant attendance is needed (“constant attendance allowance”) shall be paid at a daily rate of 1/7th of the weekly rate in any case where it becomes payable for a period of less than a week which is immediately preceded and immediately succeeded by periods during which the constant attendance allowance was not payable because regulation 21(1) of the Social Security (General Benefit) Regulations 1982 applied.

Income support

26

(1) Subject to regulation 21 (direct credit transfer), Schedule 7 shall have effect for determining the ... time at which income support is to be paid... and the day when entitlement to income support is to begin.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the entitlement to income support is less than 10 pence or, in the case of a beneficiary to whom section 23A of the Social Security Act 1986 applies, £5, that amount shall not be payable unless the claimant is also entitled to payment of any other benefit with which income support may be paid under arrangements made by the Secretary of State.

Jobseeker’s allowance

26A

(1) Subject to the following provisions of this regulation, jobseeker’s allowance shall be paid fortnightly in arrears unless in any particular case or class of case the Secretary of State arranges otherwise.

(2) The provisions of paragraph 2A of Schedule 7 (payment of income support at times of office closure) shall apply for the purposes of payment of a jobseeker’s allowance as they apply for the purposes of payment of income support....

(3) Where the amount of a jobseeker’s allowance is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.

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

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

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

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

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

State pension credit

26B

(1) Except where paragraph (2) or regulation 26BA applies, state pension credit shall be payable on Mondays, but subject to regulation 21 where payment is by direct credit transfer.

(2) State pension credit shall be payable—

(a) on the same day as any—

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

(ii) retirement pension,

is payable to the claimant; or

(b) on such other day of the week as the Secretary of State may, in the particular circumstances of the case, determine.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to regulation 26BA, state pension credit paid otherwise than in accordance with regulation 21 shall be paid weekly in advance.

(5) Where the amount of state pension credit payable is less than £1.00 per week, the Secretary of State may direct that it shall be paid at such intervals, not exceeding 13 weeks, as may be specified in the direction.

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

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

Intervals for payment of state pension credit

26BA

(1) Where state pension credit is payable to a person who reaches pensionable age on or after 6th April 2010, other than a person to whom regulation 22C(7) applies, it shall be paid weekly, fortnightly or four weekly (as the Secretary of State may in any case determine) in arrears on the day of the week specified in paragraph (2).

(2) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the person’s national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday

(3) The Secretary of State may, in any particular case or class of case, arrange that state pension credit be paid on any other day of the week.

(4) Where the amount of state pension credit payable is less than £1.00 per week the Secretary of State may direct that it shall be paid in arrears at such intervals, not exceeding 13 weeks, as may be specified in the direction.

Employment and support allowance

26C

(1) Subject to paragraphs (3) to (7), employment and support allowance is to be paid fortnightly in arrears on the day of the week determined in accordance with paragraph (2).

(2) The day specified for the purposes of paragraph (1) is the day in column (2) which corresponds to the series of numbers in column (1) which includes the last 2 digits of the claimant's national insurance number—

(1)	(2)
00 to 19	Monday
20 to 39	Tuesday
40 to 59	Wednesday
60 to 79	Thursday
80 to 99	Friday

(3) The Secretary of State may, in any particular case or class of case, arrange that the claimant be paid otherwise than fortnightly.

(4) The Secretary of State may, in any particular case or class of case, arrange that employment and support allowance be paid on any day of the week and where it is in payment to any person and the day on which it is payable is changed, it must 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.

(5) Where the weekly amount of employment and support allowance is less than £1.00 it may be paid in arrears at intervals of not more than 13 weeks.

(6) Where the weekly amount of an employment and support allowance is less than 10 pence that allowance is not payable.

(7) The provisions of paragraph 2A of Schedule 7 (payment of income support at time of office closure) apply for the purposes of payment of employment and support allowance as they apply for the purposes of payment of income support.

Working families' tax credit and disabled persons' tax credit

27

(1) Subject to regulation 21 and paragraph (1A), working families' tax credit and disabled persons' tax credit shall be payable in respect of any benefit week on the Tuesday next following the end of that week by means of a book of serial orders or on presentation of an instrument for benefit payment unless in any case the Board arrange otherwise.

(1A) Subject to paragraph (2), where an amount of working families' tax credit or disabled persons' tax credit becomes payable which is at a weekly rate of not more than £4.00, that amount shall, if the Board so direct, be payable as soon as practicable by means of a single payment; except that if that amount represents an increase in the amount of either of those benefits which has previously been paid in respect of the same period, this paragraph shall apply only if that previous payment was made by means of a single payment.

(2) Where the entitlement to working families' tax credit or disabled persons' tax credit is less than 50 pence a week that amount shall not be payable.

Fractional amounts of benefit

28

(1) Subject to paragraph (2), where the amount of any benefit payable would, but for this regulation, include a fraction of a penny, that fraction shall be disregarded if it is less than a half penny and shall otherwise be treated as a penny.

(2) Where the amount of any maternity allowance payable would, but for this regulation, include a fraction of a penny, that fraction shall be treated as a penny.

Payment to a person under age 18

29

Where benefit is paid to a person under the age of 18 (whether on his own behalf or on behalf of another) a direct credit transfer under regulation 21 into that person’s account, or the receipt by him of a payment made by some other means, shall be a sufficient discharge to the Secretary of State or the Board.

Payments on death

30

(1) On the death of a person who has made a claim for benefit, the Secretary of State or the Board may appoint such person as he or they may think fit to proceed with the claim and any related issue of revision, supersession or appeal.

(2) Subject to paragraphs (4) and (4A), any sum payable by way of benefit which is payable under an award on a claim proceeded with under paragraph (1) may be paid or distributed by the Secretary of State or the Board to or amongst persons over the age of 16 claiming as personal representatives, legatees, next of kin, or creditors of the deceased (or, where the deceased was illegitimate, to or amongst other persons over the age of 16), and the provisions of regulation 38 (extinguishment of right) shall apply to any such payment or distribution; and

(a) a direct credit transfer under regulation 21 into any such person’s account, 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 so paid; and

(b) where the Secretary of State is satisfied or the Board are satisfied that any such sum or part thereof is needed for the benefit of any person under the age of 16, he or they may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Secretary of State or the Board that he will apply the sum so paid for the benefit of the person under the age of 16.

(3) Subject to paragraph (2), any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the right thereto was already extinguished at that date, be paid or distributed to or amongst such persons as are mentioned in paragraph (2), and regulation 38 shall apply to any such payment or distribution, except that, for the purpose of that regulation, the period of 12 months shall be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

(4) Subject to paragraph (4B), paragraphs (2) and (3) shall not apply in any case unless written application for the payment of any such sum is made to the Secretary of State or the Board within 12 months from the date of the deceased's death or within such longer period as the Secretary of State or the Board may allow in any particular case.

(4A) In a case where a joint-claim jobseeker’s allowance has been awarded to a joint-claim couple and one member of that couple dies, the amount payable under that award shall be payable to the other member of that couple.

(4B) A written application is not required where—

(a) an executor or administrator has not been appointed and;

(b) the deceased was in receipt of a retirement pension of any category, a state pension under Part 1 of the Pensions Act 2014 or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;

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

(5) Subject to paragraphs (5A) to (5H) , where the conditions specified in paragraph (6) are satisfied, a claim may be made on behalf of the deceased to any benefit other than jobseeker’s allowance, income support, state pension credit, working families' tax credit or disabled persons' tax credit or a social fund payment such as is mentioned in section 32(2)(a) and section 32(2A) of the Social Security Act 1986 , or reduced earnings allowance or disablement benefit, to which he would have been entitled if he had claimed it in the prescribed manner and within the prescribed time.

(5A) Subject to paragraphs (5B) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit provided that the deceased was not married or in a civil partnership on the date of his death.

(5B) But, subject to paragraphs (5C) to (5G), a claim may be made in accordance with paragraph (5) on behalf of the deceased for a Category A or Category B retirement pension or graduated retirement benefit where the deceased was a married woman or a civil partner on the date of death if the deceased’s widower or surviving civil partner was under pensionable age on that date and due to attain pensionable age before 6th April 2010.

(5C) Where a claim is made for a shared additional pension or a state pension under Part 1 of the Pensions Act 2014 under paragraph (5) or for a retirement pension or graduated retirement benefit under paragraphs (5) and (5A) or (5B), in determining the benefit to which the deceased would have been entitled if he had claimed within the prescribed time, the prescribed time shall be the period of three months ending on the date of his death and beginning with any day on which, apart from satisfying the condition of making a claim, he would have been entitled to the pension or benefit.

(5D) Paragraph (5E) applies where, throughout the period of 12 months ending with the day before the death of the deceased person, his entitlement to a Category A or a Category B retirement pension, shared additional pension or graduated retirement benefit was deferred in accordance with, as the case may be—

(a) section 55 of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);

(b) section 55C of that Act (pension increase or lump sum where entitlement to shared additional pension is deferred); or

(5E) Paragraph (5F) applies where—

(a) the deceased person was a widow or widower (“W”) who was married to the other party of the marriage (“S”) when S died;

(b) throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or to graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5C)(a) or (b); and

(5F) Paragraphs (5G) and (5H) apply where—

(a) the deceased person was a widow, widower or surviving civil partner (“W”) who was married to, or in a civil partnership with, the other party of the marriage or civil partnership (“S”) when S died;

(b) throughout the period of 12 months ending with the day before S’s death, S’s entitlement to a Category A or a Category B retirement pension or graduated retirement benefit was deferred in accordance with, as the case may be, paragraph (5D)(a) or (c); and

(c) W made no statutory election, or choice under section 8(2) of the Pensions Act 2014 or Regulations under section 10 of that Act which make provision corresponding or similar to section 8(2), in consequence of the deferral.

(5G) Where a person claims under paragraphs (5) and (5A) the deceased (referred to as W in paragraph (5F)) shall be treated as having made an election in accordance with, as the case may be—

(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

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

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

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

PART V — ... EXTINGUISHMENT

Suspension

37

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

Suspension in identical cases

37A

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

Withholding payment of arrears of benefit

37B

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

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

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

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

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