
1 

(1) These regulations may be cited as the 
Social Security (Claims and Payments) Amendment Regulations 1982
and shall come into operation on 4th October 1982.
(2) In these regulations, 
“the principal regulations” means 
the Social Security (Claims
and Payments) Regulations 1979.

2 
At the beginning of regulation 16(1)
 of the principal regulations (time and manner
of payment of certain pensions and allowances) before the words “This
regulation” there is inserted “Except where benefit
is payable in accordance with regulation 16A
”.
3 
After regulation 16
of the principal regulations there is inserted the following new regulation:—
“


16A 

(1) Subject to the provisions of this regulation,
any benefit specified in paragraph (2)
may, on the claimant's application and with the consent of the Secretary of
State, be paid by way of automated or other direct credit transfer into a
bank account or other account—
(a) in the name of the beneficiary, or his
spouse, or a person authorised to receive benefit on behalf of the beneficiary,
or
(b) in the joint names of the beneficiary
and his spouse, or of the beneficiary and a person authorised to receive benefit
on his behalf.
(2) The following benefits (including, where
appropriate, increases of them) are benefits specified for the purposes of 
paragraph (1)—
(a) retirement pension of any category;
(b) widow's benefit (which in this regulation
means a widowed mother's allowance under section
25 of the Act, a widow's pension under 
section 26, and benefit by virtue of 
section 39(4) corresponding to a widow's pension
or a widowed mother's allowance);
(c) child's special allowance;
(d) attendance allowance;
(e) mobility allowance;
(f) industrial death benefit except where
it is being paid at the rate referred to in 
section 68(1) of the Act;
(g) age addition if payable together with
any benefit which is also paid under the provisions of this regulation.
(3) An application for benefit to be paid
in accordance with paragraph (1)—

(a) shall be in writing on a form approved
for the purpose by the Secretary of State or in such other manner, being in
writing, as he may accept as sufficient in the circumstances; and
(b) shall contain a statement or be accompanied
by a written statement made by the applicant declaring that he has read and
understood the conditions applicable to payment of benefit in accordance with
this regulation and in particular that he has understood the effect that 
paragraph (8) would have in the event of any
overpayment of benefit.
(4) Benefit shall be paid in accordance with 
paragraph (1) within 7 days of the last day
of each successive period of entitlement of 4 or 13 weeks as may be provided
in the application.
(5) 
Paragraphs (10) to (12) of regulation 16 shall
apply to payment of benefit under this regulation as if the reference in each
such paragraph to the appropriate day of the week for payment were a reference
to—
(a) if the benefit is mobility allowance,
Wednesday,
(b) if, when the application for payment
under this regulation is accepted, benefit is already being paid weekly, the
day of the week on which it is being so paid,
(c) in any other case, the day of the week
specified in paragraphs (5) to (8)
of regulation 16 in relation to the benefit
in question,and in each of those paragraphs as so applied the expression “the next such appropriate day” shall be construed accordingly.
(6) In respect of benefit which is the subject
of an arrangement for payment under this regulation, the Secretary of State
may make a particular payment by credit transfer otherwise than is provided
by paragraph (4)
if it appears to him appropriate to do so for the purpose of—
(a) paying any arrears of that benefit, or

(b) co-ordinating periodic crediting in respect
of different benefits, or in respect of a benefit and an increase thereof,
or
(c) making a payment in respect of a terminal
period of an award, or of the period covered by the arrangement, where that
terminal period is one of less than 4 weeks or 13 weeks, whichever is applicable
under the arrangement,or for any similar purpose.
(7) The arrangement to receive benefit in
accordance with this regulation may be terminated—
(a) by the beneficiary or a person acting
on his behalf by notice in writing delivered or sent to an office of the Department
of Health and Social Security, or
(b) by the Secretary of State if the arrangement
seems to him to be no longer appropriate to the circumstances of the particular
case.
(8) In relation to payments of benefit which
in pursuance of this regulation have been credited to a bank or other account
under an arrangement made with the agreement of the beneficiary, if in respect
of that arrangement he made a statement in accordance with 
paragraph (3) that he had read and understood
the conditions applicable to payment of benefit in accordance with this regulation, 
section 119 of the Act shall have effect as
if sub-section (2)
and the words in sub-section (2A)
from “unless it is shown” to the end of that sub-section,
(repayment of overpaid benefit not required where due care and diligence to
avoid overpayment is shown), were omitted.
(9) Where the Secretary of State certifies
that it appears to him—
(a) that an overpayment or any specified
part thereof is not materially due to the arrangement to receive benefit provided
for in this regulation; or
(b) that in the particular circumstances
of the case it would be inappropriate to apply the provisions of 
paragraph (8) to an overpayment or any specified
part thereof,the question whether repayment of the overpayment or, as the case
may be, the specified part of the overpayment is required shall be determined
in accordance with section 119
of the Act without the application of paragraph
(8) of this regulation.”.
4 
In regulation 19
of the principal regulations (time and manner of payment of age addition)
after paragraph (4)
there is inserted the following new paragraph:—“
(5) This regulation shall
not apply in any case where benefit is payable in accordance with the provisions
of regulation 16A.”.

5 
At the end of 
regulation 9 of the Mobility Allowance
Regulations 1975 (time and
manner of payment of allowance) after paragraph
(8) there is added the following new paragraph:—
“
(9) This regulation shall
not apply in any case where benefit is payable in accordance with the provisions
of regulation 16A of the 
Social Security (Claims and Payments) Regulations 1979
(payment of certain benefits by direct credit transfer).”.
6 

(1) At the end of 
regulation 14A of the Social Security
(General Benefit) Regulations 1974, the following paragraph is added—“
(6) In a case where payments
within paragraph (1)
above have been made by way of crediting a bank or other account at the request
of the beneficiary, if in relation to those payments regulations made by virtue
of section 4(4) of the 
Social Security Act 1980 modify 
section 119 of the Social Security
Act 1975, paragraph
(4) above, and in 
paragraph (5) above the words after “to
whom payment was made”, do not have effect.”.
(2) At the end of 
regulation 23 of the Mobility Allowance
Regulations 1975, the following
paragraph is added—“
(4) 
Paragraph (3) above does not apply to payments
of benefit made by way of crediting a bank or other account at the request
of the beneficiary if in relation to those payments regulations made by virtue
of section 4(4) of the 
Social Security Act 1980 modify 
section 119 of the Social Security
Act 1975.”.
7 

(1) In regulation
31 of the principal regulations (breach of
regulations) for “£50” there is substituted 
“£200” and for “£10 together
with a further £10” there is substituted “£20”
.
(2) Paragraph
(1) has effect only in relation to offences
committed after this regulation comes into operation.
Norman Fowler
Secretary of State for Social Services
31st August 1982