The Social Security (Claims and Payments) Regulations 1987

Duration of awards E+W+S

17.—(1) Subject to the provisions of this regulation and of section [F1 37ZA(3) of the Social Security Act 1975 (disability living allowance) and section] 20(6) [F1 and (6F)] of the Social Security Act 1986 ([F2 working families' tax credit] [F1 and [F3 disabled persons' tax credit]]) a claim for benefit shall be treated as made for an indefinite period and any award of benefit on that claim shall be made for an indefinite period.

[F4 (1A) Where an award of income support or an income-based jobseeker’s allowance is made in respect of [F5 a couple] and one member of the couple is, at the date of claim, a person to whom section 126 of the Contributions and Benefits Act or, as the case may be, section 14 of the Jobseekers Act applies, the award of benefit shall cease when the person to whom section 126 or, as the case may be, section 14 applies returns to work with the same employer.]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F7 Except in the case of claims for and awards of state pension credit,] if F8 ... it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example where a relevant change of circumstances is reasonably to be expected in the near future) the claim shall be treated as made and the award shall be for a definite period which is appropriate in the circumstances.

(4) In any case where benefit is awarded in respect of days subsequent to the date of claim the award shall be subject to the condition that the claimant satisfies the requirements for entitlementF9 ....

(5) The provisions of Schedule 2 shall have effect in relation to claims for [F10 a jobseeker’s allowance] made during periods connected with public holidays.

Textual Amendments

F1 Words in reg. 17(1) inserted (10.3.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1)(b), 10(a)-(c)

F2 Words in reg. 17(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F3 Words in reg. 17(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F4 Reg. 17(1A) substituted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(10)

F5 Words in reg. 17(1A) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 14(7) (with art. 3)

F6 Reg. 17(2) omitted (7.10.1996) by virtue of The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(10)

F7 Words in reg. 17(3) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 8(1)

F8 Words in reg. 17(3) omitted (7.10.1996) by virtue of The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(10)

F9 Words in reg. 17(4) omitted (29.11.1999) by virtue of The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 7 (with reg. 3(1)(b), Schs. 21-23)

F10 Words in reg. 17(5) substituted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(10)