Social Security Bill — New schedule 1 — 10 Dec 1997

Delayed Claims

3. The backdating of income related benefits for a period no longer than one month may be allowed in cases where claimants are forced to delay claiming because--

(a) the appropriate office, where the claimant would be expected to make a claim, was unable to provide a service and alternative arrangements were not available;

(b) the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;

(c) there were adverse postal conditions;

(d) the claimant was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that his entitlement expired;

(e) for Family Credit or Disability Working Allowance the claimant had previously been entitled to Income Support or Jobseeker's Allowance and the claim for Family Credit or Disability Working Allowance was made within one month of expiry of entitlement to the previous benefit;

(f) for Income Support or Jobseeker's Allowance the claimant had previously been entitled to Family Credit or Disability Working Allowance and the claim for Income Support or Jobseeker's Allowance was made within one month of expiry of entitlement to the previous benefit;

(g) the claimant recently separated from his partner; or

(h) a close relative of the claimant recently died.

Refugees

4. Refugees may be allowed, where the Secretary of State thinks it appropriate to claim backdated awards of Income Support, Housing Benefit and Council Tax Benefit to the date of the asylum application.

Incapacity Benefit, Severe Disablement Allowance and Maternity Allowance

5. Claims for Incapacity Benefit, Severe Disablement Allowance and Maternity Allowance may be allowed to be backdated if employers delay in notifying the claimants that they had no entitlement to Statutory Sick Pay or Statutory Maternity Pay.

Further Exceptions

6. Further exceptions may be allowed in such cases or circumstances as may be prescribed.--[ Mr. Waterson. ]

Brought up, and read the First time.

Motion made, and Question put, That the schedule be read a Second time:--

The House divided: Ayes 192, Noes 374.

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