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Chapter A2: Claims

Contents
A2001:Introduction
A2002:National insurance credits
A2003:Definitions used in this chapter

Making a claim
A2019:General requirement to make a claim
A2021:Considering the claimant's entitlement down to the date of decision
A2024:Staying a decision
A2025:Circumstances where a claim for UC is not required
A2027:Circumstances where a claim for ESA is not required
A2028:Making a claim for UC
A2032:Claims to UC by members of a couple
A2041:Date of claim for UC
A2043:Time limit for claiming UC
A2048:Advance claims to UC - Prisoners...
A2050:Making a claim for PIP
A2055:Date of claim for PIP
A2060:Time limit for claiming PIP
A2061:Advance awards of PIP
A2062:Advance claims to PIP

Making a claim for ESA
A2065:Claims to ESA by telephone
A2069:Claims to ESA in writing
A2073:Claims to ESA where there is no entitlement to SSP
A2075:MA claimed before confinement
A2077:MA claimed after confinement
A2079:Time limit for claiming ESA
A2080:Advance claims to ESA

Making a claim to JSA
A2081:Attendance at an appropriate office
A2085:Making a claim to JSA in writing
A2089:Makiing a claim for JSA by telephone
A2095:Advance claims to JSA
A2096:Time limits for claiming JSA
A2097:Extending the time for claiming JSA by 3 months
A2099:Extending the time limit for claiming JSA by 1 month
A2102:Interchange with claims for other benefits
A2107:After a claim has been disallowed as defective
A2108:No trace of claim
A2110:Amendment of claims
A2111:Withdrawal of claims
A2112:Evidence and Information in connection with a claim
A2118:Evidence and information in connection with an award
A2126:Alternative means of notifying changes of circumstances
A2127:Information provided to rent officers
A2130:Evidence and information required from pension fund holders
A2134:Attendance in person
A2135:Duration of award

Claims to JSA made during periods connected with public holidays . A2137
A2138:Appointees
A2140:Power of attorney
A2143:Deputies / Guardians
A2145:Claims at Death
A2146:Requirement to attend for consultation
A2147:Provision of NINOs
A2152:NINO Exemptions

Appendix 1 - Use of Electronic Communications
Appendix 2 - Claims for JSA during periods connected with public holidays

Chapter A2: Claims

A2001 Introduction

This chapter is about decision making on claims for
1. UC
2. PIP
3. new style JSA (hereafter referred to as JSA)
4. new style ESA (hereafter referred to as ESA).
Note
1: ADM Chapter M1 contains guidance on the meaning of new style JSA and
new style ESA.
Note
2: Guidance on claims for benefits not listed above is in DMG Chapter 02.
Note
3: The guidance comes into effect (1) from 8.4.13 for PIP and from 29.4.13 for
UC, JSA and ESA.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 1(2) & 1(3)

A2002 National insurance credits

DWP is responsible for making decisions on NI credits. Because the method of
claiming or applying for them is not the same as it is for benefits, information about
them is contained in the relevant operational guides.

A2003 Definitions used in this chapter

"Appropriate
Office"
means (1)
1. an office of DWP or
2. any other place designated by the Secretary of State in relation to any case or
class of case as a place to, or at which, any claim, notice, document,
evidence or other information may be sent, delivered or received, including a
postal address specified for that purpose or
3. in the case of a person who is authorised or required to use an electronic
communication for any purpose, an address to which such communications
may be sent in accordance with prescribed regulations (2).
Note:
Where an individual office or address has been specified e.g. for PIP then this
is where correspondence must be sent.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 2; 2 Sch 2

A2004

"Assessment Period" means a period as defined in prescribed legislation (1) see ADM
Chapter C1.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 2; UC Regs, reg 21

A2005

"Benefit" means UC, PIP, ESA or JSA (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 2

[A2006-A2007]

A2008 "Claimant" means for
1. UC (1), a single claimant or each of joint claimants
2. PIP (2), a person who has made a claim or is entitled to PIP
3. JSA (3), a person who claims JSA
4. ESA (4), a person who has claimed ESA.

1WR Act 12, s 40;; 2 Part 4, PIP (Regs) 2013, reg 2; 3 JS Act 95, s 35(1); 4 WR Act 07, s 24(1)

A2009

[See memo ADM 04 14 [not found]] "Couple" means (1)
1. a man and woman who are married to each other and are members of the
same household
2. a man and woman who are not married to each other but are LTAHAW
3. two people of the same sex who are civil partners of each other and are
members of the same household or
4. two people of the same sex who are not civil partners of each other but are
living together as if they were civil partners
Note: For guidance on "living together" See ADM Chapter E4.

1 WR Act 12, s 39

A2010

"Earned
income"
means (1) remuneration or profits derived from
1. employment under a contract of service or in an office, including elective
office or
2. a trade, profession or vocation or
3. any other paid work or
4. any income treated as earned income under prescribed legislation (2).

1 UC Regs, reg 52 &2 Chapter 2

A2011

"Electronic
communications"
means (1) a communication transmitted (whether from
one person to another, from one device to another or from a person to a device or
vice versa) by
1. means of anelectronic communications network or
2. other means but while in an electronic form.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 2; Electronic Communications Act 2000, s 15(1)

A2012

A2013

"Partner" means one of a couple (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 2

A2014

-

A2016

A2017

"Writing" includes writing produced by means of an electronic communication (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 2 & Sch 2

A2018

Making a claim

A2019 General requirement to make a claim

In general, it is a condition of entitlement to benefit that a claim is made, or is treated
as made, in the time and manner specified for that benefit in the regulations (1). If this
condition is not satisfied there is no entitlement to benefit. It is not necessary for the
other conditions of entitlement to be considered. There are some instances when a
claim is not required for UC or ESA (2), see A2025 to A2027.

1 SS A Act 92, s 1(1); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 6, 7, 9(6) & 9(7)

A2020

A claim ceases to exist once it has been decided by the DM (1). If a claim is disallowed
the decision disallowing it cannot be superseded because of a change in
circumstances which occurred after the decision. A further claim may be made as a
result of the change of circumstances (2). Further details about the finality of decisions
are in ADM Chapter A1. Further details about supersession are in ADM Chapter A4.
1 SS Act 98, s 8(2)(a);2 s 8(2)(b)

A2021 Considering the claimant's entitlement down to the date of decision

A claim for a future period continues to run until it is decided by the DM (1). When
giving a decision on the claim, the DM must consider the claimant's entitlement for
each day in the period starting with the first day claimed for and ending with the date
of the DM's decision. This may mean that further information should be obtained
from the claimant to ensure that there has been no further change of circumstances
since the claim was made.

1 SS Act 98, s 8(2)(a)

A2022

If the claimant is entitled to benefit for any day in that period, benefit should be
awarded. This is so even if the claimant later ceased to be entitled. If the claimant is
entitled to benefit on the date of the DM's decision, a definite or indefinite period
award for the future should be made, as appropriate. For PIP awards are made for a
fixed term unless it is considered that a fixed term award is inappropriate.
A2023

A2024 Staying a decision

The DM has no power to leave a valid claim undecided but in some circumstances
the DM may stay making a decision. Staying means that the DM does not have to
make a decision (or may make a restricted decision) in cases which may be affected
by the outcome of an appeal to the courts in another case which has yet to be
decided (1). Further details about staying are in ADM Chapter A5.
1SS Act 98, s 25

A2025 Circumstances where a claim for UC is not required A2019

[See ADM memo ADM 2 14] A claim for UC is not required (1) when
1. a decision is made as a result of a change of circumstances, whether as
originally made or revised, that the person is not entitled to UC in cases
where but for the receipt of earned income they would have continued to be
entitled to an amount of UC and
2. at the date of notification to an appropriate office of the change of
circumstances referred to in A2025 1. the person was in receipt of earned
income and
3. not more than 6 months have elapsed since the last day of entitlement to UC
and
4. the person provides such information as to their income at such times as may
be required and the DM is satisfied that the claimant has provided such
information as may be required to determine whether an award may be made
and if so the amount and
5. since the last day of entitlement to UC the person's circumstances have
changed such that, if the person were entitled to UC, the amount payable
would not be less than the minimum amount of UC under prescribed
legislation (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 6(1); 2 UC Regs, reg 17
Example 1
David's award of UC ends because his earnings increase. 4 months later his
earnings decrease so that a new award of UC can be made. No claim is required.
Example 2
Jackie's award of UC ended because a child for who she had responsibility left the
benefit unit. Jackie had income from employment at this time. Four months after her
award ended she notifies the department that the child has re-joined the benefit unit.
The new award of UC starts from the first day of the assessment period in which the
child re-joined the benefit unit. No new claim is required.

A2026

A claim for UC is also not required (1) where
1. a claim to UC has been made and a decision is made, whether as originally
made or revised, that they are not entitled to UC in cases where but for the
receipt of earned income they would have been entitled to an amount of UC
and
2. at the time the decision in A2026 1. was made the person was in receipt of
earned income and
3. not more than 6 months have elapsed since the date of the claim and
4. the person provides information as to their earned income at such times as
may be required and the DM is satisfied that the claimant has provided such
information as may be required to determine whether an award may be made
and if so the amount and
5. their circumstances change such that if they were entitled to UC the amount
payable would not be less than the minimum amount under prescribed
legislation (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 6(2); 2 UC Regs, reg 17

A2027 Circumstances when a claim for ESA is not required A2019

A person may be entitled to ESA without having to make a claim (1) where
1. the claimant has made and is pursuing an appeal against a decision that
embodies a determination that they do not have LCW and
2. the appeal relates to a decision to terminate or not to award ESA for which a
claim was made.
Note:
If a pending appeal award made without a claim is terminated a claim is
required in order to establish further entitlement to ESA.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 7

A2028 Making a claim for UC

A claim may be made for UC by a single person or members of a couple jointly (1).
Unless A2030 applies, a claim for UC must be made by means of an electronic
communication as set out in Appendix 1 to this Chapter (2).

1 WR Act 12 s 2; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 8(1)

A2029

A claim for UC made electronically is defective if it is not completed in accordance
with any instructions of the Secretary of State (1).
Note: Notification to the claimant that a claim is defective will be in writing. This
includes electronic notification.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 8(3)

A2030 A2028

A claim to UC may be made by telephone call to a telephone number specified by
the Secretary of State
1. if the claim falls within a class of case for which the Secretary of State
accepts telephone claims or
2. where in any other case the Secretary of State is willing to do so (1).
A claim so made is properly completed if all the information required to determine
the award is provided during the call and defective if not (2).
Note: Telephone claims will be accepted from claimants who do not have access to
or cannot use a computer.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 8(2); 2 reg 8(4)

A2031

If a defective claim to UC is made then the claimant must be informed of the
defect(s) and the effect on the date of claim (1). The claim is treated as properly made
in the first instance if in the case of
1. a telephone claim, the person corrects the defect or
2. an electronic claim, a claim completed in accordance with any instruction of
the Secretary of State is received in an appropriate office
within one month or such longer period as the Secretary of State may consider
reasonable from the date on which the claimant is first informed of the defect (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 8(5) & reg 10; 2 reg 8(6)

A2032 Claims to UC by members of a couple

Where a claimant is a member of a couple and may make a claim to UC as a single
person under prescribed legislation (1) but instead makes a claim for UC jointly then
that claim is to be treated as a claim made by that person as a single claimant (2).

1 UC Regs, reg 3(3); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 9(1)

A2033

A claim to UC made jointly by a member of a polygamous marriage who is not a
party to the earliest marriage in the polygamous marriage is to be treated as a claim
made by that member as a single person (1). This applies where the other party to the
polygamous marriage lives in the same household. A polygamous marriage is a
marriage where a party to it is married to more than one person and took place in a
country which permits polygamy (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(2); 2 reg 9(3)
Example 1
Abdul and Fatima make a joint claim to UC. Fatima is Abdul's second wife. Abdul's
first wife, Abida also lives in the same house. The claim to UC is treated as a claim
to UC by Fatima as a single person. In order to become entitled to UC Abdul has to
make a fresh claim to UC.

Example 2

Abdul and Fatima make a joint claim to UC. Fatima is Abdul's second wife. Abdul's
first wife, Abida lives in Pakistan. The claim to UC is a joint claim to UC for Abdul
and Fatima.

A2034

A claim made by members of a couple as single persons may be treated as a claim
made jointly by the couple where it is determined that they are a couple (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(4)

Example
Jackie and Colin both make claims to UC as single claimants. However, the DM
determines that they are a couple and treats the claims as a joint claim made to UC.

A2035

Where a DM considers that one member of a couple is unable to make a joint claim
with the other member of that couple, the other member of the couple may claim
jointly for both of them (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(5)
Example
David and Jane are members of a couple. Jane is currently undergoing a short spell
in hospital following surgery. The DM determines that Jane cannot make a joint
claim with David and so David claims jointly for both of them.

A2036 A2039

Where an award of UC to joint claimants is terminated because they cease to be a
couple then no claim to UC is required by the member of the former couple who
1. does not notify that they have ceased to be a couple where the other former
member of the couple has already so notified or
2. is the second of them to notify that they have ceased to be a couple.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(6)
Example
Tom and Katie are entitled to UC as a couple. Their assessment period is the 3rd of
the month to the 2nd of the following month. They cease to be a couple on 27
November. Tom rings up to notify DWP of this on that date. The DM terminates the
award of UC from the first day of the assessment period in which this change occurs
- namely 3 November. Tom must make a new claim to UC as a single person. He
makes a claim by telephone and is awarded UC from 3 November (he will be
advised when he rings up about backdating so that he does not lose out financially).
Katie is awarded UC from 3 November as a single claimant. She does not have to
make a claim. Her award of UC is suspended until her circumstances are confirmed.

A2037 A2039

Where awards of UC to single claimants are terminated because they form a couple
who are joint claimants, an award of UC may be made without the need for a claim (1).
The new assessment period can be nominated by the claimant or if they fail to
nominate one, the one which the DM determines (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(7); 2 UC Regs, reg 21(4)
Example
Dave, a single claimant, is in receipt of UC. His first assessment period started on 7
June. He becomes a member of a couple when he moves in with Poppy on 28
August. Poppy is also in receipt of UC. Her assessment period runs from the 14th of
the month. Dave's award of UC is terminated from 7 August. Poppy's award of UC
is terminated from 14 August. An award of UC is made to Dave and Poppy without
the need for a claim. The joint award takes effect from 7 August as this is the date
nominated by them (see ADM Chapter E2 regarding the date of nomination for the
start of the new award).

A2038

[See ADM memo ADM 2 14] A couple who are joint claimants are to be treated as
making a claim for UC where
1. one of them was entitled to UC as a single person and ceased to be entitled
on becoming a member of the couple and
2. that claimant formed the couple with another person who did not previously
have an award of UC as a single person before formation of the couple (1).
In these cases the claim is to be treated as made on the day after the person
mentioned at paragraph 1. ceased to be entitled to UC
1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(8)
Example
Bertram is in receipt of UC. His assessment period runs from the 12th of each
month. He moves in with Clarice on 27 June and contacts the Department to say
that he is now part of a couple with Clarice. His award as a single claimant is
terminated. Clarice was not previously in receipt of UC. The DM treats this contact
as a claim for UC jointly between Bertram and Clarice. The date of the new joint
claim is 12 June. The assessment period for this claim still runs from 12 June to 11
July (1). The first payment of UC will be made at the end of this AP.

1 UC Regs, reg 21(3)

A2039

Where a claim is not required as described in A2036 and A2037 a claimant and
every person by whom or on whose behalf UC is receivable must furnish in such
manner and at such times as may be determined such information or evidence in
connection with the formation or dissolution of the couple (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 9(9)

A2040 L3414

A claim to UC does not have to be made (1) by a single person in circumstances
where a joint award has ended because of the death of the other member of the
couple.In these cases the award of UC will continue as if the person had not died
for the assessment period in which the death occurs and the following two
assessment periods. An award of UC can be made to the single person at the end
of this period without the need for a claim.
1 UC, PIP, JSA & ESA (C&P) regs, reg 9(10); UC Regs, reg 37
Example
Patrick and Ann are awarded UC jointly. The first assessment period runs from 21
January. On 12 March Ann dies. Patrick continues to receive UC at the joint
claimant rate for the assessment periods starting 21 February, 21 March and 21
April. An award of UC to Patrick at the single claimant rate is made from 21 May
without the need for a claim.

A2041 Date of claim for UC

The date on which a claim for UC is made is
1. for a claim made electronically, the date on which the claim is received in an
appropriate office (1) or
2. for claims made electronically where the claimant receives assistance at
home or at an appropriate office (either from the Secretary of State or a
person providing services to the Secretary of State), the date of first
notification of a need for assistance (2) or
3. for a claim made by telephone, the date on which the claim is properly
completed (3) or
4. where the Secretary of State is unable to accept a telephone claim on the
date of first notification of intention to claim, the date of first notification,
provided a properly completed claim is made by telephone within one month
of that date (4) or
5. the first day in respect of which the claim is made, if later than 1, 2, 3 or 4
Note:
A claim for UC can only be made by telephone if it falls within a class of case
for which the Secretary of State accepts claims made in this way
1 UC, PIP, JSA & ESA (C&P) Regs, reg 10(1)(a); 2 reg 10(1)(b); 3 reg 10(1)(c); 4 reg 10(1)(d)
Example 1
Sanjay contacts his local Jobcentre Plus office on 1 June to say that because of
difficulties speaking English he requires assistance with making a claim to UC on-
line. Sanjay is invited into the office where he will receive assistance with making a
claim by a member of staff who speaks his language. Sanjay attends on the 10 June
and successfully makes his claim. The date of claim to UC is 1 June.
Example 2
James makes a claim to UC electronically on 1 March but does not provide
sufficient information about his capital to enable an award of UC to be made. The
claim is therefore defective. James is informed of the defect on 4 March and is told
that he must provide the missing information by 3 April. He provides the information
on the 16 March. The date of claim to UC is 1 March.
Example 3
Mick makes a claim to UC electronically on 1 April. The claim is defective because
he does not provide details of the number of shares he has in Barclays Bank. The
DM informs Mick of the defect on 5 April and gives him until 4 May to respond. Mick
contacts the Department to say that he will not be able to provide the information by
that date because Barclays cannot provide the information by then. The DM
considers this reasonable and allows Mick a further 3 weeks to provide the
information. Mick provides the information on 16 May. The date of claim for UC is 1
April.

A2042

In the case of a defective claim, the date of claim is the first date on which the
defective claim is received or made but is treated as properly made in the first
instance (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 10(2)

A2043 Time limit for claiming UC L2151 L3136

The prescribed time for claiming UC is the first day of the period in respect of which
the claim is made (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 26(1)

A2044 A2045 A2046

Where the claim to UC is not made within the time specified above then the time
limit for claiming it is to be extended, subject to a maximum of one month to the date
on which the claim is made, but only where
1. any one or more of the circumstances in A2045 below apply or has applied to
the claimant and
2. as a result of that circumstance or those circumstances the claimant could not
reasonably have been expected to claim earlier (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 26(2)

A2045 A2044

The circumstances referred to in A2044 are that (1)
1. the claimant was previously in receipt of JSA or ESA and notification of expiry
of entitlement to that benefit was not sent to the claimant before the date that
entitlement expired or
2. the claimant has a disability or
3. the claimanthas supplied the Secretary of State with medical evidence that
satisfies the Secretary of State that the claimant had an illness that prevented
the claimant from making a claim or
4. the claimant was unable to make a claim electronically because the official
computer system was inoperative or
5. the claimant had an award of UC which was terminated because they are no
longer a member of a couple and made a new claim as a single person or
6. an award of UC is not made to members of a couple jointly because one of
the couple has not accepted a claimant commitment and
6.1
they cease to be a couple and
6.2
the person who did accept a claimant commitment makes a further
claim as a single person
7. an award of UC to joint claimants is terminated because one of the couple
has not accepted a claimant commitment and
7.1
they cease to be a couple and
7.2
the person who did accept a claimant commitment makes a further
claim as a single person
A2045 Note: 4. applies where DWP's system fails and not the failure of the
claimant's system.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 26(3)
Example 1
Jason makes a claim electronically to UC on 2 May. He indicates that he wishes to
claim from 6 April. He says that he delayed claiming UC as he was in receipt of ESA
until 5 April but was not informed that this was stopping until the 28 April. The DM
decides that the time limit for claiming UC can be extended as Jason could not have
been expected to claim earlier as he was away from home until 2 May. The date of
claim for UC is 6 April.
Example 2
Joanne makes a claim for UC electronically on 3 July. She wishes to claim UC from
20 June. She says that she was prevented from making a claim on the 20 June
because she could not access her on-line account due to system failure. The
system was restored on the 21 June but Joanne did not attempt to make a claim the
next day due to negligence. The date of claim to UC is 3 July.

A2046

Where a claim to UC is made by each of joint claimants then the prescribed time
limit for claiming as above cannot be extended unless both claimants satisfy the
criteria (1) as in A2044.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 26(4)

A2047

A2048 Advance claims to UC - Prisoners A2049

Advance claims to UC may be made if a claimant does not satisfy the conditions of
entitlement on the date on which a claim is made but will satisfy them for a future
period. The DM must be of the opinion that unless there is a change of
circumstances the claimant will satisfy the conditions of entitlement on this future
date. The future period must begin on a day not more than a month after the date on
which the claim is made. The DM treats the claim as made for a period beginning
with the date from which entitlement will begin (1). Advance claims can only be made if
the person falls within a class of case for which the Secretary of State is willing to
accept them. This class of case is restricted to certain prisoners.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 32

A2049

If A2048 applies then UC can be awarded subject to the condition that the person
satisfies the requirements for entitlement on the first day of the period (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 32(3)

A2050 Making a claim for PIP

A
claim (1) for PIP must be made either
1. in writing on a form authorised by the Secretary of State for that purpose and
completed in accordance with the instructions on the form (this includes by
means of an electronic communication) or
2. by telephone call to the telephone number specified by the Secretary of State
or
3. by receipt by the claimant of a telephone call from the Secretary of State
made for the purpose of enabling a claim to be made.
Note:
The DM has discretion as to the manner in which a claim can be made.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 11(1)

A2051

In the case of a claim in writing the claim must be sent to or received at an
appropriate office (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 11(2)

A2052

A claim for PIP in writing is defective if it is not completed in accordance with any
instructions of the Secretary of State (1). A telephone claim is properly completed if all
the information is provided during the call to determine the award and is defective if
not so completed (2).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 11(3); 2 reg 11(4)

A2053 A2057 A2058

If the claim is defective the Secretary of State must
1. inform the claimant of the defect and of the effect on the date of claim (1) and
2. treat the claim as properly made in the first instance if a claim completed in
accordance with any instructions of the Secretary of State is received within
one month, or such longer period as the Secretary of State considers
reasonable, from the date on which the claimant is first informed of the
defect (2).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 11(5); 2 reg 11(6)

A2054 A2058

Where
1. a claim for PIP is made (1) on behalf of a person who is said to be a person
unable for the time being to act and
2. the Secretary of State has decided not to appoint that person (2) to act on their behalf
then that claim must be treated as properly made in the first instance if a further
claim is made. That further claim must be received within one month, or such longer
period as may be considered reasonable, from the date of notification of the
decision not to appoint someone as an appointee.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 11(7) & (8); 2 reg 57
Example
A claim for PIP is made by Chris for his wife Rosie on 21 August by telephone. Chris
alleges that Rosie is unable to make the claim on her own behalf. Following a home
visit on 28 August the visiting officer decides not to appoint Chris to act on Rosie's
behalf as she is capable of managing her own affairs. The visiting officer tells Rosie
that if she makes a further claim by 27 September then the claim made on 21
August will be treated as properly made.

A2055 Date of claim for PIP A2057

The date on which a claim for PIP is made is,
1. for claims (1) made in writing by means of an electronic communication, the date
on which the claim is received at an appropriate office or
2. for claims (2) made by telephone, the date on which a claim made by telephone
is properly completed or
3. where a person first notifies an intention to make a claim (3) and provided that a
claim made by writing (produced by means other than electronic
communications) is properly completed and received at an appropriate office
within 1 month or such longer period as is considered reasonable of first
notification, the date of first notification or
4. the first day in respect of which the claim is made if later than 1, 2 or 3.
Note: If the office is closed, for example at the weekend, and a claim is delivered by
hand (or a claim would have been delivered by post if arrangements had not been
made that the PO would not deliver mail) a different date of claim applies. In such
cases the date of claim is the date the claim is delivered by hand or would have
been delivered had the office not been closed (4).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 12(1)(a); 2 reg 12(1)(b); reg 12(1)(c); 4 R(SB) 8/89

A2056

If a telephone claim or claim in writing was defective and is then corrected within
one month or such longer period as is considered reasonable then the date of claim
is the date the defective claim was received or made (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 12(2)(a)

A2057

The date of claim is the date of first notification of an intention to make a claim
where A2055 3. applies where the claim is treated as properly made in the first
instance as in A2053 2..

1 UC, PIP, JSA & ESA (C&P) Regs, reg 12(2)(b)

A2058

Where A2054 applies and the claimant completes a further claim which is defective
then if that further claim is treated as properly made in the first instance as in A2053,
the date of claim is the date on which the claim was made by the person that was
not appointed.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 12 (4)

A2059

Where an award of PIP cannot be made on the grounds of terminal illness (1),
following a claim made by a third party then the date of claim is the date that the
initial claim was made
1. if a further claim is received within one month or such longer time as is
considered reasonable from the date of notification of the decision not to
award PIP on the grounds of terminal illness (1) or
2. where the further claim as in 1. above is defective but is treated as properly
made in the first instance (2)
Note:
A third party can make a claim on the grounds that a person is terminally ill,
without having to be officially appointed to act on that person's behalf. This does not
apply where the claim is being made under the normal rules.
1 WR Act 12, s 82(4); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 12(5)
Example
David makes a claim for PIP for his mother Eleanor on 20 December. David is not
Eleanor's appointee or POA. Eleanor has severe arthritis but is not terminally ill or
incapable of managing her own affairs. Eleanor is informed that she must claim PIP
on her own behalf. She makes this further claim on 15 January. The date of claim
for PIP is 20 December.

A2060 Time limit for claiming PIP

The prescribed time for claiming PIP is the first day of the period in respect of which
the claim is made (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 27

A2061 Advance awards of PIP

An advance award of PIP may be made if the claimant does not satisfy the
conditions of entitlement on the date on which the claim is made but will satisfy them
for a future period, providing that there are no anticipated change of circumstances.
This future period must begin on a day which is not more than 3 months after the
date of the decision on the claim (1). This enables claims to be made during the
Qualifying Period for PIP.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 33(1)

A2062 Advance claims to PIP

A person already entitled to an award of PIP may make a further claim during the
period of 6 months immediately before the current award ends (1). This claim is an
advance claim to PIP. Where such a claim is made the Secretary of State may (2)
1. treat the claim as if made on the first day after the expiry of the existing award
and
2. award benefit accordingly, subject to the condition that the person satisfies
the requirement for entitlement on the date in A2062 1.
Note:
If the advance claim indicates that the claimant's circumstances are such that
the current award can be changed then it may be revised or superseded as
appropriate.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 33(2); 2 reg 33(3)

A2063

Where a claim is decided in advance it must be decided on circumstances obtaining
at the date of the decision. This excludes any prediction of what a person's
circumstances might be at the date of entiltement (1). However, the DM can take
account of any change that will inevitably occur. A change of circumstances
occurring after the claim is decided but before the date of entitlement should be
dealt with by means of revision or supersession.

1 R(DLA) 4/05

A2064

Where an advance claim which is made during existing entitlement is disallowed the
disallowance does not subsist after the date of decision. A further claim may
therefore be made between the date of the decision and the start date of further
entitlement on the basis of changes that have occurred since the decision was
given. Any award of benefit will be effective from the renewal date (1).
1 R(DLA) 4/05
Making a claim for ESA

A2065 Claims to ESA by telephone

A claim to ESA may be made by telephone call to a telephone number specified by
the Secretary of State (1). Where the Secretary of State directs that the person
approves a written statement of their circumstances then the claim is not valid until
the person complies with the direction (2).

1 UC, PIP, JSA & ESA (C&P) regs, reg 13(1); 2 reg 13(2)

A2066

In most cases it is expected that all the information necessary to determine a claim
will be provided during the initial telephone conversation. If the information is not
provided during that telephone call (for example, if the conversation is cut short
unexpectedly) the claim will be defective (1). In these circumstances the Secretary of
State must give the claimant the opportunity to provide the missing information and
also tell them what the deadline is if the date of the initial phone call is to be the date
on which the claim is treated as made (2). Information can be sent by the most suitable
means i.e. by phone or in writing. A claim will also be defective until full information
is provided where, following an initial telephone conversation, the claimant asks for
a call back to be arranged at a later date.

1 UC, PIP, JSA &ESA (C&P) regs, reg 13(3); 2 reg 13(4)

A2067

If the missing information is provided within one month of a defect being drawn to
the claimant's attention (or within such longer period as the Secretary of State
considers reasonable) the claim will be treated as having been properly made in the
first instance (1).

1 UC, PIP, JSA & ESA (C&P) regs, reg 13(5)

A2068

The
date (1) on which the claim is made or treated as made is the first date on which
1. a claim made by telephone is properly completed or
2. a person first notifies the Secretary of State of an intention to make a claim
where a claim made by telephone is properly completed within one month or
such longer period as the Secretary of State considers reasonable of first
notification or
3. a defective claim is received but is treated as properly made in the first instance
or the first day in respect of which the claim is made if later than 1. - 3.
1 UC, PIP, JSA & ESA (C&P) regs, reg 14

A2069 Claims to ESA in writing

A claim for ESA may be made in writing and must be made on an approved form
and in accordance with the instructions on the form (1). If the claim form is not
completed in accordance with the instructions on the form then the claim is
defective (2).

1 UC, PIP, JSA &ESA (C&P) regs, reg 15(1); 2 reg 15(2)

A2070

If the claim is defective the Secretary of State must advise the person making it of
the defect and the provisions relating to the date of claim (1).

1 UC, PIP, JSA &ESA (C&P) regs, reg 15(3)

A2071

If the defects are corrected and are done so within one month, or such longer period
as the Secretary of State considers reasonable, of the date the defects were first
drawn to their attention then the claim must be treated as if properly made in the first
instance (1).

1 UC, PIP, JSA &ESA (C&P) Regs, reg 15(4)

A2072

The
date (1) on which the claim is made or treated as made is the first date on which
1. a properly completed claim is received in an appropriate office or
2. a person first notifies an intention to make a claim, where a properly
completed claim form is received within one month or such longer period as
the Secretary of state considers reasonable of first notification or
3. a defective claim is received but is treated as properly made in the first instance
or the first day in respect of which the claim is made if later than 1. - 3. above.
Note: If the office is closed, for example at the weekend, and a claim is delivered by
hand (or a claim would have been delivered by post if arrangements had not been
made that the PO would not deliver mail) a different date of claim applies. In such
cases the date of claim is the date the claim is delivered by hand or would have
been delivered had the office not been closed (2).
1 UC, PIP, JSA & ESA (C&P) regs, reg 16; 2 R(SB) 8/89

A2073 Claims to ESA where there is no entitlement to SSP

A claim for ESA is treated as made on an earlier date where a person
1. has previously given notice of incapacity to an employer and
2. has been notified in writing by the employer that there is no entitlement to
SSP (1).

1 SSP (Gen) Regs, reg 7

A2074

The claim is treated as made (1) on the date that the employer accepts as the first day
of incapacity provided that the claim is made within 3 months beginning with the day
on which the claimant is notified in writing that there is no entitlement to SSP (2).
1 UC, PIP, JSA &ESA (C&P) regs, reg 17(1); 2 reg 17(2)

A2075 MA claimed before confinement

Where
1. it has been certified (1) that a woman is expected to be confined and
2. she makes a claim for MA before the confinement
that claim may, unless the DM decides otherwise, be treated as a claim for ESA (2).

1 SS (Med Ev) Regs; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 18(1)

A2076

The claim for MA can be treated as a claim to ESA (1) for the period
1. from the earlier of
1.1
the beginning of the 6th week before the EWC or
1.2 the
ADC
2. to the 14th day after the ADC.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 18(1)

A2077 MA claimed after confinement

Where
1. it has been certified (1) that a woman has been confined and
2. she makes a claim for MA within three months of the date of confinement
that claim may be treated as a claim instead of or also for ESA (2)

1 SS (Med Ev) Regs; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 18(2)

A2078

The claim to MA can be treated as a claim instead of or also for ESA for the period (1)
1. beginning with the ADC and
2. ending 14 days after that date.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 18(2)

A2079 Time limit for claiming ESA

The prescribed time for claiming ESA is the day in respect of which the claim is
made and the period of 3 months immediately following it (1). A month means a
calendar month (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 28; 2 Inte Act 78

A2080 Advance claims to ESA

An advance award may be possible if a claimant does not satisfy the conditions of
entitlement on the date on which a claim is made but will satisfy them for a future
period. The future period must begin on a day which is no more than three months
after the date of claim. The DM treats the claim as made for a period beginning with
the date from which entitlement will begin. No disallowance is needed for the period
from the date claimed to the date entitlement begins (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 34
Making a claim to JSA

A2081 Attendance at an appropriate office

A person wishing to claim JSA must (1), unless directed otherwise, attend in person at
an appropriate office or such other place, and at such time as may be specified in
the claimant's case.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 19

A2082

Where a person is required to attend an appropriate office attends at the time and
place specified and, if so requested, provides a properly completed claim form at or
before the time they are required to attend then the claim is to be treated as made
on whichever is the later of
1. first notification of intention to make that claim or
2. the first day in respect of which the claim is made.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 20(1)

A2083

Where a person is required to attend (1) but either
1. fails to do so without good cause at either the place or time or
2. does not provide a properly completed claim form at or before the time when
they are required to attend
then the claim is to be treated as made on the first day on which the person does
attend at the specified time or place or provides a properly completed claim form, or
if later, the first day in respect of which the claim is made.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 20(2)

A2084

The time for providing a properly completed claim form may be extended to a date
no later than one month after the first notification of intention to make that claim (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 20(3)

A2085 Making a claim to JSA in writing

Except where a person is required to attend at an appropriate office (1), a claim to JSA
may be made in writing on a form authorised for the purpose of the claim and
delivered or sent to an appropriate office. Such a claim must be made in accordance
with the instructions on the form.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 21(1); 2 reg 21(2)

A2086

A written claim is properly completed if completed in accordance with the instruction
on the form and defective if not so completed (1). If the claim is defective then the
claimant must be advised of that defect and the effect on the date of claim (2).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 21(3); 2 reg 21(4)

A2087

If the defects are corrected within one month, or such longer period as the Secretary
of State considers reasonable, of the date the defects were first brought to the
attention of the claimant, then the claim must be treated as having been properly
made in the first instance (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 21(5)

A2088

The date on which a written claim to JSA is made (1), or is treated as made, is the first
date on which
1. a properly completed claim form is received in an appropriate office or
2. a claimant first notifies an intention to make a claim where a properly
completed form is received in an appropriate office within one month or such
longer period as considered reasonable of first notification or
3. a defective claim is received but is treated as properly made in the first instance
or the first day in respect of which the claim is made is later than at 1 - 3.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 22

A2089 Making a claim for JSA by telephone

Except where
1. a person is required to attend an appropriate office or
2. the Secretary of State directs that the claim must be made in writing
a claim to JSA may be made by telephone to the number specified by the Secretary
of State if such a claim falls within a class of case for which telephone claims are
accepted or in any other case where the Secretary of state is willing to do so (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 23(1)

A2090

Claims made by telephone are properly completed if all the information required to
determine the claim is provided. A telephone claim is defective if this information is
not provided (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 23(2)

A2091

Where a telephone claim is defective the claimant must be advised of the defect and
the effect on the date of claim (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 23(3)

A2092

If the defect is corrected within one month, or such longer period that is considered
reasonable, of the date that the defect was first drawn to the claimants attention
then the claim must be treated as if it had been properly made in the first instance (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 23(4)

A2093

The
date (1) on which the claim is made or treated as made is the first date on which
1. a claim is properly completed or
2. a claimant first notifies an intention to make a claim where the claim is
properly completed within one month or such longer time period as is
considered reasonable of first notification or
3. a defective claim is received but is treated as properly made in the first instance
or the first day in respect of which the claim is made if later than at 1 - 3.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 24

A2094

A2095 Advance claims to JSA

An advance award of JSA may be possible if a claimant does not satisfy the
conditions of entitlement on the date on which a claim is made but will satisfy them
for a future period. The future period must begin on a day which is no more than
three months after the date of claim. The DM treats the claim as made for a period
beginning with the date from which entitlement will begin. No disallowance is
needed for the period from the date claimed to the date entitlement begins (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 34

A2096 Time limits for claiming JSA

The prescribed time for claiming JSA is the first day of the period in respect of which
the claim is made (1). However, if the claim is not made within the prescribed time then
the time for claiming can be extended by either 3 months or 1 month. In cases
where the time is extended by 1 or 3 months then the claim is treated as made on
the first day of the period of which the claim is made (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 29(1); 2 reg 29(6)

A2097 Extending the time limit for claiming JSA by 3 months A2098

The prescribed time for claiming JSA may be extended by a maximum of 3 months
to the date on which the claim is made where
1. the claim is made late and
2. one or more of the circumstances specified in A2098 apply and
3. as a result of those circumstances the claimant could not reasonably be
expected to make the claim earlier (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 29(2)

A2098 A2097

The circumstances referred to in A2097 2. are (1)
1. the claimant has difficulty communicating because of
1.1
learning, language or literacy difficulties or
1.2
the claimant is deaf or blind
and it was not reasonably practicable for the claimant to obtain assistance
from another person to make his claim or
2. the claimant was caring for a person who is ill or disabled and it was not
reasonably practicable for the claimant to obtain assistance from another
person to make his claim or
3. the claimant was given information by an officer of DWP which led them to
believe that a claim to JSA would not succeed or
4. the claimant was given written advice by a solicitor or other professional
adviser, a medical practitioner, an LA or a person working in a Citizens
Advice Bureau or similar advice agency, which led the claimant to believe that
a claim for JSA would not succeed or
5. the claimant was required to deal with a domestic emergency affecting them
and it was not reasonably practicable for them to obtain assistance from
another person to make the claim or
6. the claimant was prevented by adverse weather conditions from attending the
appropriate office.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 29(3)

A2099 Extending the time limit for claiming JSA by 1 month

The prescribed time for claiming JSA may be extended by a maximum of a month to
the date on which the claim is made where
1. the claim is made late and
2. one or more of the circumstances specified in A2100 apply and
3. as a result of those circumstances the claimant could not reasonably be
expected to make the claim earlier (1)

1 UC, PIP, JSA & ESA (C&P) Regs, reg 29(4)

A2100 A2099

The circumstances in A2100 2. are (1)
1. the appropriate office where the claimant would be expected to claim was
closed and alternative arrangements were not available or
2. the claimant was unable to attend the appropriate office due to difficulties with
their normal mode of transport and there was no reasonable alternative
available or
3. there were adverse postal conditions or
4. the claimant was previously in receipt of ESA and notification of expiry of
entitlement to that benefit was not sent to the claimant before the date that
the entitlement expired or
5. the claimant had ceased to be a member of a couple within the period of one
month before the claim was made or
6. during the period of one month before the claim was made a close relative of
the claimant had died. Close relative means partner, parent, son, daughter,
brother or sister or
7. the claimant was unable to make telephone contact with the appropriate office
where the claimant would be expected to notify an intention of making a claim
because the telephone lines to that office were busy or inoperative or
8. the claimant was unable to make contact by means of an electronic
communication where the claimant would be expected to notify an intention of
making a claim because the official computer system was inoperative.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 29(5)

A2101


A2102 Interchange with claims for other benefits

A claim to ESA by a woman may be treated in addition or in the alternative as a
claim to MA (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 25(1)

A2103

A claim to MA may be treated in addition or in the alternative as a claim to ESA (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 25(2)

A2104

Where it appears that a person who has made a claim to PIP is not entitled to it but
may be entitled to DLA or AA, the Secretary of State may treat the claim
alternatively or in addition to as a claim to either DLA or AA (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 25(3)

A2105

Where it appears that a person who has made a claim to DLA or AA is not entitled
to it but may be entitled to PIP, the Secretary of State may treat the claim
alternatively or in addition to as a claim to PIP (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 25(4)

A2106

In determining whether the Secretary of State should treat a claim alternatively or in
addition to another claim (the original claim) then the Secretary of State must treat
the alternative or additional claim, whenever made, as having been made at the
same time as the original claim (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 25(5)

A2107 After a claim has been disallowed as defective

If a claimant seeks to correct the defects in a claim after it has been disallowed as
defective the DM should
1. decide that the disallowance cannot be revised or superseded because the
submission of the new information or evidence is a change of circumstances
that occurred after the claim was decided (1) and
2. consider whether the new communication can now be taken as the start of an
attempt to make a new claim.
1 UC, PIP, JSA & ESA (D&A) Regs, reg 5(2); SS Act 98, s 8(2)(b)

A2108 No trace of claim

It may be contended that a claim has been made in writing but there is no trace of it.
There may also be situations where other information suggests that a document
was received but is no longer available or cannot be found. The DM must decide, on
the balance of probabilities, whether a claim was made and if so the date of receipt.
The normal information and evidence conditions for establishing a properly made
claim must be satisfied.

A2109

A statement that a claim was sent but never received should be considered carefully
as there may be many reasons why enquiries were delayed. The DM should obtain
evidence to support the statement if there are grounds to doubt it (1). Grounds for
doubt might exist because, for example, there is a long delay between the date it is
said that a claim was sent and the date when enquiries are made. The date which is
of relevance is the date on which the claim is made and that is the date on which the
claim is received by an appropriate office (2), not the date of sending the claim.
1 R(I) 2/51; R(SB) 33/85; 2 R(G) 2/06

A2110 Amendment of claims

A person who has made a claim may amend (1) it at any time before a determination
has been made on the claim. The amendment may be made
1. in writing received at an appropriate office or
2. by telephone call to a number specified by the Secretary of State or
3. in such other manner as the Secretary of State may decide or accept.
Any claim amended as above may be treated as if it had been amended in the first
instance.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 30

A2111 Withdrawal of claims

A person who has made a claim may withdraw (1) it at any time before a determination
has been made on the claim. The withdrawal may be made
1. in writing received at an appropriate office or
2. by telephone call to a number specified by the Secretary of State or
3. in such other manner as the Secretary of State may decide or accept.
Any such notice of withdrawal has effect when it is received.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 31

A2112 Evidence and Information in connection with a claim A2117

A person who makes a claim for benefit, or on whose behalf a claim is made (other
than JSA) may be required to (1)
1. supply information and evidence in connection with the claim or any question
arising out of it, as is considered appropriate and
2. do so in a manner as determined within one month of being required to do so
or such longer period as is considered reasonable (1).
Note:
There are specific information and evidence requirements for PIP - see ADM
Chapter P2 for information and evidence requirements for PIP.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 37(1-3)

A2113

Where a claim for UC has been made by joint claimants, information relating to that
claim may be supplied by the Secretary of State to either or both members of the
couple for any purpose connected with the claim (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 37(4)

A2114

Where a person is a member of a couple and may make a claim to UC as a single
person (1) and entitlement to UC or the amount of UC may be affected by the
circumstances of a partner (1), the Secretary of State may require the partner to
1. confirm the information given about the partner's circumstances or
2. to supply information or evidence in connection with the claim, or any
question arising out of it, as may be required
within one month of being required to do so, or such longer period as is considered
reasonable (1)

1 UC Regs, reg 3(3); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 37(5)

A2115

A landlord or rent officer may be required to supply information and evidence in
connection with a claim for UC that may include an amount for housing costs. This
must be supplied within one month or such longer period as is considered
reasonable (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 37(6)

A2116 A2117

Every person providing relevant childcare (1) where the claimant's award of UC is to
include an amount in respect of childcare costs (2) must supply information and evidence
1. in connection with the claim or
2. on any question arising out of it, as may be determined
within one month of being required to do so or such longer period as is consider
reasonable (3).

1 UC Regs, reg 35; 2 reg 31; 3 UC, PIP, JSA & ESA (C&P) Regs, reg 37(7)

A2117

Guidance at A2112 to A2116 also relate to cases where it is not a condition of
entitlement that a claim to benefit be made (1). The guidance also relates to potential
awards of benefit (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 37(8); 2 reg 37(9)

A2118 Evidence and Information in connection with an award

A2118 to A2123 apply to any person entitled to benefit, other than JSA, and any
other person by whom or on whose behalf, payments of such benefit are
receivable (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(1)

A2119

A person must supply in such manner as may be determined within the period
applicable under specified legislation (1) such information or evidence as may be
required for determining whether an award should be revised or superseded (2).
1 UC, PIP, JSA & ESA (D&A) Regs, reg 45(4)(a); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 38(2)
Note: See ADM Chapter A4 for the period in which information or evidence should
be supplied.

A2120

A person must supply in such manner and at such times as may be determined
such information or evidence as the Secretary of State may require in connection
with payment of the benefit awarded (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(3)

A2121

A person must notify any change of circumstances which the person might
reasonably be expected to know might affect (1)
1. the continuance of entitlement to benefit or
2. the amount of benefit awarded or
3. the payment of benefit
as soon as reasonably practicable after the change occurs.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(4)

A2122

The
notification (1) of a change of circumstances must be
1. given in writing or by telephone and
2. sent, delivered to or received at the appropriate office
Note:
The Secretary of State may specify that the change in circumstances must be
notified in a particular way. There is also discretion to accept notification by methods
other than by in writing (including electronic notification) or by telephone

1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(5)

A2123 A2118

Where UC has been awarded to joint claimants, information relating to that award
may be supplied by the Secretary of State to either or both members of the couple
for any purpose connected to that award (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(6)

A2124

Every person providing relevant childcare (1) where the claimant's award of UC is to
include an amount in respect of childcare costs (2) must supply information and evidence
1. in connection with the award or
2. on any question arising out of it, as may be determined
This must be done within one month of being required to do so or such longer
period as is considered reasonable (3).

1 UC Regs, reg 35; 2 reg 31; 3 UC, PIP, JSA & ESA (C&P) Regs, reg 38(7)

A2125

Where the award of UC includes an amount as a result of the claimant regularly and
substantially caring for a severely disabled person (1), the Secretary of State may
require the claimant to furnish a declaration signed by the severely disabled person
confirming the particulars of that severely disabled person, which have been given
by the claimant (2). See ADM Chapter F6.
1 UC Regs, reg 29; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 38(8)
Example
Quentin is in receipt of UC which includes the carer element as he has caring
responsibility for his disabled partner Julian. The DM asks Quentin to obtain a
written statement, signed by Julian to determine whether the details given by
Quentin are correct.

A2126 Alternative means of notifying changes of circumstances

In such cases and subject to such conditions as the Secretary of State may specify,
the duty to notify a change of circumstances may be discharged by notifying the
Secretary of State as soon as reasonably practicable where the change of
circumstances is a
1. birth or death, through an LA or a county council in England, by personal
attendance at an office specified that LA or county council, provided the
Secretary of State has agreed for it to facilitate such notification (1) or
2. death, by telephone to a telephone number specified for that purpose by the
Secretary of State (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 39(a); 2 reg 39(b)

A2127 Information provided to rent officers

DWP must provide rent officers with information that is requested to enable the rent
officer to carry out functions as in prescribed legislation (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 40(1); Housing Act 1996, s 122

A2128

The information referred to may include information required to make a
determination and may include (1)
1. the name and address of the UC claimant in respect of whom the Secretary of
State has applied for a determination
2. the amount of any rent
3. the amount of any service charge payments
4. the number of bedrooms
5. the name and address of the claimant's landlord.
Note:
Landlord means any person to whom a claimant or partner is liable to make
payments in respect of the occupation of the claimant's accommodation.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 40(2)
AS (12)9
The landlord must provide the rent officer with information or evidence as is
reasonably required to make a determination (1) and which the rent officer is not able
to obtain from DWP (2). This evidence may include whether the property is let at an
affordable rent as defined in prescribed legislation (3).
1 Rent Officers (universal Credit Functions) Order 2013;
2 UC, PIP, JSA & ESA (C&P) Regs, reg 40(3); 3 reg 40(4)

A2130 Evidence and Information required from pension fund holders A2131 A2133

Where a claimant or their partner is aged not less than 60 and is a
1. member of, or is a person deriving entitlement to a pension under a personal
pension scheme or
2. an occupational pension scheme
they must provide information where required to do so (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 41(1)

A2131

The
information (1) required in A2130 is
1. the name and address of the pension fund holder and
2. such other information including any reference or policy number needed to
enable the personal pension scheme or occupational pension scheme to be identified

1 UC, PIP, JSA & ESA (C&P) Regs, reg 41(1)(a-b)

A2132 A2133

Where the pension fund holder receives a request for details of the personal
pension scheme or occupational pension scheme then they must provide the
Secretary of State with information calculated in prescribed legislation (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 41(2)

A2133

The guidance at A2130 - A2132 does not apply to PIP (1). Any reference to "claimant"
also includes a person where it is not a condition of entitlement to benefit that a
claim is made.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 41(5)

A2134 Attendance in Person

Every person who makes a claim for benefit (apart from JSA), or any person entitled
to benefit (except JSA) and any other person by whom or on whose behalf
payments by way of such a benefit are receivable must
1. attend at such place and on such days and at such times as the Secretary of
State may direct and
2. supply information or evidence under prescribed regulations (1).
This applies to PIP claimants in cases where they are required to attend to provide
information or evidence. Prescribed legislation (2) applies to PIP claimants who may
be called for a consultation.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 35, reg 37-39 & reg 41; 2 SS (PIP) Regs, reg 9

A2135 Duration of awards

Claims for
UC (1) are to be treated as made for an indefinite period and any award is
to be made for an indefinite period.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 36(1)

A2136

A2137 Claims to JSA made during periods connected with public holidays

See Appendix 2 of this Chapter in relation to claims for JSA made during periods
connected with public holidays (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 36(2)

A2138 Appointees

The Secretary of State can appoint a person to act on behalf of someone who is or
may be entitled to benefit and is unable to act, for example because of mental
health problems. The DM should treat any action of an appointee as if it had been
taken by the claimant, noting that
1. appointments are not possible if someone has already been legally appointed
to act on behalf of the claimant. This may be a deputy, attorney or a receiver (1).
In Scotland this might be a judicial factor or any guardian acting or appointed
under specific legislation (2) who has the power to act on behalf of the claimant
2. the person must apply in writing. Individual appointees must be over 18 years
old (2)
3. an appointee can be a body of people such as a firm of solicitors or a health
authority (3).
For further details about the appointment of appointees, the DM should refer to the
Agents, Appointees, Attorneys and Deputies Guide.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 57;

2 Adults with Incapacity (Scotland) Act 2000; 3 R(SB) 2/87; R(A) 2/81

A2139

Where an appointment (1) has been made
1. it may be revoked by the Secretary of State at any time
2. the person appointed may resign after giving one months notice to do so
3. any appointment is to be terminated when the Secretary of State is notified
when a deputy, receiver, attorney or judicial factor/guardian in Scotland is
appointed with full powers.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 57(8)

A2140 Power of attorney

A POA is a legal document (a deed) by which one person gives another person
authority to handle their affairs. The power may be a
1. general power - to handle all the person's affairs
2. specific power - to handle some of the person's affairs
3. power for a limited period - for example, while the person is ill or abroad (1).

1 Power of Attorney Act 71

A2141

In England and Wales the validity of POA depends on whether it is a General or
Lasting POA (1). A General POA expires when the customer becomes mentally
incapable. A Lasting POA must be registered before it can be used. It remains valid
even after capacity is lost (2).
Note: For more information see the Agents, Attorneys, Appointees and Deputies
Guide.

1 Enduring Power of Attorney Act 85; 2 Mental Capacity Act 05

A2142

In Scotland the validity of a POA when a person becomes mentally incapable
depends on the authority used to grant the power and the date it was granted (1).
Note: For further details about POA, see the Agents, Appointees, Attorneys and
Deputies Guide.
1 Adults with Incapacity (Scotland) Act 2000

A2143 Deputies/Guardians

Where a person is incapable of managing their own affairs and therefore incapable
of authorising someone else to act on their behalf, the Court of Protection may
appoint a deputy to act for the person. A deputy who is appointed to act in all
matters may make claims to benefit without further authority from the Secretary of
State. Deputies replaced receivers in England and Wales as a consequence of
specific legislation (1). People already appointed as receivers under specified
legislation (2) will continue in that capacity but will be treated as deputies (3).

1 Mental Capacity Act 2005; 2 Mental Health Act 1983; 3 UC, PIP, JSA & ESA (C&P) Regs, reg 57

A2144

In Scotland a Sheriff may appoint a guardian to act in a similar way to a deputy (1).
Note: For further details about Deputies/Guardians, see the Agents, Appointees,
Attorneys and Deputies Guide.
1 Adults with Incapacity (Scotland) Act, s 57(1)

A2145 Claims at Death

On the death of a person who has made a claim for benefit the Secretary of State
may appoint such a person as they may think fit to proceed with the claim and any
related issue of revision, supersession or appeal (1). See ADM Chapter B1 for further
guidance on payments after death.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(1)

A2146 Requirement to attend for a consultation

Before making a decision on a claim for PIP (1) the claimant may be required to attend
and participate in a consultation with a person approved by the Secretary of State.
This also applies where a re-determination of a claimant's ability to carry out
activities is required (2). Decisions on whether a consultation is required are made by
the Health Professional. This does not apply to ESA and UC which have separate
provisions.
1 WR Act 12, s 80; PIP Regs, reg 8; reg 11

A2147 Provision of NINOs

The provision of sufficient information or evidence to establish the NINO is a specific
requirement for (1)
1. PIP
2. UC
3. ESA
4. JSA
Note: This does not apply to a child or qualifying young person in respect of whom
UC is claimed (2).

1 SS A Act 92, s 1(1A) & (1B); 2 UC, PIP, JSA & ESA (C&P) Regs, reg 5

A2148

There is no entitlement to benefits unless the claim is accompanied by sufficient
information or evidence
1. to confirm the NINO quoted belongs to the claimant and any adult affected by
the provisions
2. to enable the NINO to be traced where the NINO is unknown
3. to enable a NINO to be allocated where the claimant or adult does not have a
NINO and they apply for one (1).
1 SS (NINO: Exemption) Reg 97

Example

The claimant does not hold a NINO. The claimant should make an application for a
NINO and provide sufficient information and evidence to enable a NINO to be traced
or allocated. Notional entitlement to benefit should first be established and then the
claimant referred to the NINO allocation service.

A2149

The requirements must be satisfied each time a relevant claim to benefit is made.
The DM should not accept that they are satisfied simply because they were
accepted as satisfied on an earlier claim. Conflicts in the evidence from the claimant
and Departmental records should be resolved before the claim is referred to the DM.

A2150

If the provisions are not satisfied the DM decides that there is no entitlement
because a condition of entitlement is not met. If the NINO is produced after a
disallowance, or there is a doubt about a number during an award, reconsideration
may be appropriate.

A2151

Where a claim is made jointly from a couple the NINO provisions must be satisfied
for both claimants. If the conditions are not satisfied for either claimant the benefit
should be disallowed. If a single claimant forms a joint claim couple with someone
who was not a UC claimant and that person does not have a NINO or does apply for
one to be allocated then no award should be made.

A2152 NINO Exemptions

Where a claim to benefit is received a NINO is required for both the claimant and
any adult jointly entitled to claim. In the majority of cases where a NINO cannot be
allocated to either the claimant or any adult in the claim there are grounds for
deciding that the claimant is not entitled to the benefit.

A2153

In a small number of cases a NINO will not be allocated to a partner of the claimant
where these individuals have no right to be in the UK and do not already have a
NINO. These claims should not be disallowed for this reason. However if the partner
already possesses a NINO they are required to state this on the claim form.

A2154

Where a claimant's partner is ineligible to claim UC but is part of the assessment
unit (e.g. they do not meet the HRT) they will be referred to the NINO allocation unit.
It is not a condition of entitlement that the ineligible partner must have a NINO.
Appendix 1
Use of Electronic Communications
Definition
1
"Official computer system" means (1) a computer system maintained by or on behalf of
the Secretary of State to
1. send or receive any claim or information or
2. process or store any claim or information
Note
:
"information" includes evidence and information authorised or required to be
given in a notice or certificate
1 UC, PIP, JSA & ESA (C&P) Regs, reg 2
Use of electronic communications
2
The Secretary of State may use an electronic communication in connection with
claims for, and awards of any benefit (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 1
Conditions for the use of electronic communications by other persons
3
A person other than the Secretary of State may use an electronic communication in
connection with the matters specified in paragraph 2 if the conditions in paragraphs
4 to 8 are met (1).
Note : "Approved" means approved by means of a direction given by the Secretary
of State.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(1)
4
The first condition is that there is in force an authorisation given by the Secretary of
State by means of a direction permitting the person concerned to use electronic
communication (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(2)
5
The second condition is (1) that the person uses an approved method of
1. authenticating the identity of the sender
2. electronic communication
3. authenticating any claim or information delivered by means of electronic communication
4. submitting any claim or information to the Secretary of State.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(3)
6
The third condition is that any claim or information sent by electronic communication
is in an approved form (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(4)
7
The fourth condition is that the person keeps such records in written or electronic
form as may be specified by the Secretary of State (1) in a direction.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(5)
8
Where a person submits a claim or evidence by a method other than that approved
by the Secretary of State then that claim or evidence shall be treated as not
having been submitted (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 2(6)
Use of Intermediaries
9
The Secretary of State may use, and may require other persons to use,
intermediaries in connection with (1)
1. the delivery of any claim or evidence by means of an electronic
communication and
2. the authentication or security of anything transmitted by electronic means.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 3
Effect of delivering information by electronic means
10
Any claim or information which is delivered by electronic means is to be treated as
having been delivered on the day the conditions
1. in paragraphs 4 to 7 above and
2. under any applicable Act or regulation
are satisfied (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 4(1)
11
The Secretary of State may make a direction determining that any claim or
information is to be treated as delivered on a different day from that set out in
paragraph 10 above (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 4(2)
12
Information shall not be taken to have been delivered to an official computer system
by means of an electronic communication unless it is accepted by the system to
which it is delivered (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 4(3)
Proof of delivery
13
The use of an approved method of electronic communications is to be presumed (1),
unless the contrary is proved, to have resulted in delivery, in the case of any
1. claim or information falling to be delivered to the Secretary of State, if the
delivery is recorded on an official computer system or
2. information that falls to be delivered by the Secretary of State, if the despatch
of that information is recorded on an official computer system.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 5(1)
14
If delivery has not been recorded on an official computer system it will be presumed
that it has not taken place (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 5(2)
15
The time and date of receipt of a claim or information shall be presumed, unless the
contrary is proved, to be that recorded on an official computer system (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 5(3)
Proving the identity of a sender or recipient
16
If it is necessary to prove the identity of
1. a person who sent a claim or information to an official computer by electronic
means or
2. the recipient of a claim or information from an official computer system
the sender or recipient shall be presumed to be the person recorded as such on the
official computer system (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 6(1)
17
Any claim or information delivered by an approved method of electronic
communication on behalf of another person is to be deemed to have been delivered
by that person unless they prove that it was delivered without their knowledge or
connivance (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 6(2)
18
If it is necessary to prove the content of a claim or information sent by electronic
means, the content will be presumed to be that recorded on an official computer
system (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 2, para 7
Appendix 2
Claims for JSA during periods connected with public holidays
1
Special provisions apply where a claim to JSA is made (1)
1. in the case of Christmas and New Year holidays, in the period beginning with
the start of the 35th day before the first day of the office closure and ending on
midnight between the last day of office closure and the following day
2. in the case of Easter Holidays, in the period beginning with the start of the
16th day before the first day of the office closure and ending at midnight
between the last day of office closure and the following day
3. in the case of any other public holiday, a period beginning with the start of the
14th day before the first day of office closure and ending at midnight between
the last day of office closure and the following day
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 4, para 3
2
A claim for JSA may be treated as a claim for that benefit for a period (1) (specified in
the decision) not exceeding 35 days after the date of claim where that claim is made
during the period specified in paragraph 1.1 above.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 4, para 2(a)
3
A claim for JSA may be treated as a claim for that benefit for a period (1) (specified in
the decision) not exceeding 21 days after the date of claim where that claim is made
during the period specified in paragraph 1.2 or 1.3 above.
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 4, para 2(b)
4
"Public Holiday" means Christmas Day, Good Friday or a bank holiday, or in
Scotland a bank holiday or local holidays (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 4, para 1(a)
5
"Christmas and New Year holidays" means in
1. England and Wales, the period beginning at the start of Christmas Day and
terminating on the end of New Years Day. If New Year Day is a Sunday the
period ends at the end of 2nd January.
2. Scotland, the period beginning at the start of Christmas Day and ending on
the end of 2nd January. If New Year Day is a Saturday or Sunday the period
terminates at the end of 3rd January.
6
Easter Holidays means the period beginning at the start of Good Friday and
terminating at the end of Easter Monday.
7
"Office closure" means a period during which an appropriate office is closed in
connection with a public holiday (1).
1 UC, PIP, JSA & ESA (C&P) Regs, Sch 4, para 1(d)