The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002

• Citation: S.I. 2002/2441
• Sections: 15

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force—

(a) for the purposes of this regulation, regulations 6 to 8 and 11 to 15 on 23rd October 2002;

(b) for the purposes of regulation 4 immediately before 1st April 2003; and

(c) for all other purposes on 8th April 2003.

(2) In these Regulations, except as otherwise stated, a reference to a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .

Section 2 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 21 (direct credit transfer)—

(a) for paragraph (1) there shall be substituted—

(1) Subject to the provisions of this regulation, benefit may, by an arrangement between the Secretary of State and the person claiming or entitled to it, be paid by way of direct credit transfer into a bank or other account—

(a) in the name of the person entitled to benefit, or his spouse or partner, or a person acting on his behalf, or

(b) in the joint names of the person entitled to benefit and his spouse or partner, or the person entitled to benefit and a person acting on his behalf.

(b) paragraph (2) shall be omitted;

(c) in paragraph (3), “as may be provided in the application” shall be omitted; and

(d) in paragraphs (3B) and (3C) for “any application to which paragraph (2) refers” there shall be substituted “an arrangement under that paragraph”.

Section 3 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 22 (long term benefits), for paragraph (1) there shall be substituted—

(1) Subject to the provisions of this regulation and regulation 25(1), long term benefits may be paid at intervals of four weeks, or weekly in advance.

(1A) Disability living allowance shall be paid at intervals of four weeks.

Section 4 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 23 (child benefit and guardian’s allowance), in paragraph (1) “and of regulation 21 (direct credit transfer)” shall be omitted.

Section 5 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 24 (incapacity benefit, maternity allowance and severe disablement allowance), in paragraphs (1) and (2) “regulation 21 and” shall be omitted.

Section 6 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 29 (payments to persons under age 18) for “the receipt of that person” there shall be substituted “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,”.

Section 7 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 30(2) (payments on death), in sub-paragraph (a) for “the receipt of any such person” there shall be substituted “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,”.

Section 8 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 33 (persons unable to act), in paragraph (3) for “the receipt of any person so appointed” there shall be substituted “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,”.

Section 9 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 35(2) (deductions which may be made from benefit and paid to third parties) for “instrument of payment may be, and in the case of funeral expenses shall be, made payable to that person and it may, in any case, be delivered or sent to that person as a direct payment” there shall be substituted “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”.

Section 10 Amendment of the Social Security (Claims and Payments) Regulations 1987

In regulation 38 (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period), in paragraph (2A)(c)(i) , for “automated” there shall be substituted “direct”.

Section 11 Amendment of the Social Security (Claims and Payments) Regulations 1987

In Schedule 6 (days for payment of long term benefits)—

(a) in paragraph 5(b) (retirement pension) for “Tuesdays” there shall be substituted “the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6”;

(b) in paragraph 5(d) (retirement pension) for “in any particular case determine” there shall be substituted “where payment is by direct credit transfer, or in the circumstances of any particular case, determine”; and

(c) in paragraph 6 (widowed mother’s allowance and widow’s pension) for “on Tuesdays” there shall be substituted—

on—

(a) Tuesdays; or

(b) such other day of the week as the Secretary of State may determine, where payment is by direct credit transfer, or in the circumstances of any particular case,

and where, in relation to any person, any particular day of the week has become the appropriate day of the week for payment of such an allowance or pension, that day shall thereafter remain the appropriate day for such payment in his case

Section 12 Amendment of the Social Security (Claims and Payments) Regulations 1987

In Schedule 9 (deductions from benefit and direct payment to third parties), in paragraph 1 (interpretation), in the definition of “specified benefit” —

(a) for paragraph (a) there shall be substituted—

(a) income support, which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and

(b) paragraph (b) shall be omitted.

Section 13 Amendment of the Social Security (Claims and Payments) Regulations 1987

In Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 1 (interpretation), in the definition of “relevant benefits” —

(a) for paragraph (a) there shall be substituted—

(a) income support, which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and

(b) paragraph (b) shall be omitted.

Section 14 Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

In the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 , in regulation 16(8) (limitations on deductions from prescribed benefits), for the definition of “specified benefit” there shall be substituted—

“specified benefit” means—

a jobseeker’s allowance, or income support which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and

income support and, where paid to the beneficiary concurrently with income support in respect of any period but not in a combined payment, incapacity benefit, retirement pension or severe disablement allowance,

but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Social Security (Child Maintenance Bonus) Regulations 1996 .

Section 15 Tax credits

Nothing in these Regulations shall affect the application of the Social Security (Claims and Payments) Regulations 1987 to working families' tax credit and disabled person’s tax credit.