The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006

• Citation: S.I. 2006/832
• Sections: 7

Section 1 Citation and commencement

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006.

(2) These Regulations shall come into force on 10th April 2006 except for regulation 3 which shall come into force on 24th July 2006.

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

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition of “instrument for benefit payment” .

(3) In regulation 4(6A) (making a claim for benefit)—

(a) after sub-paragraph (b) omit “or”;

(b) at the end of sub-paragraph (c) add “; or”; and

(c) after sub-paragraph (c) add—

(d) who has not attained the qualifying age and who makes a claim for a disability living allowance or a carer’s allowance.

(4) In regulation 6 (date of claim)—

(a) after paragraph (1C) insert—

(1D) Subject to paragraph (1E) and without prejudice to the generality of paragraph (1), 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.

(1E) For the purposes of paragraph (1D), a person who has attained the qualifying age may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B) .

(b) in paragraph (17) omit sub-paragraph (b);

(c) in paragraph (22) for “and (30)” substitute “, (30) and (33)”;

(d) in paragraph (26) for “18(a) and (c), 21(a), 24 and in paragraph 18(b)” substitute “(18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b)”; and

(e) after paragraph (32) add—

(33) Where a person makes a claim for a carer’s allowance within 3 months of a decision made—

(a) on a claim;

(b) on revision or supersession; or

(c) on appeal whether by an appeal tribunal, a Commissioner or the court,

awarding a qualifying benefit to the disabled person, the date of claim is the first day in respect of which that qualifying benefit is payable.

(5) In regulation 6A(2) (claims by persons subject to work-focused interviews) after sub-paragraph (c) add—

(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.

(6) For regulation 20 and its heading (time and manner of payment: general provision) substitute—

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.

(7) Regulation 20A (payment on presentation of an instrument for benefit payment) shall be omitted.

(8) In regulation 21(1) (direct credit transfer) after “person claiming or entitled to it” insert “or person appointed under regulation 33 or specified in regulation 33(1)(c) or (d)”.

(9) In regulation 26 (income support)—

(a) in paragraph (1) (payment) omit “manner in and”; and

(b) omit paragraphs (2) and (3) (amounts paid by a book of serial orders).

(10) In regulation 26B (state pension credit)—

(a) in paragraph (1) for “, where state pension credit is payable in accordance with paragraph (3)(a), to the provisions of regulation 21 (direct credit transfer)” substitute “to regulation 21 where payment is by direct credit transfer”;

(b) omit paragraph (3) (manner of payment);

(c) in paragraph (4) for “in accordance with paragraph (3)(b)” substitute “otherwise than in accordance with regulation 21”; and

(d) omit paragraphs (6) and (7) (amounts paid by a book of serial orders).

(11) In regulation 38(1) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

(a) omit sub-paragraph (aa) (payment by an instrument for benefit payment); and

(b) in sub-paragraph (c) omit “(aa),”.

(12) For regulation 47 and its heading (instruments of payment, etc and instruments for benefit payment) substitute—

Instruments of payment

(47)

(1) Instruments of payment issued by the Secretary of State shall remain his property.

(2) Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.

(13) For the heading to Schedule 7 (manner and time of payment, and commencement of entitlement in income support cases) and paragraph 1 of that Schedule substitute—

TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

(1) Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.

(14) In Schedule 9 (deductions from benefit and direct payment to third parties) in paragraph 4(2A) (miscellaneous accommodation costs) for “£18.80” each time it appears substitute “£19.60”.

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

(1) The Social Security (Claims and Payments) Regulations 1987 are further amended as follows.

(2) In regulation 4D (making a claim for state pension credit)—

(a) in paragraph (3) omit “by telephone to, or”;

(b) in paragraph (6) omit “or by telephone”;

(c) after paragraph (6) insert—

(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.

(6B) Where the Secretary of State, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State, a claim made by telephone is not a valid claim unless the person complies with the direction.

(6C) A claim made by telephone in accordance with paragraph (6A) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.

(6D) Where a claim made by telephone in accordance with paragraph (6A) is defective, the Secretary of State is to provide the person making it with an opportunity to correct the defect.

(6E) If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State last drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.

(d) in paragraph (12) for “Paragraph (11) does” substitute “Paragraphs (6E) and (11) do”.

(3) In regulation 4F(2) (making a claim after attaining the qualifying age: date of claim)—

(a) in sub-paragraph (b) after “4D(3)” insert “or (6A)”; and

(b) in sub-paragraph (c) for “4D(11)” substitute “4D(6E) or (11)”.

(4) In regulation 5(1) (amendment and withdrawal of claim) after “regulation 4(11)” insert “or 4D(6A)”.

Section 4 Amendment of the Jobseeker’s Allowance Regulations 1996

In regulation 24(7) of the Jobseeker’s Allowance Regulations 1996 (provision of information and evidence) for “in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) to the appropriate office” substitute—

of the change to an office of the Department for Work and Pensions specified by the Secretary of State—

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

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)

Section 5 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows.

(2) In regulation 3 (revision of decisions)—

(a) in paragraph (7B) after “successful” add “or lapses”;

(b) in paragraph (7C)—

(i) after “incapable of work and” insert “the decision which embodies that determination is revised or”; and

(ii) for “that embodies” substitute “which embodies”; and

(c) after paragraph (7E) insert—

(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.

(3) In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a) in paragraph (2)(c) —

(i) omit head (iii); and

(ii) after head (ii) add—

(iv) in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of the change; or

(v) in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.

(b) for paragraph (7) substitute—

(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a) subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or

(b) where the claimant or his partner—

(i) is not a severely disabled person for the purposes of section 135(5) of the Contributions and Benefits Act (the applicable amount) or section 2(7) of the State Pension Credit Act (guarantee credit)

(ii) by virtue of his having—

(aa) a non-dependant as defined by regulation 3 of the Income Support Regulations; or

(bb) a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

at the date the superseded decision would, but for this sub-paragraph, have had effect,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.

(4) In Schedule 3B (date on which change of circumstances takes effect where claimant entitled to state pension credit) after paragraph 6 add—

(7) Where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b).

(8) The following are superseding decisions for the purposes of paragraph 7—

(a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (m); and

(b) a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (29C).

Section 6 Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001

In regulation 3(1) of the Social Security (Notification of Change of Circumstances) Regulations 2001 (changes affecting jobseeker’s allowance)—

(a) omit “or sent”;

(b) omit “in writing (except where he determines in any particular case that he will accept notice other than in writing)”; and

(c) after “1996” add—

(a) 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

(b) 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).

Section 7 Revocations

The following regulations, which provide for instruments for benefit payment, shall be revoked—

(a) the Social Security (Claims and Payments) Amendment (No. 4) Regulations 1994 ; and

(b) regulations 2(2), (5) to (8), 4 and 5 of the Social Security (Claims and Payments Etc.) Amendment Regulations 1996 .