The Social Security (Claims and Payments) Regulations 1987

Date of claimE+W+S

6.—(1) [F1Subject to the following provisions of this regulation,] [F2or regulation 6A (claims by persons subject to work-focused interviews)] the date on which a claim is made shall be–

(a)in the case of a claim which meets the requirements of regulation 4(1), the date on which it is received in an appropriate office;

[F3(aa)in the case of a claim for—

• F4[F5... ];

• F4[F6... ];

• jobseeker’s allowance if first notification is received before 6th October 1997; or

• income support if first notification is received before 6th October 1997;

which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5), whichever is the later of—

(i)the date on which that notification is received; and

(ii)the first date on which that claim could have been made in accordance with these Regulations;]

(b)in the case of a claim which does not meet the requirements of regulation 4(1) but which is treated, under regulation 4(7) as having been [F7properly] made, the date on which the claim was received in an appropriate office in the first instance.

[F8(c)in the case of a claim made by telephone in accordance with [F9regulation 4(11) or (11A)], the date [F10the claim is properly completed];

(d)in the case of a claim made by telephone which is defective but which is treated, under [F114(13)(a) as having been properly] made, the date of that telephone call.]

[F12(1ZA) In the case of a claim made in accordance with regulation 4(6B)—

(a)paragraph (1) shall apply in relation to a claim received at an office specified in that regulation as it applies in relation to a claim received at an appropriate office; and

(b)paragraph (1A) shall apply in relation to an office specified in that regulation as it applies in relation to an appropriate office.]

[F13(1A) In the case of a claim for income support—

(a)subject to the following sub-paragraphs, the date on which a claim is made shall be the date on which a properly completed claim is received in an appropriate office [F14or a claim made by telephone is properly completed] or the first day in respect of which the claim is made if later;

(b)where a properly completed claim is received in an appropriate office [F14or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date on which that notification is [F15made or is] deemed to be made or the first day in respect of which the claim is made if later;

(c)a notification of intention to make a claim will be deemed to be made on the date when an appropriate office receives—

(i)a notification in accordance with regulation 4(5); or

(ii)a defective claim.]

[F16(1B) Subject to paragraph (1C), in the case of a claim for working families' tax credit or disabled person’s tax credit which meets the requirements of regulation 4(1) and which is received in an appropriate office within one month of first notification in accordance with regulation 4(5)—

(a)where the claimant is entitled to that credit on the date on which that notification is received (“the notification date”) and the first day of the period in respect of which that claim is made is on or before the notification date, the date on which a claim is made shall be the notification date; or

(b)where the claimant is not entitled to that credit on the notification date but becomes so entitled before the date on which the claim is received, the date on which a claim is made shall be—

(i)the date on which the claimant becomes so entitled, or

(ii)if later, the first day of the period in respect of which the claim is made provided that it is not later than the date on which the claim is received.

(1C) Paragraph (1B) shall not apply in the case of a claim which is received in an appropriate office—

(a)in the case of working families' tax credit, within the period specified opposite that credit at paragraphs (a) or (aa) in column (2) of Schedule 4; or

(b)in the case of disabled person’s tax credit, within the period specified opposite that credit in paragraphs (a) or (b) in column (2) of Schedule 4.]

[F17unless the previous award of working families' tax credit or disabled person’s tax credit was terminated by virtue of regulation 49ZA of the Family Credit (General) Regulations 1987 or regulation 54A of the Disability Working Allowance (General) Regulations 1991.]

[F18(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 F19... may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B).]

[F20[F21(1F) In the case of a claim for an employment and support allowance, the date on which the claim is made or treated as made shall be the first date on which—

(a)a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3);

(b)a defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 4G(5) in the case of a telephone claim, or 4H(7) in the case of a written claim; or

(c)the Secretary of State is notified of an intention to claim and within one month or such longer period as the Secretary of State considers reasonable of first notification, a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4H(3),

or the first day in respect of which the claim is made, if later.]]

[F22(1G) In paragraph (1F) “properly completed” has the meaning assigned by regulation 4(8) in the case of a written claim and 4(12) in the case of a telephone claim.]

F23(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(3) In the case of a claim for income support, [F25working families' tax credit] [F26, [F27disabled persons' tax credit]] [F28or jobseeker’s allowance] F29..., where the time for claiming is extended under regulation 19 the claim shall be treated as made on the first day of the period in respect of which the claim is, by reason of the operation of that regulation, timeously made.

(4) Paragraph (3) shall not apply when the time for claiming income support[F30, [F25working families' tax credit]][F31, [F27disabled persons' tax credit] or jobseeker’s allowance] has been extended under regulation 19 and the failure to claim within the prescribed time for the purposes of that regulation is for the reason only that the claim has been sent by post.]

[F32(4ZA) Where a member of a joint-claim couple notifies the employment officer (by whatever means) that he wishes to claim a jobseeker’s allowance jointly with the other member of that couple, the claim shall be treated as made on the relevant date specified in accordance with paragraphs (4ZB) to (4ZD).

(4ZB) Where each member of a joint-claim couple is required to attend under regulation 4(6)(a)—

(a)if each member subsequently attends for the purpose of jointly claiming a jobseeker’s allowance at the time and place specified by the employment officer and complies with the requirements of paragraph (4AA)(a), the claim shall be treated as made on whichever is the later of the first notification of intention to make that claim and the first day in respect of which the claim is made;

(b)if, without good cause, either member fails to attend for the purpose of jointly claiming a jobseeker’s allowance at either the time or place so specified or does not comply with the requirements of paragraph (4AA)(a), the claim shall be treated as made on the first day on which a member of the couple attends at the specified place and complies with the requirements of paragraph (4AA)(a).

(4ZC) Where only one member of the couple is required to attend under regulation 4(6)(a)—

(a)subject to the following sub-paragraphs, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office [F33or a claim made by telephone is properly completed] or the first day in respect of which the claim is made, if later, provided the member of the couple who is required to attend under regulation 4(6)(a) does so attend;

(b)where a properly completed form is received in an appropriate office [F33or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification;

(c)if, without good cause, the member of the couple who is required to attend under regulation 4(6)(a) fails to attend for the purpose of making a claim at either the time or place so specified or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which that member does attend at that place and does provide a properly completed claim.

(4ZD) Where, as at the day on which a member of a joint-claim couple (“the first member”) notifies the employment officer in accordance with paragraph (4ZA), the other member of that couple is temporarily absent from Great Britain in the circumstances specified in regulation 50(6B) of the Jobseeker’s Allowance Regulations, the date on which the claim is made shall be the relevant date specified in paragraph (4ZB) or (4ZC) but nothing in this paragraph shall treat the claim as having been made on a day which is more than three months after the day on which the first member notified the employment officer in accordance with paragraph (4ZA).]

[F34[F35(4A) Where a person [F36who is not a member of a joint-claim couple] notifies the [F37employment officer] (by whatever means) that he wishes to claim a jobseeker’s allowance—

(a)if he is required to attend under regulation 4(6)(a)—

(i)if he subsequently attends for the purpose of making a claim for that benefit at the time and place specified by the [F37employment officer] and complies with the requirements of paragraph (4AA)[F38(b)], the claim shall be treated as made on whichever is the later of first notification of intention to make that claim and the first day in respect of which the claim is made;

(ii)if, without good cause, he fails to attend for the purpose of making a claim for that benefit at either the time or place so specified, or does not comply with the requirements of paragraph (4AA)[F38(b)], the claim shall be treated as made on the first day on which he does attend at that place and does provide a properly completed claim;

(b)if under regulation 4(6)(a) the [F37employment officer] directs that he is not required to attend—

(i)subject to the following sub-paragraph, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office [F39or a claim made by telephone is properly completed] or the first day in respect of which the claim is made if later;

(ii)where a properly completed claim is received in an appropriate office [F39or a claim made by telephone is properly completed] within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification.

(4AA) [F40Unless the Secretary of State otherwise directs, a properly completed claim form shall be provided [F41or made]—

(a)in a case to which paragraph (4ZA) applies, at or before the time when a member of the joint-claim couple is first required to attend for the purpose of making a claim for a jobseeker’s allowance;

(b)in any other case, at or before the time when the person making the claim for a jobseeker’s allowance is required to attend for the purpose of making a claim.]

(4AB) The Secretary of State may direct that the time for providing [F42or making] a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.]

(4B) Where a person’s entitlement to a jobseeker’s allowance has ceased in any of the circumstances specified in regulation 25(1)(a), (b) or (c) of the Jobseeker’s Allowance Regulations (entitlement ceasing on a failure to comply) and—

(a)where he had normally been required to attend in person, he shows that the failure to comply which caused the cessation of his previous entitlement was due to any of the circumstances mentioned in regulation 30(c) or (d) of those Regulations, and no later than the day immediately following the date when those circumstances cease to apply he makes a further claim for jobseeker’s allowance; or

(b)where he had not normally been required to attend in person, he shows that he did not receive the notice to attend and he immediately makes a further claim for jobseeker’s allowance,

that further claim shall be treated as having been made on the day following that cessation of entitlement.

(4C) Where a person’s entitlement to a jobseeker’s allowance ceases in the circumstances specified in regulation 25(1)(b) of the Jobseeker’s Allowance Regulations (failure to attend at time specified) and that person makes a further claim for that allowance on the day on which he failed to attend at the time specified, that claim shall be treated as having been made on the following day.]

F43[F44(4D)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45(5) Where a person submits a claim for attendance allowance [F46or disability living allowance or a request under paragraph (8)] by post and the arrival of that [F47claim or request] at an appropriate office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the [F47claim or request] shall be treated as received on the day on which it would have been received if it had been delivered in the ordinary course of post.]

[F48(6) Where—

(a)on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 1987 been £6,000; and

(b)a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;

the claim shall be treated as made on the date [F49not later than 5th December 1990] determined in accordance with paragraph (7).

(7) For the purpose of paragraph (6), where—

(a)the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;

(b)the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.]

[F50(8) [F51Subject to [F52paragraphs (8A) and (8B)]] where–

(a)a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and

(b)in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and

(c)within the time specified the claim form properly completed is received in an appropriate office,

the date on which the claim is made shall be the date on which the request was received in the appropriate office.

[F53(8A) Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.]

[F54(8B) In the case of a claim for disability living allowance or attendance allowance made in accordance with regulation 4(6B), paragraphs (8) and (8A) shall apply in relation to an office specified in that regulation as they apply in relation to an appropriate office.]

(9) [F55In paragraphs (8) and (8A)]–

“a claim form” means a form approved by the Secretary of State under regulation 4(1);

“properly completed” has the meaning assigned by regulation 4(8);

“the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.]

[F56(10) Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for [F57disabled persons' tax credit] in that week the claim shall be treated as made on the Tuesday of that week.

F58(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F59(12) F60... where a person has claimed [F61disabled persons' tax credit] and that claim (“the original claim”) has been refused, and a further claim is made in the circumstances specified in paragraph (13), that further claim shall be treated as made—

(a)on the date of the original claim; or

(b)on the first date in respect of which the qualifying benefit was payable,

whichever is the later.

(13) The circumstances referred to in paragraph (12) are that—

(a)the original claim was refused on the ground that the claimant did not qualify under section 129(2) of the Contributions and Benefits Act;

(b)at the date of the original claim the claimant had made a claim for a qualifying benefit and that claim had not been determined;

(c)after the original claim had been determined, the claim for the qualifying benefit was determined in the claimant’s favour; and

(d)the further claim for [F61disabled persons' tax credit] was made within three months of the date that the claim for the qualifying benefit was determined.

F62(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) In paragraphs (12) and (13) “qualifying benefit” means any of the benefits referred to in section 129(2) of the Contributions and Benefits Act.

[F63(15A) Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19 (time for claiming benefit.]

[F64(16) Where a person has claimed a relevant benefit and that claim (“the original claim") has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made—

(a)on the date of the original claim; or

(b)on the first date in respect of which the qualifying benefit was [F65awarded],

whichever is the later.]

[F64(17) The circumstances referred to in paragraph (16) are that the ground for refusal was—

(a)in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;

F66(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any case, that the claimant [F67, a member of his family or the disabled person] had not been awarded a qualifying benefit.]

[F64(18) The additional circumstances referred to in paragraph (16) are that—

(a)[F68a claim for the qualifying benefit was made not later than 10 working days after the date of the original claim and the claim for the qualifying benefit had not been decided;]

(b)[F68after the original claim had been decided the claim for the qualifying benefit had been decided in favour of the claimant, a member of his family or the disabled person; and]

(c)the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.]

[F64(19) Where a person has been awarded a relevant benefit and that award ("[F69original award”) has been terminated or reduced or payment under that award ceases in the circumstances] specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made—

(a)on the date of termination of the original award; or

(b)on the first date in respect of which the qualifying benefit [F70is [F71awarded or] [F72re-awarded or becomes payable again]] ,

whichever is the later.]

[F64(20)] [F73The circumstances referred to in paragraph (19) are—

(a)that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal [F74, determination of entitlement] or termination of an award for a fixed period in such a way as to affect the original award; F75...

(b)at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided; [F76or]]

[F77(c)that the qualifying benefit has ceased to be payable in accordance with—

(i)regulation 6(1) of the Social Security (Attendance Allowance) Regulations 1991 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, F78...

(ii)regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 or regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 because the claimant is resident in certain accommodation other than a hospital]

[F79(iii)regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 because the claimant is resident in a care home, or]

[F79(iv)regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component), or as the case may be, regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 because the claimant is, respectively, a resident of a care home or undergoing treatment in a hospital.]

[F64(21) [F80Subject to paragraph (21A), the additional] circumstances referred to in paragraph (19) are that—

(a)after the original award has been terminated the claim for the qualifying benefit is decided in [F81favour of the claimant, a member of his family or the disabled person]; [F80or]

(b)[F82the qualifying benefit is re-awarded following revision, supersession [F83, determination of entitlement] or appeal; or]

[F82(c)the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or]

[F82(d)the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and]

[F82the further claim [F84for a relevant benefit] referred to in paragraph (19), is made within three months of the date [F85of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied].]]

[F86(21A) Paragraph (21) applies whether the benefit is re-awarded [F87or the subject of a determination of entitlement] when the further claim is decided or following a revision of, or an appeal against, such a decision.]

[F64(22) In paragraphs (16) to (21) [F88[F89, (30) and (33)]]—

“relevant benefit" means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;

(b)income support;

(c)a jobseeker’s allowance;

(d)a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(e)child benefit;

[F90(f)state pension credit]

“qualifying benefit" means—

(a)in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;

(b)in relation to invalid care allowance [F91or carer’s allowance, as the case may be,] any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;

(c)in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in [F92regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005];

(d)any other relevant benefit [F93or Scottish disability benefit] which[F94, when it is awarded or re-awarded,] has the effect of making another relevant benefit payable or payable at an increased rate;

“the disabled person" means the person for whom the invalid care allowance [F95or carer’s allowance, as the case may be,] claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.

[F96“family” has the same meaning as in section 137(1) of the Contributions and Benefits Act or, as the case may be, section 35(1) of the Jobseekers Act[F97, and in the case of state pension credit “member of his family” means the other member of a couple where the claimant is a member of a F98... couple].]]

[F64(23) Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made—

(a)on the date on which entitlement to incapacity benefit ceased; or

(b)on the first date in respect of which the qualifying benefit was payable,

whichever is the later.]

[F64(24) The circumstances referred to in paragraph (23) are that—

(a)entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;

(b)at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;

(c)after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and

(d)the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.]

[F64(25) In paragraphs (23) and (24) “qualifying benefit" means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995.]

[F64(26) In paragraphs [F99(18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b)] where the word appears for the second time, “decided" includes [F100a determination of entitlement and] the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, [F101the First-tier Tribunal, the Upper Tribunal] or the court.]

(27) Where a claim is made for [F102working families' tax credit] or [F103disabled persons' tax credit] , and—

(a)the claimant had previously made a claim for income support or jobseeker’s allowance (“the original claim”);

(b)the original claim was refused on the ground that the claimant or his partner was in remunerative work; and

(c)the claim for [F102working families' tax credit] or [F103disabled persons' tax credit] was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.

(28) Where a claim is made for income support or jobseeker’s allowance, and—

(a)the claimant had previously made a claim for [F104working tax credit] (“the original claim”);

(b)the original claim was refused on the ground that the claimant or his partner was not in remunerative work [F105for the purposes of that tax credit]; and

(c)the claim for income support or jobseeker’s allowance was made within 14 days of the date that the original claim was determined,

that claim shall be treated as made on the date of the original claim, or, if the claimant so requests, on a later date specified by the claimant.]

[F106(29) In the case of a claim for an increase of severe disablement allowance or of invalid care allowance [F107or carer’s allowance, as the case may be,] in respect of a child or adult dependant, [F108paragraphs (16) and (19)] shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance [F107or carer’s allowance, as the case may be,].]

[F109(30) Where—

(a)a claimant was awarded income support or income-based jobseeker’s allowance (“the original award”);

(b)the original award was terminated and F110... the claimant, a member of his family or the disabled person claimed a qualifying benefit; and

(c)the claimant makes a further claim for income support or income-based jobseeker’s allowance within 3 months of the date on which the claim for the qualifying benefit was decided,

the further claim shall be treated as made on the date of termination of the original award or the first date in respect of which the qualifying benefit is awarded, whichever is the later.]

[F111(31) Subject to paragraph (32), where—

(a)a person—

(i)has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or

(ii)has attained pensionable age and has a spouse [F112or civil partner] who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;

(b)in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001, (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse [F113or civil partner];

(c)in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(d)the person claims a Category A or, as the case may be, a Category B retirement pension,

the claim shall be treated as made on—

(i)1^st October 1998; or

(ii)the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse [F114or civil partner] attained pensionable age,

whichever is later.

(32) Paragraph (31) shall not apply where—

(a)the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or

(b)the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),

nor where sub-paragraph (a) and (b) both apply.]

[F115(33) [F116Subject to paragraph (34), where] a person makes a claim for a carer’s allowance [F117or for an increase in carer’s allowance in respect of an adult or child dependant] within 3 months of a decision made—

(a)on a claim;

(b)on revision [F118, determination of entitlement] or supersession; or

(c)on appeal whether by [F119the First-tier Tribunal, the Upper Tribunal] or the court,

awarding a qualifying benefit to the disabled person, the date of claim [F120shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable].]

[F121[F122(34)] Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of qualifying benefit became payable.]

[F123(35) A claim for attendance allowance or the care component of disability living allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

(a)on or after 8th March 2001, the claimant had an award of that benefit;

(b)the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Great Britain to an EEA state or Switzerland;

(c)that superseding decision was confirmed on appeal; and

(d)the claimant has not received an extra-statutory payment in respect of the benefit being claimed.

(36) A claim for carer’s allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where—

(a)on or after 8th March 2001, the claimant had an award of that benefit;

(b)the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of—

(i)the claimant’s moving from Great Britain to an EEA state or Switzerland; or

(ii)the claimant no longer caring for a severely disabled person, as defined in section 70(2) of the Contributions and Benefits Act, because that person’s award of attendance allowance or the care component of disability living allowance had ended, or would end, by virtue of a superseding decision made on the ground of that person’s moving from Great Britain to an EEA state or Switzerland; and

(c)the claimant has not received an extra-statutory payment in respect of that allowance.

(37) In paragraphs (35)(d) and (36)(c), “extra-statutory payment” means a payment made by the Secretary of State, in respect of attendance allowance, the care component of disability living allowance or carer’s allowance which, but for the superseding decision referred to in paragraph (35)(b) or, as the case may be, (36)(b), would have been payable from 18th October 2007.]

[F124(38) In this regulation—

(a)“determination of entitlement” has the meaning given in section 25 of the Social Security (Scotland) Act 2018;

(b)“Scottish disability benefit” means, as the context requires, either of the following benefits—

(i)adult disability payment within the meaning of regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; and

(ii)child disability payment within the meaning of regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021.]