The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005

• Citation: S.I. 2005/777
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 and shall come into force on 11th April 2005.

(2) In these Regulations “the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .

Section 2 Amendment of regulation 19 of the Claims and Payments Regulations

In regulation 19 of the Claims and Payments Regulations (time for claiming benefit)—

(a) in paragraph (3)—

(i) for sub-paragraph (ga) substitute—

(ga) subject to paragraphs (3A) and (3B), bereavement benefit;

(ii) in sub-paragraph (h) (increases in respect of a child or adult dependant) omit “except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish)”,

(b) in paragraph (3A) , after “bereavement payment” insert “within the meaning of section 36 of the Contributions and Benefits Act”, and

(c) after paragraph (3A) insert—

(3B) The time prescribed for claiming a bereavement benefit in respect of the day on which the claimant’s spouse 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.

Section 3 Amendment of Schedule 9 to the Claims and Payments Regulations

(1) Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph 1(1) (interpretation)—

(a) in the definition of “housing costs” omit “and feu duty” in paragraphs (a), (b) and (c),

(b) omit the definition of “income support”, and

(c) in the definition of “specified benefit”—

(i) for paragraph (a) substitute—

(a) income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance—

(i) in a combined payment;

(ii) in part to the beneficiary and in part to another person in accordance with regulation 34; or

(iii) by means of two or more instruments of payment,

income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;

(ii) for paragraph (d) substitute—

(d) state pension credit or, where in respect of any period it is paid together with any retirement pension, incapacity benefit or severe disablement allowance—

(i) in a combined payment;

(ii) in part to the beneficiary and in part to another person in accordance with regulation 34; or

(iii) by means of two or more instruments of payment,

state pension credit and retirement pension, incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule;

(3) In paragraph 4(2A) (miscellaneous accommodation costs: amount in respect of personal expenses) for the amount “£18.10” in each place where it appears substitute the amount “£18.80”.

(4) In paragraph 8(1) (maximum amount of payments to third parties) for “regulation 7 of the Council Tax Regulations and regulation 6 of the Fines Regulations” substitute “regulation 5 of the Council Tax Regulations and regulation 4 of the Fines Regulations ”.

(5) In paragraph 9 (priority as between certain debts)—

(a) in sub-paragraph (1A)(b) for—

regulation 2 of the Community Charges Regulations, regulation 2 of the Community Charges (Scotland) Regulations, regulation 6 of the Fines Regulations and regulation 7 of the Council Tax Regulations

substitute—

regulation 3 of the Community Charges Regulations , regulation 3 of the Community Charges (Scotland) Regulations , regulation 4 of the Fines Regulations and regulation 5 of the Council Tax Regulations

(b) in sub-paragraph (1B)(e) for—

regulation 2 of the Community Charges Regulations (deductions from income support), regulation 2 of the Community Charges (Scotland) Regulations (deductions from income support) or any liability mentioned in regulation 7 of the Council Tax Regulations (deductions from debtor’s income support)

substitute—

regulation 3 of the Community Charges Regulations (deductions from income support etc. ), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.)

(c) in sub-paragraph (1B)(f) for “regulation 6 of the Fines Regulations (deductions from offenders income support)” substitute “regulation 4 of the Fines Regulations (deductions from offender’s income support etc.)”.

Section 4 Amendment of Schedule 9A to the Claims and Payments Regulations

In Schedule 9A to the Claims and Payments Regulations (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) substitute—

(a) income support, or income support and any incapacity benefit or severe disablement allowance where—

(i) either benefit is paid with income support in a combined payment in respect of any period; and

(ii) the income support alone is insufficient for the purpose of this Schedule;

(b) for paragraph (d) substitute—

(d) state pension credit, or state pension credit and any retirement pension, incapacity benefit or severe disablement allowance where—

(i) one of those benefits is paid with state pension credit in a combined payment in respect of any period; and

(ii) the state pension credit alone is insufficient for the purpose of this Schedule;