Loading ADM ...

Chapter B1: Payment of UC, PIP, ESA and JSA

Contents
B1001:Scope of Chapter
When this guidance applies from
B1002:PIP
B1003:UC, ESA and JSA
When UC, PIP, ESA and JSA payments are made
Time of payment
B1004:General
How UC, PIP, ESA and JSA payments are made
B1005:Direct credit transfer
B1006:Simple Payment service
B1008:ESA and JSA payments
When and how UC payments are made
B1021:Period and timing of UC payments
B1022:Payments of UC at other times
Payment of UC to joint claimants
B1024:Nomination of bank or other account
B1025:Which member of the couple may receive UC payments
B1026:Splitting UC payments between the couple
B1027:UC claimant claims SPC in advance
When and how PIP payments are made
B1041:Period of PIP payments
B1042:Claimant suffering from a terminal illness
B1043:Amount of PIP less than £5.00 a week
B1044:PIP pay day
B1045:Payments of PIP at a daily rate
Payments of PIP at a daily rate between periods in hospital or
other accommodation
B1047:General
When and how ESA payments are made
B1061:Period and timing of ESA payments
B1062:ESA pay day
B1063:Change to ESA payment period
B1064:Payments of ESA at other times
B1065:Change to ESA pay day
B1066:Payments of ESA less than £1.00 a week
B1067:Payments of ESA less than 10 pence a week
B1068:Payments of ESA affected by office closure
B1069:Definition of "benefit week"
B1070:Definition of "office closure"
B1071:Definition of "public holiday"
When and how JSA payments are made
B1101:Period of JSA payments
B1102:Payments of JSA at other times
B1103:Payments of JSA less than £1.00 a week
B1104:Payments of JSA less than 10 pence a week
B1105:Payments of JSA affected by office closure
B1106:Definition of "benefit week"
B1107:Definition of "office closure"
B1108:Definition of "public holiday"
B1121:Fractional amounts of UC, PIP, ESA and JSA
B1122:Payments of UC, PIP, ESA and JSA to persons under age 18
Failure to obtain payment within 12 months
B1131:General
B1132:Right to payment - start of the 12 month period
B1134:Right to payment - extension of the 12 month period
B1151:Payment after claimant's death
B1157:Definition of "next of kin"
Person unable to act
B1171:Person acting on claimant's behalf
Payment to another person on the claimant's behalf
B1172:UC
B1173:PIP

Chapter B1: Payment of UC, PIP, ESA and JSA

B1001 Scope of Chapter

This Chapter gives guidance on when and how payments of
1. UC
2. PIP
3. new style ESA (hereafter referred to as ESA)
4. new style JSA (hereafter referred to as JSA)
are made.
Note 1: ADM Chapter M1 contains guidance on the meaning of new style ESA and
new style JSA.
Note
2: DMG Chapter 08 contains guidance on when and how payments are made
for benefits other than those listed above.
When this guidance applies from

B1002 PIP

This guidance applies to payments of PIP made from and including 8.4.131.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 1(2)

B1003 UC, ESA and JSA

This guidance applies to payments of
1. UC
2. ESA
3. JSA
made from and including 29.4.131.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 1(3)
When UC, PIP, ESA and JSA payments are made
Time of payment

B1004 General

Subject to B1005 to B1173, UC, PIP, ESA and JSA must be paid in accordance with
an award as soon as reasonably practicable after the award has been made (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 45
How UC, PIP, ESA and JSA payments are made

B1005 Direct credit transfer « B1004

Payments of UC, PIP, ESA or JSA are paid by DCT into a bank or other account (1)
1. in the name of the person entitled to the benefit or
1.1 the person's partner or
1.2 a person appointed under specified legislation (2) (see Part 5 of the
Agents, Appointees, Attorneys and Deputies Guide) or
1.3 a person referred to in specified legislation (3) (eg. persons appointed to
act under mental capacity law - see Parts 2, 3 and 4 of the Agents,
Appointees, Attorneys and Deputies Guide) or
2. in the joint names of the person entitled to the benefit and their partner or
3. in the joint names of the person entitled to the benefit and
3.1 a person appointed under legislation (4) (see Part 5 of the Agents,
Appointees, Attorneys and Deputies Guide) or
3.2 a person referred to in legislation (5) (eg. persons appointed to act under
mental capacity law - see Parts 2, 3 and 4 of the Agents, Appointees,
Attorneys and Deputies Guide) or
4. in the name of such persons as are mentioned in legislation (6) (eg. persons
appointed to act under mental capacity law - see Parts 2, 3 and 4 of the
Agents, Appointees, Attorneys and Deputies Guide).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 46(1); 2 reg 57(1); 3 reg 57(2); 4 reg 57(1);
5 reg 57(2); 6 reg 57(2)

B1006 Simple Payment service

The SimP service is a method of paying UC, PIP, ESA and JSA which is specifically
designed for those claimants who, for the purposes of receiving their benefit
payments, are unable to make use of mainstream accounts such as :
1.
a bank account :
2.
a building society account :
3.
a basic bank account :
4.
a credit union account :
5.
a PO account.

B1007

Payments made under the SimP service are based on an electronic transfer of funds
and should be treated as a DCT payment.

B1008 ESA and JSA payments

ESA and JSA payments are to be paid by DCT within 7 days of the last day of each
successive period of entitlement (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 46(2)

Example 1

Robin is in receipt of ESA. He is entitled to a payment for the period from 8
November to 21 November. That payment should be credited to Robin's bank
account within 7 days of 21 November. Robin's next payment for the period from 22
November to 5 December should be credited to his bank account within 7 days of 5
December.

Example 2

Lisa is in receipt of JSA. She is entitled to a payment for the period from 10 July to
23 July. That payment should be credited to Lisa's bank account within 7 days of 23
July. Lisa's next payment for the period from 24 July to 6 August should be credited
to her bank account within 7 days of 6 August.

[B1009-B1020]

When and how UC payments are made

B1021 Period and timing of UC payments

Except where the DM arranges otherwise, UC is payable monthly in arrears in
respect of each assessment period (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 47(1)

B1022 « B1023

UC is to be paid by DCT within 7 days of the last day of the assessment period.
However, if it is not possible to do so, it must be paid as soon as reasonably
practicable afterwards (1).
Note
1: Operational guidance on the limited circumstances when a claimant may be
paid UC other than monthly is available.
Note
2: ADM Chapter E2 contains further guidance on assessment periods for UC.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 47(2)

Example

Ian is entitled to a UC payment for the monthly assessment period from 2 October to
1 November. That payment should be credited to his bank account within 7 days of 1
November.

B1023 Payments of UC at other times

The DM may make UC payments by DCT and other than in accordance with B1022,
if it appears appropriate to do so for the purpose of :
1.
paying any arrears of benefit or :
2.
making a payment in respect of a terminal period of an award (see B1027 for
guidance on when this arises) or :
3.
for any similar purpose (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 47(3)
Payment of UC to joint claimants

B1024 Nomination of bank or other account

UC joint claimants may nominate a bank or other account into which that benefit is to
be paid (1). Where they have not done so, the DM may nominate a bank or other
account on their behalf (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 47(4); 2 reg 47(5)

B1025 Which member of the couple may receive UC payments

UC payments made to joint claimants may be paid wholly to only one member of the
couple, if the DM considers it to be in the interests of (1)
1. the claimants or
2. a child (2) or a qualifying young person (3) for whom the claimant or their partner or
both are responsible or :
3.
a severely disabled person, where the claimant's UC award includes, by virtue
of specified legislation (4), an amount in respect of the fact that a claimant has
regular and substantial caring responsibilities for that severely disabled
person.
Note 1: Operational guidance on deciding which member of a couple may receive
payments of UC is available.
Note 2: ADM Chapter F1 contains further guidance on being responsible for a child
or qualifying young person.
Note 3: ADM Chapter F6 contains further guidance on the meaning of a severely
disabled person and regular and substantial caring responsibilities.
1 SS A Act 92, s 5(3B); UC, PIP, JSA & ESA (C&P) Regs, reg 47(6); 2 WR Act 12, s 40; 3 UC Regs, reg 5;
4 UC Regs, reg 29

B1026 Splitting UC payments between the couple

UC payments made to joint claimants may be split between the couple, in such a
proportion as the DM sees fit, if it is in the interests of (1)
1. the claimants or
2. a child (2) or a qualifying young person (3) for whom the claimant or their partner or
both are responsible or :
3.
a severely disabled person, where the claimant's UC award includes, by virtue
of specified legislation (4), an amount in respect of the fact that a claimant has
regular and substantial caring responsibilities for that severely disabled
person.
Note: Operational guidance on the splitting of UC payments between the couple is
available.
1 SS A Act 92, s 5(3B); UC, PIP, JSA & ESA (C&P) Regs, reg 47(6); 2 WR Act 12, s 40; 3 UC Regs, reg 5;
4 UC Regs, reg 29

B1027 UC claimant claims SPC in advance « B1023

Where a UC claimant reaches the qualifying age (1) and makes an advance claim for
SPC, the award of UC is superseded in accordance with specified legislation (2). With
effect from the date the claimant reaches that qualifying age, the amount payable in
respect of the last assessment period, if it is a period of less than 1 month, is to be
calculated as follows:
A x12
Nx
365 For the purposes of this formula
N = the number of days in the period and
A = the amount calculated in relation to that period as if it were an assessment
period of 1 month (3).
1 SPC Act 02, s 1(6); 2 UC, PIP, JSA & ESA (D&A) Regs, Sch 1, para 26;
3 UC, PIP, JSA & ESA (C&P) Regs, reg 47(7)

Example

Bruce is entitled to UC amounting to £311.55 per assessment period and is due to
be paid for the period from 3 December to 2 January. He has made an advance
claim for SPC as he will reach qualifying age on 16 December. The UC award is
superseded from and including 16 December. The amount of UC payable in respect
of the last assessment period is calculated (using the above formula) as follows:
N = 13 (period from 3 December to 15 December)
A = £311.55 (monthly UC entitlement)
Calculation = 13 x (£311.55 x 12) ÷ 365 = £133.16
Bruce is entitled to UC amounting to £133.16 in respect of the last assessment
period.

[B1028-B1040]

When and how PIP payments are made

B1041 Period of PIP payments

Subject to B1042 to B1043 and B1047, PIP is payable at intervals of 4 weeks in
1
arrears .
1 UC, PIP, JSA & ESA (C&P) Regs, reg 48(1)

B1042 Claimant suffering from a terminal illness « B1041

Where a claimant is suffering from a terminal illness and has been awarded PIP
under relevant legislation (1), the DM may arrange for it to be paid at intervals of one
week in advance (2).
Note: ADM Chapter P2 contains further guidance on terminally ill claimants.
1 WR Act 12, s 82; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 48(2)

B1043 Amount of PIP less than £5.00 a week « B1041

Where the amount of PIP payable is less than £5.00 a week, the DM may arrange
for it to be paid in arrears at intervals not exceeding 12 months (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 48(3)

B1044 PIP pay day « B1046

Subject to B1045 to B1046, PIP is payable on the day of the week on which the DM
makes a decision to award that benefit. However, where the decision to award PIP is
made on a Saturday or Sunday, the benefit is to be paid on such day of the week as
the DM may direct in any case (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 49(1)

B1045 Payments of PIP at a daily rate « B1044

Where there is a change in the day on which PIP is payable, it must be paid at a
daily rate of 1/7th of the weekly rate in respect of any of the days for which payment
would have been made but for that change (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 49(3)

B1046 « B1044

Where
1. the amount of PIP payable changes or
2. entitlement to PIP ends
and these events do not occur on the day of the week referred to in B1044, PIP will
be paid at a daily rate of 1/7th of the weekly rate (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 49(4)
Payments of PIP at a daily rate between periods in hospital or other accommodation

B1047 General « B1041

For any day falling within a period to which specified legislation (1) applies, PIP is
payable at a daily rate (which is equal to 1/7th of the weekly rate) and is to be paid
weekly or as the DM may otherwise direct (2).
Note: ADM Chapter P4 contains further guidance on payments of PIP in these
circumstances.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 50(2); 2 reg 50(1)

[B1048-B1060]

When and how ESA payments are made

B1061 Period and timing of ESA payments « B1062 « B1064

Subject to B1063 to B1068, ESA is paid by DCT fortnightly in arrears on the day
determined in accordance with B1062 (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(1)

B1062 ESA pay day « B1061

The day specified for the purposes of B1061 is determined by the last 2 digits of the
claimant's NINO as shown in the following table (1).
NINO - last 2 digits
ESA pay day
00 to 19
Monday
20 to 39
Tuesday
40 to 59
Wednesday
60 to 79
Thursday
80 to 99
Friday
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(2)

Example

Ronnie's NINO is WK (07)1016B. His ESA payday is Monday.

B1063 Change to ESA payment period « B1061

In certain circumstances, the DM may arrange for the claimant to be paid ESA
otherwise than fortnightly (1).
Note: Operational guidance on the circumstances when a claimant may be paid
ESA other than fortnightly is available.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(3)

B1064 Payments of ESA at other times

The DM may make a payment of ESA by DCT and other than as in B1061, if it
appears appropriate to do so for the purpose of
1. paying any arrears of benefit or
2. making a payment in respect of a terminal period of an award or
3. for any similar purpose (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(4)

B1065 Change to ESA pay day

The DM may, in any particular case or class of case, arrange that ESA is paid on
any day of the week. Where the day on which ESA is payable is changed, it must be
paid at a daily rate of 1/7th of the weekly rate for any days for which payment would
have been made, but for that change (1).
Note: Operational guidance on the payment of ESA on any day of the week is
available.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(5)

B1066 Payments of ESA less than £1.00 a week

Where the weekly amount of ESA is less than £1.00 it may be paid in arrears at
intervals of not more than 13 weeks (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(6)

B1067 Payments of ESA less than 10 pence a week

Where the weekly amount of ESA is less than 10 pence, that allowance is not
payable (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(7)

B1068 Payments of ESA affected by office closure « B1061 « B1069 « B1070

Where ESA is normally paid in arrears and payment would be affected by office
closure, the DM may decide to make the payment, for that benefit week, on any day either
1. wholly in advance or
2. partly in advance and partly in arrears (1)
in which case, it will for any other purposes, be treated as if it were paid in arrears (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(8); 2 reg 51(9)

B1069 Definition of "benefit week"

For the purpose of B1068, benefit week means a period of 7 days beginning or
ending with such day as the DM may direct (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(10)

B1070 Definition of "office closure" « B1071

For the purposes of B1068, office closure means a period during which an
appropriate office is closed in connection with a public holiday (1).
Note: ADM Chapter A2 contains further guidance on the meaning of appropriate
office.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(11)

B1071 Definition of "public holiday"

For the purposes of B1070, public holiday means (1)
1. in England and Wales
1.1
Christmas Day or
1.2
Good Friday or
1.3
a Bank Holiday under specified legislation (2) or
2. in
Scotland
2.1
a Bank Holiday under specified legislation (3) or
2.2
a local holiday.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 51(12); 2 Banking & Financial Dealings Act 1971 s 1 & Sch 1;
3 Banking & Financial Dealings Act 1971 s 1 & Sch 1

[B1072-B1100]

When and how JSA payments are made

B1101 Period of JSA payments « B1102

Unless the DM arranges otherwise and subject to B1102 to B1105, JSA is paid
fortnightly in arrears (1).
Note: Operational guidance on the circumstances when a claimant may be paid JSA
other than fortnightly in arrears is available.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(1)

B1102 Payments of JSA at other times « B1101

The DM may make a payment of JSA by DCT and other than as in B1101, if it
appears appropriate to do so for the purpose of
1. paying any arrears of benefit or
2. making a payment in respect of a terminal period of an award or
3. for any similar purpose (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(2)

B1103 Payments of JSA less than £1.00 a week

Where the amount of JSA is less than £1.00 a week, the DM may direct that it is to
be paid at intervals not exceeding 13 weeks (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(3)

B1104 Payments of JSA less than 10 pence a week

Where the weekly entitlement of JSA is less than 10 pence a week, that allowance is
not payable (1).
1 JSA Regs 13, reg 52

B1105 Payments of JSA affected by office closure « B1101 « B1106 « B1107

Where JSA is normally paid in arrears and payment would be affected by office
closure, the DM may decide to make the payment, for that benefit week, on any day either
1. wholly in advance or
2. partly in advance and partly in arrears (1)
in which case, it will for any other purposes, be treated as if it were paid in arrears (2).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(4); 2 reg 52(5)

B1106 Definition of "benefit week"

For the purpose of B1105, benefit week means (1) a period of 7 days ending with a day
which is determined by the last 2 digits of the claimant's NINO as shown in the
following table (2).
NINO - last 2 digits
JSA pay day
00 to 19
Monday
20 to 39
Tuesday
40 to 59
Wednesday
60 to 79
Thursday
80 to 99
Friday
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(6); 2 JSA Regs 13, reg 2(2)

Example

Julie's NINO is NM (23)1142A. Her JSA pay day is Wednesday.

B1107 Definition of "office closure" « B1108

For the purposes of B1105, office closure means a period during which an
appropriate office is closed in connection with a public holiday (1).
Note: ADM Chapter A2 contains further guidance on the meaning of appropriate
office.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(7)

B1108 Definition of "public holiday"

For the purposes of B1107, public holiday means (1)
1. in England and Wales
1.1
Christmas Day or
1.2
Good Friday or
1.3
a Bank Holiday under specified legislation (2) or
2. in
Scotland
2.1
a Bank Holiday under specified legislation (3) or
2.2
a local holiday.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 52(8); 2 Banking & Financial Dealings Act 1971 s 1 & Sch 1;
3 Banking & Financial Dealings Act 1971 s 1 & Sch 1

[B1109-B1120]

B1121 Fractional amounts of UC, PIP, JSA and ESA

Where, at the end of a calculation, an amount of UC, PIP, JSA or ESA which is
payable includes a fraction of a penny, that fraction is to be disregarded if it is less
than half a penny. If it is half a penny or more it is treated as a penny (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 53

B1122 Payments of UC, PIP, JSA and ESA to claimants under age 18

Where UC, PIP, JSA or ESA is paid by DCT or by some other means, to a claimant
under the age of 18, this is sufficient to discharge the DM's liability to make
payment (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 54

[B1123-B1130]

Failure to obtain payment within 12 months

B1131 General « B1151 « B1152

Subject to B1134, a claimant's right to a payment of benefit ends if they do not
obtain payment within 12 months of the date that right to payment arose (1). This rule
also applies to a person (2) :
1.
appointed under specified legislation (3) (see Part 5 of the Agents, Appointees,
Attorneys and Deputies Guide) or :
2.
referred to in specified legislation (4) (eg. persons appointed to act under mental
capacity law - see Parts 2, 3 and 4 of the Agents, Appointees, Attorneys and
Deputies Guide).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 55(1); 2 reg 55(5); 3 reg 57(1); 4 reg 57(2)

B1132 Right to payment - start of the 12 month period « B1133

A right to payment will arise where
1. a sum has been calculated (1) and :
2.
notice is given or sent that the sum is ready for collection, on the date of that
notice or, if more than one notice date is given or sent, the date of the first
such notice (see also B1133) and :
3.
the DM has arranged for the sum to be paid by DCT on the due date for
payment, or in the case of UC, the date of payment or
4. if neither
2. or 3. applies, on such date as the DM determines (2).

1 R(U) 1/02; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 55(2)

B1133 « B1132

Giving or sending a notice as in B1132 2. is effective even where the sum contained
in the notice is more or less than the sum which the person has the right to receive (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 55(3)

B1134 Right to payment - extension of the 12 month period « B1131 « B1151 « B1152

Where a question arises as to whether the right to payment of any benefit has been
extinguished and the DM is satisfied that :
1.
he first received written notice requesting payment of that sum after the
expiration of 12 months from the date on which the right is to be treated as
having arisen and :
2.
from a day within that period of 12 months and continuing until the day the
written notice was given, there was good cause for not giving the notice and :
3.
no payment has been made by DCT
the period of 12 months is to be extended to the date on which the DM decides that
question (1). This means that a new 12 month period starts on that date.
Note: DMG Chapter 02 contains further guidance on good cause.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 55(4)

[B1135-B1150]

B1151 Payment after claimant's death « B1152 « B1152 « B1153 « B1154 « B1154 « B1156 « B1157

Subject to B1155 and B1156, where a person dies after making a claim for benefit,
the DM may pay or distribute any benefit payable (subject to B1131 to B1134) to or
amongst persons over the age of 16, appointed by the DM, who are
1. personal representatives or
2. legatees
or :
3.
next of kin or
4. creditors
of the deceased (1).
Note: ADM Chapter A2 contains further guidance on the appointment of persons to
act in the event of a claimant's death.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(2)

B1152 « B1154 « B1154

Where
1. a deceased person had not obtained payment at the date of death and :
2.
right to payment was not extinguished
any sum payable may be paid or distributed as in B1151. Where the rules as in B1131to B1134 apply, the period of 12 months is calculated from the date on which
right to payment of any sum is treated as having arisen in relation to any person
described in B1151 (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(3)

B1153

Payment made by DCT or by some other means, to any person mentioned in B1151
is sufficient to discharge the DM's liability to make payment (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(4)

B1154

Where the DM is satisfied that benefit payable in accordance with B1151 or B1152,
or any part of it, is needed for the well-being of a person under the age of 16, the DM
can pay that sum, or part of it, to a person over the age of 16, provided he is
satisfied that that person will use it for the well-being of the person who is under the
age of 161.

1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(5)

[B1155]

B1151and B1152 do not apply unless written application for payment of any sum is
made to the DM within 12 months from the date of the deceased's death or within
such longer period as the DM may allow in a particular case (1).

1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(6)

B1156 « B1151

The DM does not require strict proof of title of any person listed in B1151 (1).
1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(7)

B1157 Definition of "next of kin"

For the purposes of B1151, next of kin means (1) :
1.
in England and Wales
1.1 the persons who would take beneficially on an intestacy and
2. in
Scotland
2.1 the persons entitled to the moveable estate of the deceased on
intestacy.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 56(8)

[B1158-B1170]

Person unable to act
Person acting on claimant's behalf

B1171

Where a person has been appointed to act on the claimant's behalf and a payment
is made by DCT to that person, this is sufficient to discharge the DM's liability to
make payment (1).
Note: ADM Chapter A2 and the Agents, Appointees, Attorneys and Deputies Guide
contain further guidance on persons appointed to act on a claimant's behalf.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 57(7)
Payment to another person on the claimant's behalf

B1172 UC

The DM may direct that UC be paid either wholly or in part, to another person on the
claimant's behalf, if it is considered necessary to protect the interests of (1)
1. the claimant or
2. their partner
or
3. a
child (2) or qualifying young person (3) for whom the claimant or their partner or
both are responsible for or :
4.
a severely disabled person, where the claimant's UC award includes, by virtue
of specified legislation (4), an amount in respect of the fact that the claimant has
regular and substantial caring responsibilities for that severely disabled
person.
Note 1: ADM Chapter F1 contains further guidance on being responsible for a child
or qualifying young person.
Note 2: ADM Chapter F6 contains further guidance on the meaning of a severely
disabled person and regular and substantial caring responsibilities.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 58(1); 2 WR Act 12, s 40; 3 UC Regs, reg 5; 4 UC Regs, reg 29

B1173 PIP « B1004

PIP may be paid wholly to another person on the claimant's behalf if it appears
necessary to protect the claimant's interests (1).
Note: Operational guidance on when this may apply is available.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 58(2)

[B1174-B1999]