The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988

law://uk/uksi/1988/1725@2026-11-12

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988 and shall come into force on 7th November 1988.

(2)In these Regulations—• “the Adjudication Regulations” means the Social Security (Adjudication) Regulations 1986;• “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987; and• “the Payments on account, Overpayments and Recovery Regulations” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988.

2Amendment of the Adjudication Regulations#

(1)The Adjudication Regulations shall be amended in accordance with the following provisions of this regulation.

(2)In paragraph (d) of regulation 53 (definition of “medical question”) for the words “for locomotion,” there shall be substituted the words “for locomotion; or”.

(3)After paragraph (d) of regulation 53 there shall be added the following paragraph—“e which would have been a question under paragraphs (a), (b) and (d) on the day before he attained 65, in the case of a person who is over the age of 65 but under the age of 66 at the date on which the claim is received or treated as received,”

(4)In regulation 54 (date for the determination of the medical questions) after the words “any medical question” there shall be inserted the words “except a question under regulation 53(e)”.

(5)In paragraph (6)(c) of regulation 63 (notification of decisions in income support cases) for the reference to section 23(8) there shall be substituted a reference to section 23A.

(6)In regulation 71 (review in social fund maternity and funeral expenses cases) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

3Amendment of the Claims and Payments Regulations#

(1)The Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.

(2)In regulation 2 (interpretation)—

(a)in paragraph (1) after the definition of “partner” there shall be inserted the following definition—“• “period of cold weather” means that period set out in regulation 1(2) of the Social Fund Cold Weather Payments (General) Regulations 1988;”

(b)in paragraph (2)(b) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)”.

(3)In paragraph (3) of regulation 6 (date of claim) after the words “maternity or funeral expenses” there shall be added the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(4)After regulation 15 there shall be inserted the following regulation—“15A 1 Where a person claims expenses for heating in respect of a period of cold weather and an award is made in respect of that claim then in any other subsequent period of cold weather occurring between the end of that period and 30th April immediately following the adjudicating authority may—a treat the claim also as if made for that subsequent period; andb award benefit accordingly, subject to the condition that the person satisfies the prescribed circumstances set out in regulation 2(1) of the Social Fund Cold Weather Payments (General) Regulations 1988.2 An award under paragraph (1)(b) shall be reviewed by the adjudicating authority if the prescribed circumstances are found not to have been satisfied in any subsequent period.”

(5)In paragraph (4) of regulation 19 (time for claiming benefit) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(6)In paragraph (5) of regulation 30 (payments on death) after the words “in section 32(2)(a)” there shall be inserted the words “and section 32(2A)”.

(7)In paragraph (2) of regulation 35 (deductions from benefit and direct payments to third parties) after the words “maternity or funeral expenses” there shall be inserted the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather”.

(8)In Schedule 4 (prescribed time for claiming benefit)—

(a)in column 1 (description of benefit) below paragraph 9 there shall be inserted the following paragraph—“9A Social fund payment to meet expenses for heating incurred in a period of cold weather.”• and

(b)in column 2 (prescribed time for claiming benefit) there shall be inserted, so as to relate to paragraph 9A, “3 months from the last day of the period of cold weather recorded at the designated National Climatological Message Station appropriate to the claimant.”.

4Amendment of the Payments on account, Overpayments and Recovery Regulations#

In the definition of “benefit” in paragraph 2 of regulation 1 (interpretation) for the words “any payment under section 32(2)(a) of the Act (maternity and funeral expenses)” there shall be substituted the words “any social fund payment under sections 32(2)(a) and 32(2A) of the Act”.

Contains public sector information licensed under the Open Government Licence v3.0.

The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988

The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988

1Citation, commencement and interpretation#

2Amendment of the Adjudication Regulations#

3Amendment of the Claims and Payments Regulations#

4Amendment of the Payments on account, Overpayments and Recovery Regulations#

Defined terms · 4

Connections

Key facts

History · 1 version

1Citation, commencement and interpretation#

2Amendment of the Adjudication Regulations#

3Amendment of the Claims and Payments Regulations#

4Amendment of the Payments on account, Overpayments and Recovery Regulations#