The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Claims and Payments E+W+S

[F1 5.   A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations— E+W+S

(a) [F2 regulation 4(3) or (3B) (which partner should make a claim for income support or jobseeker’s allowance);]

[F3 (aa) regulation 4I (which partner should make a claim for an employment and support allowance);]

F4 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 [F6 (bb) regulation 4D(7) (which partner should make a claim for state pension credit);]]

F7 ( c ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 ( e ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) regulation 7 (decision by the Secretary of State or the Board as to evidence and information required);

(g) regulation 9 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);

(h) regulation 11 (treating claim for maternity allowance as claim for incapacity benefit [F10 or employment and support allowance]);

(i) regulation 15(7) (approving form of particulars required for determination of retirement pension questions in advance of claim);

(j) regulations 20 to 24 (decision by the Secretary of State or the Board as to the time or manner of payments);

(k) regulation 25(1) (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);

(l) regulation 26 (manner and time of payment of income support);

(m) regulation 26A (time and intervals of payment of jobseeker’s allowance);

[F11 (mm) regulation 26B (payment of state pension credit);]

[F12 (mn) regulation 26C (manner and time of payment of employment and support allowance);]

(n) regulation 27(1) and (1A) (decision by the Board as to manner and time of payment of tax credits);

(o) regulation 30 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);

(p) regulation 30A (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);

(q) regulation 31 (time and manner of payments of industrial injuries gratuities);

(r) regulation 32 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);

(s) regulation 33 (appointments by the Secretary of State or the Board where person unable to act);

(t) regulation 34 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);

(u) [F13 regulation 17(1) (direct payments to qualifying lenders by Secretary of State where specified circumstances met) of the Loans for Mortgage Interest Regulations;]

(v) regulation 35(2) (payment to third person of maternity expenses or expenses for heating in cold weather);

(w) regulation 36 (decision by the Secretary of State or the Board to pay partner as alternative payee);

(x) regulation 38 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));

(y) regulations 42 to 46 (mobility component of disability living allowance and disability living allowance for children);

(z) regulation 47(2) and (3) (return of instruments of payment etc. to the Secretary of State or the Board).]

Textual Amendments

F1 Sch. 2 para. 5 substituted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379) , regs. 1(1) , 21(a)

F2 Sch. 2 para. 5(a) substituted (21.12.2004) by Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(a)

F3 Sch. 2 para. 5(aa) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 42(a)

F4 Sch. 2 para. 5(b) omitted (21.12.2004) by virtue of Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(b)

F5 Sch. 2 para. 5(bb) substituted (21.12.2004) by Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(c)

F6 Sch. 2 para. 5(bb) inserted (18.6.2003) by State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 (S.I. 2003/1581), regs. 1, 2(a)

F7 Sch. 2 para. 5(c) omitted (21.12.2004) by virtue of Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(b)

F8 Sch. 2 para. 5(d) omitted (21.12.2004) by virtue of Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(b)

F9 Sch. 2 para. 5(e) omitted (21.12.2004) by virtue of Social Security, Child Support and Tax Credits (Decisions and Appeals) Amendment Regulations 2004 (S.I. 2004/3368), regs. 1, 2(9)(b)

F10 Words in Sch. 2 para. 5(h) added (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 42(b)

F11 Sch. 2 para. 5(mm) inserted (18.6.2003) by State Pension Credit (Decisions and Appeals-Amendments) Regulations 2003 (S.I. 2003/1581), regs. 1, 2(b)

F12 Sch. 2 para. 5(mn) inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 42(c)

F13 Sch. 2 para. 5(u) substituted by S.I. 2017/725, Sch. 5 para. 11(5) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e)