My client applied for a Maternity Grant by post within the 3 month time limit, but DWP say the form was not received. My client was not aware of this until the 3 months was almost up, but filled in a new form and took it to the local Jobcentre Plus office on the last day of the 3 months, but they refused to accept it or to fax it to the Social Fund office.

My client rang the Social Fund office from the Jobcentre and was told she would have to post the form, but that, as it would arrive after the time limit had expired, her claim would not be considered in any case - she decided there was no point sending in the claim and destroyed the form.

I became involved in the following month and we submitted a new claim, which was refused as out of time. We have appealed this and the DWP have reconsidered the claim, but refused it again and passed to the Tribunals Service, simply citing the regulations which state the claim must be made within the 3 month time limit.

Do the regulations include any flexibility to cover extenuating circumstances such as these or is the appeal hopeless?

Otherwise, is there any mechanism for making a claim against the DWP, as their refusal to accept the form at the Jobcentre led to my client not putting in her claim on time?

Any advice or suggestions gratefully received!

There is no discretion to extend the three month time limit. However, the refusal by the jobcentre to accept the claim is unlawful.

Regulation 4(6)(b) of The Social Security (Claims and Payments) Regulations 1987 states that (other than a claim for JSA) a claimant “shall deliver or send the claim to an appropriate office”.

Regulation 2(1) defines “appropriate office” as “an office of the DWP……” the rest of the regulation is not relevant to most cases as it mainly concerns crown servants posted overseas.

A claim for a Maternity Grant is covered under the regulations by regulation 2(2)(b).

Many thanks, nevip, that's really helpful.

Does anyone have a link to the regulations which nevip has quoted - I can only find versions on the internet which seem to be earlier and I would like to be word-perfect on the latest version.

Many thanks in anticipation.

you'll find a link to the 'consolidated' social security regulations in rightsnet toolkit .. under legislation / Consolidated legislation / The Law Relating to Social Security ...

once there .. click on 'list of statutory instruments' and then navigate to those issued in 1987 .... then you'll need the SI number for the claims and payments regulations (which is 1968) ... and hey presto ... you'll arrive here ...

http://www.dwp.gov.uk/docs/a1_5501.pdf

C&P regs 1987 (from CPAG online service)

2.–(1) In these Regulations, unless the context otherwise requires–

“appropriate office” means an office of the Department for Work and Pensions and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Secretary of State for that purpose.

(6) Subject to paragraphs (6A) to (6D), a person wishing to make a claim for benefit shall–

(a) if it is a claim for a jobseeker’s allowance, unless the employment officer otherwise directs, attend in person at an appropriate office or such other place, and at such time, as the employment officer may specify in his case in a notification under regulation 23 or 23A of the Jobseeker’s Allowance Regulations;

(b) if it is a claim for any other benefit, deliver or send the claim to an appropriate office.

Many thanks to you both - amazingly helpful as ever.

As a postcript. You need to be careful with regulations online as both Acts and statutory instruments are in their original, unamended form and might therefore not be totally reliable.

For up to date amended regulations then check the Statute Law Database website.

Thanks, nevip, I''ll certainly bear that in mind.

Having said that, the link that Shawn provided gives the amended version. The main problem lies with the Office for Public Sector Information website which is where the link in the toolkit area of Rightsnet takes you too.

hi nevip -

the link from toolkit to the consolidated regs takes you to them on the DWP site .... the OPSI links are housed under different headings ('Acts of Parliament' and 'Statutory instruments')

cheers - shawn