PART IE+W+SGENERAL

Citation[F2, commencement and application] E+W+S

F21.—[F3(1)] These Regulations may be cited as the Social Security (Claims and Payments) Regulations 1987 and shall come into operation on 11th April 1988.

[F4(2) In so far as these Regulations apply to—

(a)an employment and support allowance, they apply to that allowance under Part 1 of the Welfare Reform Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-related allowance;

(b)a jobseeker's allowance, they apply to that allowance under the Jobseekers Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance.

(3) These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).]

InterpretationE+W+S

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

F5[F6...]

[F7“the 1992 Act” means the Social Security Administration Act 1992;]

[F8“the 2000 Act” means the Electronic Communications Act 2000;]

[F9“the 2002 Act” means the State Pension Credit Act 2002;]

[F10“the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;]

[F11“the 2018 Scotland Act” means the Social Security (Scotland) Act 2018;]

[F9“advance period” means the period specified in regulation 4E(2);]

[F12“appropriate office” means an office of the Department for Work and Pensions and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Secretary of State for that purpose.]

F13[F14...]

[F15“bereavement benefit” means—

[F15“bereavement support payment” means bereavement support payment under section 30 of the Pensions Act 2014;]

[F16“the Board” means the Commissioners of Inland Revenue; and references to “the Board” in these Regulations have effect only with respect to working families' tax credit and disabled person’s tax credit;]

[F17“claim for asylum” has the same meaning as in the Asylum and Immigration Appeals Act 1993;]

“claim for benefit” includes–

[F22“Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;]

F23[F24“couple” means—

[F26“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;]

[F27“disabled person’s tax credit” and “working families' tax credit” shall be construed in accordance with section 1(1) of the Tax Credits Act 1999;.]

[F28“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;]

[F29“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

[F30“guarantee credit” is to be construed in accordance with sections 1 and 2 of the 2002 Act;]

F31[F32...]

[F33“the Jobseekers Act” means the Jobseekers Act 1995;]

F34[F33...; ]

[F33“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996;]

[F35“joint-claim couple” and “joint-claim jobseeker’s allowance” have the same meaning in these Regulations as they have in the Jobseekers Act by virtue of section 1(4) of that Act;]

[F36“limited capability for work” has the same meaning as in section 1(4) of the Welfare Reform Act]

“long-term benefits” means any retirement pension, [F37a shared additional pension,] a widowed mother's allowance, a widow's pension, [F38widowed parent’s allowance, F39...] attendance allowance, [F40disability living allowance], [F41carer’s allowance], F42... any pension or allowance for industrial injury or disease and any increase in any such benefit;

F43...

“partner” means one of [F44a couple];

[F45“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;]

F46...

[F45“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 in respect of employed earners and in the case of self-employed earners, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988;]

[F47“qualifying age” has the same meaning as in the 2002 Act by virtue of section 1(6) of that Act;]

[F17“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;]

[F48“relevant authority” means a person within section 72(2) of the Welfare Reform and Pensions Act 1999;]

[F45“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;]

[F49“shared additional pension” means a shared additional pension under section 55A [F50or 55AA] of the Contributions and Benefits Act;]

[F51“social fund funeral payment” means a funeral payment within the meaning of regulation 7(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005[F52, including social fund payments made under The Social Fund (Children’s Funeral Fund for England) Regulations 2019];]

[F53“state pension credit” means state pension credit under the 2002 Act;]

[F53“State Pension Credit Regulations” means the State Pension Credit Regulations 2002;]

[F54“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]

F43...

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

[F55“the Welfare Reform Act” means the Welfare Reform Act 2007;]

[F22“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;]

[F56“working age benefit” means any of the following—

(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 M4, child benefit under Part I of the Child Benefit Act 1975 M5, income support[F58, state pension credit][F59,[F60working families' tax credit] and [F61disabled persons' tax credit]] under the Social Security Act 1986 and any social fund payments such as are mentioned in section 32(2)(a) [F62and section 32(2A)] of that Act[F63, state pension under Part 1 of the Pensions Act 2014] [F64and a jobseeker’s allowance under Part I of the Jobseekers Act][F65, a shared additional pension[F66, bereavement support payment] or an employment and support allowance under Part 1 of the Welfare Reform Act].

[F67(2A) References in regulations 20, 21 (except paragraphs (3) and (3A)), 29, 30, 32 to 34, 37 (except paragraph (1A)), 37A, 37AA (except paragraph (3)), 37AB, 37B, 38 and 47 to “benefit”, “income support” or “a jobseeker’s allowance”, include a reference to a back to work bonus which, by virtue of regulation 25 of the Social Security (Back to Work Bonus) Regulations 1996, is to be treated as payable as income support or, as the case may be, as a jobseeker’s allowance.]

(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 F68....

[F69(4) In these Regulations, references to “beneficiary” include any person entitled to state pension credit.]

PART IIE+W+SCLAIMS

Claims not required for entitlement to benefit in certain casesE+W+S

3.—[F70(1)] It shall not be a condition of entitlement to benefit that a claim be made for it in the following cases:–

[F71(za)in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;]

(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; [F72or]

[F73(iv)widowed parent’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;

[F74(ca)in the case of a Category A retirement pension where the beneficiary—

(i)is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii)becomes divorced or the beneficiary’s civil partnership is dissolved;]

[F75(cb)in the case of a Category B retirement pension where the beneficiary is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both and

(i)the spouse or civil partner of the beneficiary becomes entitled to a Category A retirement pension [F76or a state pension under section 4 of the Pensions Act 2014]; or

(ii)the beneficiary marries or enters into a civil partnership with a person who is entitled to a Category A retirement pension [F77or a state pension under section 4 of the Pensions Act 2014];] [F78or]

[F78(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension [F79or a state pension under section 4 of the Pensions Act 2014] at the date of death;]

(d)in the case of a Category A or B retirement pension [F80or a state pension under Part 1 of the Pensions Act 2014]–

(i)where the beneficiary is a woman [F81who has reached pensionable age and is] entitled to a widowed mother's allowance F82..., on her ceasing to be so entitled; F83...

F83(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85(e)in the case of retirement allowance.]

F86(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F87(g)in the case of a jobseeker’s allowance where–

(i)payment of benefit has been suspended in the circumstance prescribed in regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; and

(ii)the claimant whose benefit has been suspended satisfies the conditions of entitlement (apart from the requirement to claim) to that benefit immediately before the suspension ends;]

[F88(h)in the case of income support where the beneficiary—

(i)is a person to whom regulation F89... [F906(5)] of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies;

(ii)was in receipt of an income-based jobseeker’s allowance [F91or an income-related employment and support allowance] on the day before the day on which he was first engaged in the work referred to in sub-paragraph (a) of [F92those paragraphs]; and

(iii)would satisfy the conditions of entitlement to income support (apart from the condition of making a claim which would apply in the absence of this paragraph) only by virtue of F93... [F94regulation 6(6)] of those Regulations.]

[F95(i)in the case of a shared additional pension where the beneficiary is in receipt of a retirement pension of any category.]

[F96(j)in the case of an employment and support allowance where—

(i)the beneficiary has made and is pursuing an appeal against a relevant decision of the Secretary of State, and

(ii)that appeal relates to a decision to terminate or not to award a benefit for which a claim was made.]

[F97(ja)in the case of a state pension under any section of Part 1 of the Pensions Act 2014 where the beneficiary is entitled to—

(i)a state pension under a different section of Part 1 of that Act; or

(ii)another state pension under the same section of Part 1 of that Act.]

[F98(2) In this regulation—

“appellate authority” means the First-tier Tribunal, the Upper Tribunal, the Court of Appeal, the Court of Session, or the Supreme Court; and

“relevant decision” means—

[F99Notification that claim not required for entitlement to a Category A or B retirement pensionE+W+S

3A.—(1) Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Secretary of State that no claim is required for a Category A or B retirement pension.

(2) The day referred to in paragraph (1) is—

(a)the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or

(b)such later day as the Secretary of State may consider reasonable in any particular case or class of case.

(3) The Secretary of State may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary—

(a)is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the legislation listed in paragraph (7); and

(b)is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit.

(4) Receipt of a written notification under paragraph (1) does not affect the requirement that a beneficiary who—

(a)before reaching pensionable age, informs the Secretary of State that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act; or

(b)after reaching pensionable age, elects to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979,

must make a claim in order subsequently to be entitled to a Category A or B retirement pension.

(5) For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who—

(a)has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and

(b)has not yet received the first payment of that benefit.

(6) For the purposes of this regulation—

“exempt benefit” means any of the following—

“non-exempt benefit” means any of the following—

(7) The legislation referred to in paragraph (3)(a) is—

(a)section 19 of the Jobseekers Act(circumstances in which a jobseeker’s allowance is not payable);

(b)section 20A of that Act(denial or reduction of joint-claim jobseeker’s allowance);

(c)regulations made by virtue of any of the following provisions of the Jobseekers Act—

(i)section 8(2)(a)(attendance, information and evidence);

(ii)section 17A(5)(d)(schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.);

(iii)paragraph 7(1)(a) of Schedule A1(persons dependent on drugs etc.);

[F101(ca)any provision of the Social Security Fraud Act 2001 and regulations made by virtue of any such provision;]

(d)regulation 18 of the Social Security (Incapacity for Work) (General) Regulations 1995 disqualification for misconduct etc.); and

(e)regulation 157 of the Employment and Support Allowance Regulations (disqualification for misconduct etc.).]

Making a claim for benefitE+W+S

4.—(1) [F102Subject to [F103paragraphs (10) to (11B),] every] claim for benefit [F104other than a claim for income support or jobseeker’s allowance] shall be made in writing on a form approved by the Secretary of State [F105or the Board] [F106for the purpose of the benefit for which the claim is made], or in such other manner, being in writing, as the Secretary of State [F105or the Board] may accept as sufficient in the circumstances of any particular case.

[F107(1A) [F108Subject to paragraph (11A), in the case of] of a claim for income support or jobseeker’s allowance, the claim shall—

(a)be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made;

(b)unless any of the reasons specified in paragraph (1B) applies, be made in accordance with the instructions on the form; and

(c)unless any of the reasons specified in paragraph (1B) applies, include such information and evidence as the form may require in connection with the claim.

(1B) The reasons referred to in paragraph (1A) are—

(a)[F109subject to paragraph (1BA),]

(i)the person making the claim is unable to complete the form in accordance with the instructions or to obtain the information or evidence it requires because he has a physical, learning, mental or communication difficulty; and

(ii)it is not reasonably practicable for the claimant to obtain assistance from another person to complete the form or obtain the information or evidence;

• or

(b)the information or evidence required by the form does not exist;

or

(c)the information or evidence required by the form can only be obtained at serious risk of physical or mental harm to the claimant, and it is not reasonably practicable for the claimant to obtain the information or evidence by other means;

• or

(d)the information or evidence required by the form can only be obtained from a third party, and it is not reasonably practicable for the claimant to obtain such information or evidence from such third party;

• or

(e)the Secretary of State is of the opinion that the person making the claim [F110or, in the case of a claim for a jobseeker’s allowance by a joint-claim couple, either member of that couple,] has provided sufficient information or evidence to show that he is not entitled to the benefit for which the claim is made, and that it would be inappropriate to require the form to be completed or further information or evidence to be supplied.

[F111(1BA) In the case of a joint-claim couple claiming a jobseeker’s allowance jointly, paragraph (1B)(a) shall not apply to the extent that it is reasonably practicable for a member of a joint-claim couple to whom that sub-paragraph applies to obtain assistance from the other member of that couple.]

(1C) If a person making a claim is unable to complete the claim form or supply the evidence or information it requires because one of the reasons specified in sub-paragraphs (a) to (d) of paragraph (1B) applies, he may so notify an appropriate office by whatever means.]

[F112(1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b), there shall be disregarded any period commencing on a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part.]

[F113(2) In the case of a claim for working families' tax credit, where a married or unmarried couple is included in the family, the claim shall be made by whichever partner they agree should so claim.]

[F113(2A) Where, in a case to which paragraph (2) applies, the partners are unable to agree which of them should make the claim, the Board may in their discretion determine that the claim shall be made by the partner who, on the information available to the Board at the time of their determination, is in their opinion mainly caring for the children.]

(3) [F114Subject to paragraph (3C),] in the case of [F115a couple], a claim for income support shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine.

[F116(3A) In the case of a married or unmarried couple where both partners satisfy the conditions set out in [F117section 129(1) of the Social Security Contributions and Benefits Act 1992], a claim for [F118disabled persons' tax credit] shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the [F119Board] shall determine.]

[F120(3B) For the purposes of income-based jobseeker’s allowance—

(a)in the case of [F121a couple], a claim shall be made by whichever partner they agree should so claim or, in default of agreement, by such one of them as the Secretary of State shall in his discretion determine;

[F122(b)where there is no entitlement to a contribution-based jobseeker’s allowance on a claim made—

(i)by a member of a joint-claim couple, he subsequently claims a joint-claim jobseeker’s allowance with the other member of that couple, the claim made by the couple shall be treated as having been made on the date on which the member of that couple made the claim for a jobseeker’s allowance in respect of which there was no entitlement to contribution-based jobseeker’s allowance;

(ii)by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim;]

(c)where entitlement to income-based jobseeker’s allowance arises on the expiry of entitlement to contribution-based jobseeker’s allowance consequent on a claim made by one partner and the other partner then makes a claim—

(i)the claim of the first partner shall be terminated; and

(ii)the claim of the second partner shall be treated as having been made on the day after the entitlement to contribution-based jobseeker’s allowance expired.]

F123(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where one of [F124a couple] is entitled to income support under an award and, with his agreement, his partner claims income support that entitlement shall terminate on the day before that claim is made or treated as made.

[F125(5) Where a person who wishes to make a claim for benefit and who has not been supplied with an approved form of claim notifies an appropriate office (by whatever means) of his intention to make a claim, he[F126, or if he is a member of a joint-claim couple, either member of that couple] shall be supplied, without charge, with such form of claim by such person as the Secretary of State [F127or the Board] may appoint or authorise for that purpose.]

[F128(6) [F129Subject to paragraphs (6A) to (6D),] a person wishing to make a claim for benefit shall—

(a)if it is a claim for a jobseeker’s allowance, unless the [F130employment officer] otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the [F130employment officer] may specify in his case in a [F131notification under regulation 23 or 23A] of the Jobseeker’s Allowance Regulations;

(b)if it is a claim for any other benefit, deliver or send the claim to an appropriate office.]

[F132(6A) [F133This paragraph applies to a person]—

(a)who has attained the qualifying age and makes a claim for—

(i)an attendance allowance, [F134widowed parent’s allowance], a carer’s allowance, a disability living allowance or incapacity benefit; or

(ii)a retirement pension of any category[F135, a state pension under Part 1 of the Pensions Act 2014] [F136or a shared additional pension] for which a claim is required or a winter fuel payment for which a claim is required under regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations 2000 ;

(b)who has not yet attained the qualifying age and makes a claim for a retirement pension[F137, a state pension under Part 1 of the Pensions Act 2014] [F138or a shared additional pension] in advance in accordance with regulation 15(1); F139...

[F140(c)who makes a claim for income support; or]

[F141(d)who has not attained the qualifying age and who makes a claim for a carer's allowance, disability living allowance[F142, incapacity benefit or an employment and support allowance].]

(6B) A person to whom paragraph (6A) applies may make a claim by sending or delivering it to, or by making it in person at—

(a)an office designated by the Secretary of State for accepting such claims; or

[F143(b)the offices of—

(i)a local authority administering housing benefit F144...,

(ii)a county council in England,

(iii)a person providing services to a person mentioned in head (i) or (ii),

(iv)a person authorised to exercise any function of a local authority relating to housing benefit F145..., or

(v)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this sub-paragraph,]

provided that the claim is made on a form which is approved by the Secretary of State for the purpose.

(6C) Where a person to whom paragraph (6A) applies makes a claim in accordance with paragraph (6B)(b), on receipt of the claim the local authority or other person specified in that sub-paragraph—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by—

(i)the person making, or who has made, the claim; or

(ii)other persons in connection with the claim,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and shall forward the information or evidence to the Secretary of State as soon as reasonably practicable;

[F146(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraphs (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or who has made, the claim.

[F147(6CC) Paragraphs (6C)(b) to (e) apply in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.]

(6D) The benefits specified in paragraph (6A) are relevant benefits for the purposes of section 7A of the Social Security Administration Act 1992.]

[F148(7) If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B) where that paragraph applies—

(a)the Secretary of State shall advise the claimant of the defect; and

(b)if a properly completed claim is received within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is [F149first] advised of the defect, the Secretary of State shall treat the claim as properly made in the first instance.]

[F148(7ZA)  If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being—

(a)the Secretary of State may supply the claimant with the approved form; and

(b)if the form is received properly completed within one month, or such longer period as the Secretary of State may consider reasonable, from the date on which the claimant is supplied with the approved form, the Secretary of State shall treat the claim as properly made in the first instance.]

[F150(7A) In the case of a claim for income support, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) relating to the date of claim.]

[F150(7B) In the case of a claim for a jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise—

(a)in the case of a claim made by a joint-claim couple, each member of the couple of the defect and of the relevant provisions of regulation 6(4ZA) relating to the date of the claim;

(b)in any other case, the person making the claim of the defect and of the relevant provisions of regulation 6(4A) relating to the date of claim.]

[F151(8) A claim, other than a claim for income support or jobseeker’s allowance, which is made on the form approved for the time being is, for the purposes of these Regulations, properly completed if completed in accordance with the instructions on the form and defective if not so completed.]

[F152(8A) Where—

(a)the Board determine under paragraph (2A) that a claim for working families' tax credit shall be made by the partner who in their opinion is mainly caring for the children,

(b)a claim for working families' tax credit is made by that partner on the form approved for the time being, and

(c)the claim is not completed in accordance with the instructions on the form by reason only that, in consequence of the other partner not agreeing which of them should make the claim, it has not been signed by the other partner,

the Board may in their discretion treat that claim as completed in accordance with the instructions on the form for the purposes of paragraph (8), notwithstanding that it has not been signed by the other partner in accordance with those instructions.]

[F151(9) In the case of a claim for income support or jobseeker’s allowance, a properly completed claim is a claim which meets the requirements of paragraph (1A) and a defective claim is a claim which does not meet those requirements.]

[F153(10) This regulation shall not apply to a claim for state pension credit[F154, subject to regulation 6(1G),] [F155or an employment and support allowance].]

[F156[F157(11) A claim for the following benefits may be made by telephone call to a telephone number specified by the Secretary of State for the purpose of the benefit for which the claim is made, unless the Secretary of State directs, in any particular case, that the claim must be made in writing—

(a)graduated retirement benefit;

(b)a shared additional pension;

(c)a retirement pension;

(d)a state pension under Part 1 of the Pensions Act 2014;

(e)[F158widowed parent’s allowance;]

[F158(ea)bereavement support payment;]

(f)a social fund payment for funeral expenses or winter fuel payment;

(g)industrial injuries benefit.]

[F159(11A) A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Secretary of State where such a claim falls within a category of case [F160for which the Secretary of State accepts telephone claims, or in any other case where the Secretary of State is willing to do so].

(11B) Paragraph (11A) shall apply unless in any particular case the Secretary of State directs that the claim must be made in writing.]

[F161(12) A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Secretary of State is provided with all the information required to determine the claim and the claim is defective if not so completed.]

[F162(13) Where a claim made by telephone is defective—

(a)in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;

(b)in the case of a claim for income support, paragraph (7A) applies; and

(c)in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,

except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.]

F163(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F164Further provisions as to claimsE+W+S

4A.—(1) Where a claimant resides in both—

(a)the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999; and

(b)a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999,

any claim for a benefit to which paragraph (2) applies may be made to any office [F165of a relevant authority] displaying the One logo (whether or not that office is situated within the area of the local authority in which the claimant resides).

(2) The benefits to which this paragraph applies are —

(a)a jobseeker’s allowance;

(b)income support;

(c)incapacity benefit;

(d)[F166carer’s allowance];

(e)severe disablement allowance;

(f)widow’s benefit;

(g)bereavement benefits;

(h)disability living allowance.

(3) A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker’s allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.

(4) In the case of a claim for income support or a jobseeker’s allowance, the provisions of regulation 4(1A) to (1C) shall apply.

(5) In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the “appropriate office” in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).

(6) In these Regulations, a “participating authority” means any local authority or person to whom claims may be made in accordance with paragraph (1).

Forwarding claims and informationE+W+S

4B.—(1) A participating authority may —

(a)record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;

(b)give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies [F167or for state pension credit].

(2) A participating authority shall forward to the Secretary of State —

(a)any claim for benefit, other than a claim for housing benefit F168..., together with any information or evidence supplied to the authority in connection with that claim; and

(b)any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit F169... given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.]

[F170Electronic claims for benefitE+W+S

4ZC.—(1) Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.

[F171(2) This regulation applies to the following benefits—

(a)carer’s allowance;

(b)attendance allowance;

[F172(ba)bereavement support payment;]

(c)disability living allowance;

(d)graduated retirement benefit;

(e)a jobseeker’s allowance;

(f)a retirement pension;

(g)state pension under Part 1 of the Pensions Act 2014;

(h)shared additional pension;

(i)industrial injuries benefit;

(j)an employment and support allowance.]]

[F173(k)state pension credit.]

[F174(l)a social fund funeral payment;

(m)a social fund payment in respect of maternity expenses;

(n)maternity allowance.]

[F175Electronic claims for benefitE+W+S

4C.—(1) Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.

(2) This regulation applies in relation to child benefit.]

[F176Making a claim for state pension creditE+W+S

4D.—(1) A claim for state pension credit need only be made in writing if the Secretary of State so directs in any particular case.

(2) A claim is made in writing either—

(a)by completing and returning in accordance with the instructions printed on it a form approved or provided by the Secretary of State for the purpose; or

(b)in such other written form as the Secretary of State accepts as sufficient in the circumstances of the case.

(3) A claim for state pension credit may be made in writing whether or not a direction is issued under paragraph (1) and may also be made F177... in person at, an appropriate office F178....

[F179(3A) A claim made in writing may also be made at an office designated by the Secretary of State for accepting claims for state pension credit.]

[F180(4) A claim made in writing may also be made at the offices of—

(a)a local authority administering housing benefit F181...;

(b)a county council in England;

(c)a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d)a person authorised to exercise any functions of a local authority relating to housing benefit F181 ...; or

(e)a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this paragraph.]

[F182(5) Where a claim is made in accordance with paragraph (4), the local authority or other specified person—

(a)shall forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Secretary of State as soon as reasonably practicable;

[F183(cc)may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;]

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or has made, the claim.]

[F184(5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise.]

(6) A claim for state pension credit made in person F185... is not a valid claim unless a written statement of the claimant’s circumstances, provided for the purpose by the Secretary of State, is approved by the person making the claim.

[F186(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Secretary of State.]

[F186(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.]

[F186(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.]

[F186(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.]

[F186(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 [F187first] drew attention to the defect, the Secretary of State shall treat the claim as if it had been duly made in the first instance.]

(7) A [F188couple] may agree between them as to which partner is to make a claim for state pension credit, but in the absence of an agreement, the Secretary of State shall decide which of them is to make the claim.

(8) Where one member of a [F189couple] (“the former claimant”) is entitled to state pension credit under an award but a claim for state pension credit is made by the other member of the couple, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant’s entitlement shall terminate on the last day of the benefit week specified in paragraph (9).

(9) That benefit week is the benefit week of the former claimant which includes the day immediately preceding the day the partner’s claim is actually made or, if earlier, is treated as made.

(10) If a claim for state pension credit is defective when first received, the Secretary of State is to provide the person making it with an opportunity to correct the defect.

(11) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within 1 month[F190, or such longer period as the Secretary of State considers reasonable,] of the date the Secretary of State [F191first] drew attention to the defect, the claim shall be treated as having been properly made on the date—

(a)the defective claim was first received by the Secretary of State or the person acting on his behalf; or

(b)if regulation 4F(3) applies, the person informed an appropriate office [F192or other office specified in regulation 4F(3)] of his intention to claim state pension credit.

(12) [F193Paragraphs (6E) and (11) do] not apply in a case to which regulation 4E(3) applies.

(13) State pension credit is a relevant benefit for the purposes of section 7A of the Social Security Administration Act 1992.

Making a claim before attaining the qualifying ageE+W+S

4E.—(1) A claim for state pension credit may be made, and any claim made may be determined, at any time within the advance period.

(2) The advance period begins on the date which falls 4 months before the day on which the claimant attains the qualifying age and ends on the day before he attains that age.

(3) A person who makes a claim within the advance period which is defective may correct the defect at any time before the end of the advance period.

Making a claim after attaining the qualifying age: date of claimE+W+S

4F.—(1) This regulation applies in the case of a person who claims state pension credit on or after attaining the qualifying age.

(2) The date on which a claim is made shall, subject to paragraph (3), be—

(a)where the claim is made in writing and is not defective, the date on which the claim is first received—

(i)by the Secretary of State or the person acting on his behalf; or

(ii)in a case to which regulation 4D(4) relates, in the office of a person specified therein;

(b)where the claim is not made in writing but is otherwise made in accordance with regulation 4D(3) [F194or (6A)] and is not defective, the date the claimant provides details of his circumstances by telephone to, or in person at, the appropriate office or other office designated by the Secretary of State to accept claims for state pension credit; or

(c)where a claim is initially defective but the defect is corrected under regulation [F1944D(6E) or (11)], the date the claim is treated as having been made under that regulation.

(3) If a [F195person wishing to make a claim]—

(a)informs [F196(by whatever means)] an appropriate office [F197, or other office designated by the Secretary of State for accepting claims for state pension credit or the office of a person specified in regulation 4D(4),] of his intention to claim state pension credit; and

(b)subsequently makes the claim in accordance with regulation 4D within 1 month of complying with sub-paragraph (a), or within such longer period as the Secretary of State may allow,

the claim may, where in the circumstances of the particular case it is appropriate to do so, be treated as made on the day the claimant first informed [F198an office specified in sub-paragraph (a)] of his intention to claim the credit.]

[F199Making a claim for employment and support allowance by telephoneE+W+S

4G.—(1) A claim (“a telephone claim”) for an employment and support allowance may be made by telephone call to the telephone number specified by the Secretary of State.

(2) 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 telephone claim is not a valid claim unless the person complies with the direction.

(3) A telephone claim is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim.

(4) Where a telephone claim is defective, the Secretary of State is to advise the person making it of the defect and of the relevant provisions of regulation 6(1F) relating to the date of claim.

(5) 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 [F200first] drew attention to the defect, the Secretary of State must treat the claim as if it had been properly made in the first instance.

Making a claim for employment and support allowance in writingE+W+S

4H.—(1) A claim (“a written claim”) for employment and support allowance need only be made in writing if the Secretary of State so directs in any particular case but a written claim may be made whether or not a direction is issued.

(2) A written claim must be made on a form approved for the purpose by the Secretary of State and be made in accordance with the instructions on the form.

(3) A claim in writing may also be made at the offices of—

(a)a local authority administering housing benefit F201...;

(b)a person providing to such an authority services relating to housing benefit F202...; or

(c)a person authorised to exercise the function of a local authority relating to housing benefit F203...,

if the Secretary of State has arranged with the local authority or person specified in sub-paragraph (b) or (c) for them to receive claims in accordance with this paragraph.

(4) Where a written claim is made in accordance with paragraph (3), on receipt of that claim the local authority or other person specified in that paragraph—

(a)must forward the claim to the Secretary of State as soon as reasonably practicable;

(b)may receive information or evidence relating to the claim supplied by—

(i)the person making, or who has made, the claim; or

(ii)other persons in connection with the claim,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(c)may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and must forward the information or evidence to the Secretary of State as soon as reasonably practicable;

(d)may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and

(e)may give information and advice with respect to the claim to the person who makes, or who has made, the claim.

(5) Paragraphs (4)(b) to (e) apply in respect of information, evidence and advice relating to any claim whether the claim is made in accordance with paragraph (3) or otherwise.

(6) If a written claim is defective when first received, the Secretary of State is to advise the person making it of the defect and of the provisions of regulation 6(1F) relating to the date of claim.

(7) If that person corrects the defect so that the claim then satisfies the requirements of paragraph (2) and does so within one month, or such longer period as the Secretary of State considers reasonable, of the date the Secretary of State [F204first] drew attention to the defect, the claim must be treated as having been properly made in the first instance.

Claims for employment and support allowance: supplementalE+W+S

4I.—(1) Where a person who is a member of a couple may be entitled to an income-related employment and support allowance the claim for an employment and support allowance must be made by whichever member of the couple they agree should claim or, in default of agreement, by such one of them as the Secretary of State may choose.

(2) Where one member of a couple (“the former claimant”) is entitled to an income-related employment and support allowance under an award but a claim for an employment and support allowance is made by the other member of the couple and the Secretary of State considers that the other member is entitled to an income-related employment and support allowance, then, if both members of the couple confirm in writing that they wish the claimant to be the other member, the former claimant's entitlement terminates on the day the partner's claim is actually made or, if earlier, is treated as made.

(3) In calculating any period of one month for the purposes of regulations 4G and 4H, any period commencing on a day on which a person is first notified of a decision in connection with his failure to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part is to be disregarded.

(4) Employment and support allowance is a relevant benefit for the purposes of section 7A of the 1992 Act.]

Amendment and withdrawal of claimE+W+S

5.—[F205(1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Secretary of State or in such other manner as the Secretary of State may decide or accept.]

[F205(1A) Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance.]

(2) A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to an appropriate office, and any such notice of withdrawal shall have effect when it is received.

Date of claimE+W+S

6.—(1) [F206Subject to the following provisions of this regulation,] [F207or 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;

[F208(aa)in the case of a claim for—

• F209[F210... ];

• F209[F211... ];

• 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 [F212properly] made, the date on which the claim was received in an appropriate office in the first instance.

[F213(c)in the case of a claim made by telephone in accordance with [F214regulation 4(11) or (11A)], the date [F215the claim is properly completed];

(d)in the case of a claim made by telephone which is defective but which is treated, under [F2164(13)(a) as having been properly] made, the date of that telephone call.]

[F217(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.]

[F218(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 [F219or 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 [F219or 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 [F220made 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.]

[F221(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.]

[F222unless 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.]

[F223(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 F224... may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B).]

[F225[F226(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.]]

[F227(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.]

F228(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F229(3) In the case of a claim for income support, [F230working families' tax credit] [F231, [F232disabled persons' tax credit]] [F233or jobseeker’s allowance] F234..., 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[F235, [F230working families' tax credit]][F236, [F232disabled 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.]

[F237(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 [F238or 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 [F238or 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).]

[F239[F240(4A) Where a person [F241who is not a member of a joint-claim couple] notifies the [F242employment 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 [F242employment officer] and complies with the requirements of paragraph (4AA)[F243(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)[F243(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 [F242employment 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 [F244or 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 [F244or 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) [F245Unless the Secretary of State otherwise directs, a properly completed claim form shall be provided [F246or 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 [F247or 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.]

F248[F249(4D)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F250(5) Where a person submits a claim for attendance allowance [F251or disability living allowance or a request under paragraph (8)] by post and the arrival of that [F252claim or request] at an appropriate office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the [F252claim 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.]

[F253(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 [F254not 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.]

[F255(8) [F256Subject to [F257paragraphs (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.

[F258(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.]

[F259(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) [F260In 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.]

[F261(10) Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for [F262disabled persons' tax credit] in that week the claim shall be treated as made on the Tuesday of that week.

F263(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F264(12) F265... where a person has claimed [F266disabled 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 [F266disabled persons' tax credit] was made within three months of the date that the claim for the qualifying benefit was determined.

F267(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.

[F268(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.]

[F269(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 [F270awarded],

whichever is the later.]

[F269(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.;

F271(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in any case, that the claimant [F272, a member of his family or the disabled person] had not been awarded a qualifying benefit.]

[F269(18) The additional circumstances referred to in paragraph (16) are that—

(a)[F273a 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)[F273after 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.]

[F269(19) Where a person has been awarded a relevant benefit and that award ("[F274original 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 [F275is [F276awarded or] [F277re-awarded or becomes payable again]] ,

whichever is the later.]

[F269(20)] [F278The 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 [F279, determination of entitlement] or termination of an award for a fixed period in such a way as to affect the original award; F280...

(b)at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided; [F281or]]

[F282(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, F283...

(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]

[F284(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]

[F284(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.]

[F269(21) [F285Subject 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 [F286favour of the claimant, a member of his family or the disabled person]; [F285or]

(b)[F287the qualifying benefit is re-awarded following revision, supersession [F288, determination of entitlement] or appeal; or]

[F287(c)the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or]

[F287(d)the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and]

[F287the further claim [F289for a relevant benefit] referred to in paragraph (19), is made within three months of the date [F290of 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].]]

[F291(21A) Paragraph (21) applies whether the benefit is re-awarded [F292or 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.]

[F269(22) In paragraphs (16) to (21) [F293[F294, (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;

[F295(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 [F296or 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 [F297regulation 5(1)(a) or 7(4)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005];

(d)any other relevant benefit [F298or Scottish disability benefit] which[F299, 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 [F300or carer’s allowance, as the case may be,] claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.

[F301“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[F302, 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 F303... couple].]]

[F269(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.]

[F269(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.]

[F269(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.]

[F269(26) In paragraphs [F304(18)(a) and (c), (21)(a), (24) and (30) and in paragraph (18)(b)] where the word appears for the second time, “decided" includes [F305a determination of entitlement and] the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, [F306the First-tier Tribunal, the Upper Tribunal] or the court.]

(27) Where a claim is made for [F307working families' tax credit] or [F308disabled 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 [F307working families' tax credit] or [F308disabled 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 [F309working 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 [F310for 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.]

[F311(29) In the case of a claim for an increase of severe disablement allowance or of invalid care allowance [F312or carer’s allowance, as the case may be,] in respect of a child or adult dependant, [F313paragraphs (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 [F312or carer’s allowance, as the case may be,].]

[F314(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 F315... 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.]

[F316(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 [F317or 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 [F318or 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 [F319or 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.]

[F320(33) [F321Subject to paragraph (34), where] a person makes a claim for a carer’s allowance [F322or 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 [F323, determination of entitlement] or supersession; or

(c)on appeal whether by [F324the First-tier Tribunal, the Upper Tribunal] or the court,

awarding a qualifying benefit to the disabled person, the date of claim [F325shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable].]

[F326[F327(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.]

[F328(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.]

[F329(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.]