The Social Security (Claims and Payments) Regulations 1987

Extract

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The Social Security (Claims and Payments) Regulations 1987

Statutory Instruments

SOCIAL SECURITY

Made

20 th November 1987

Coming into force

11 th April 1988

Whereas a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament:

Now therefore, the Secretary of State for Social Services, in exercise of the powers conferred by sections 165 A and 166(2) of the Social Security Act 1975(1) , section 6(1) of the Child Benefit Act 1975(2) , sections 21(7) , 51(1)(a) to (s) , 54(1) and 84(1) of the Social Security Act 1986(3) and, as regards the revocations set out in Schedule 10 to this instrument, the powers specified in that Schedule, and all other powers enabling him in that behalf, by this instrument which contains only regulations made under the sections of the Social Security Act 1986 specified above and provisions consequential on those sections and which is made before the end of a period of 12 months from the commencement of those sections, makes the following Regulations:–

PART IGENERAL

Citation and commencement

1.  These Regulations may be cited as the Social Security (Claims and Payments) Regulations 1987 and shall come into operation on 11 th April 1988.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“adjudicating authority” means any person or body with responsibility under the Social Security Acts 1975 to 1986 , and regulations made thereunder, for the determination of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits;

“appropriate office” means an office of the Department of Health and Social Security or the Department of Employment;

“claim for benefit” includes–

an application for a declaration that an accident was an industrial accident;

a claim for attendance allowance expressed as an application for review of an earlier determination but which discloses no grounds on which such a determination could be reviewed;

an application for the review of an award or a decision for the purpose of obtaining any increase of benefit, but does not include any other application for the review of an award or a decision;

“long-term benefits” means any retirement pension, a widowed mother’s allowance, a widow’s pension, attendance allowance, mobility allowance, invalid care allowance, guardian’s allowance, any pension or allowance for industrial injury or disease and any increase in any such benefit;

“married couple” means a man and a woman who are married to each other and are members of the same household;

“partner” means one of a married or unmarried couple;

“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; and

“week” means a period of 7 days beginning with midnight between Saturday and Sunday.

(2) Unless the context otherwise requires, any reference in these Regulations to–

(a) a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation having that number;

(b) a benefit includes any benefit under the Social Security Act 1975(4) , child benefit under Part I of the Child Benefit Act 1975(5) , income support and family credit under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) of that Act.

(3) For the purposes of the provisions of these Regulations relating to the making of claims every increase of benefit under the Social Security Act 1975 shall be treated as a separate benefit and so shall an increase in the weekly rate of benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976(6).

PART IICLAIMS

Claims not required for entitlement to benefit in certain cases

3.  It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–

(a) in the case of a Category C retirement pension where the beneficiary is in receipt of–

(i) another retirement pension under the Social Security Act 1975; or

(ii) widow’s benefit under Chapter 1 of Part II of that Act; or

(iii) benefit by virtue of section 39(4) of that Act corresponding to a widow’s pension or a widowed mother’s allowance;

(b) in the case of a Category D retirement pension where the beneficiary–

(i) was ordinarily resident in Great Britain on the day on which he attained 80 years of age; and

(ii) is in receipt of another retirement pension under the Social Security Act 1975;

(c) age addition in any case;

(d) in the case of a Category A or B retirement pension–

(i) where the beneficiary is a woman over the age of 65 and entitled to a widowed mother’s allowance, on her ceasing to be so entitled; or

(ii) where the beneficiary is a woman under the age of 65 and in receipt of widow’s pension, on her attaining that age.

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