1992 c.14. Section 116(1) is cited for the meaning it ascribes to the word “prescribed”.
S.I. 1987/1967; relevant amending instrument is S.I. 1988/1445.
See Schedule 7 to S.I. 1987/1968 .
Words in reg. 1(2) inserted (7.10.96) by S.I. 1996/2344, regs. 1(1), 17(a)
Words in reg. 1(2) inserted (7.10.96) by S.I. 1996/2344, regs. 1(1), 17(b)
Words in reg 1(2) inserted (7.10.96) by S.I. 1996/2344, regs. 1(1), 17(c)
Words in heading to reg. 2 substituted (7.10.96) by S.I. 1996/2344, regs. 1(1), 18(1)
Words in heading to reg. 3 substituted (7.10.96) by S.I. 1996/2344, regs. 1(1), 19(1)
Words in reg. 8(1) substituted (7.10.96) by S.I. 1996/2344, regs. 1(1), 24(2)(a)
Words in reg. 3 substituted (27.9.1993) by The Social Security (Claims and Payments) Amendment (No. 3) Regulations 1993 (S.I. 1993/2113), regs. 1(2), 6(a)
Words in reg. 1(2) inserted (1.1.1998) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 3(1)
Words in reg. 1(2) substituted (29.11.99) by S.I. 1999/3178, art. 3, Sch. 13 para. (1)(a)
Words in reg. 1(2) omitted (29.11.99) by virtue of S.I. 1999/3178, art. 3, Sch. 13 para. 1(b)
Words in reg. 1(2) omitted (29.11.99) by virtue of S.I. 1999/3178, art. 3, Sch 13 para. 1(b)
Words in reg. 1(2) substituted (29.11.99) by S.I. 1999/3178, art. 3, Sch. 13 para. 1(c)
Words in reg. 1(2) substituted (29.11.99) by S.I. 1999/3178, art. 3, Sch. 13 para. 1(d)
Regs. 5-7A substituted for reg. 5 (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 2
Regs. 5-7A substituted for reg. 5 (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 2
Regs. 5-7A substituted for reg. 5 (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 2
Regs. 5-7A substituted for reg. 5 (reg. 7A was inserted by S.I. 1996/2344) (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 2
Reg. 8(4) substituted (29.11.99) by S.I. 1999/3178, art. 3, Sch. 13 para. 3
Reg. 10 substituted (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 4
Reg. 11 substituted (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 4
Reg. 12 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5
Reg. 13 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5
Reg. 14 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5
Reg. 15 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5
Reg. 16 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5
Sch. 1 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5.
Sch. 2 revoked (29.11.99) by S.I. 1999/3178, reg. 3, Sch. 13 para. 5.
Words in reg. 1(2) substituted (27.6.2002) by Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397), art. 1(2), Sch. para. 23
Words in reg. 1(2) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(2)(a)
Words in reg. 1(2) substituted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(2)(b)
Words in reg. 1(2) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(2)(c)
Words in reg. 2 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(3)
Words in reg. 3 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(4)
Words in reg. 4(1)(f) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(5)
Words in reg. 5 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(6)
Words in reg. 5(1)(a) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(6)
Words in reg. 8(1)(2)(3) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(7)
Words in reg. 8(5) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(7)
Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(a)
Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(b)
Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(c)
Word in reg. 1(2) omitted (27.10.2008) by virtue of Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(d)(i)
Words in reg. 1(2) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(d)(ii)
Words in reg. 1(2) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(e)
Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(2)(f)
Words in reg. 2 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(3)(a)
Words in reg. 2 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(3)(b)
Words in reg. 3 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(4)(a)
Words in reg. 3 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(4)(b)
Words in reg. 4(1)(f) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(5)
Words in reg. 5 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(6)(a)
Words in reg. 5(1)(a) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(6)(b)
Words in reg. 8(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(a)(i)
Words in reg. 8(1)(a) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(a)(iii)
Words in reg. 8(2) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(b)
Words in reg. 8(3) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(c)
Words in reg. 8(5) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(d)
Instrument applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 2 Pt. 4 (with reg. 3)
Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 8(2)
Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 8(3)
Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 8(4)
Words in reg. 1(2) added (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 8(5)
Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 8(6)
Words in reg. 2 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 9(a)
Words in reg. 2 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 9(b)
Words in reg. 3 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 10(a)
Words in reg. 3 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 10(b)
Words in reg. 5 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 11(2)
Reg. 5(1A)-(1D) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 11(3)
Reg. 5(2)-(2A) substituted (29.4.2013) for reg. 5(2) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 11(4) (with reg. 5(6) )
Reg. 5(3) omitted (29.4.2013) by virtue of The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 11(5)
Words in reg. 8(1) substituted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(a)
Reg. 8(1A) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(b)
Words in reg. 8(3) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
Words in reg. 8(5) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
Words in reg. 8(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
Words in reg.3 inserted (1.4.96) by S.I. 1996/712, regs. 1, 2
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security in exercise of powers conferred by sections 14(3), 97(5), 113 and 116(1) of, and paragraphs 1 and 6 of Schedule 4 and paragraph 6 of Schedule 8 to, the Local Government Finance Act 1992
These Regulations may be cited as the Council Tax (Deductions from Income Support) Regulations 1993 and shall come into force on 1st April 1993.
In these Regulations, unless the context otherwise requires–
“application” means an application made under regulation 2 or regulation 3 containing the information specified in regulation 4;
“authority” means–
in relation to England and Wales, a billing authority, and
in relation to Scotland, a levying authority;
“benefit week” has the meaning prescribed by regulation 2(1) of the Income Support (General) Regulations 1987
“Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987
“debtor”–
in relation to England and Wales, has the same meaning as in paragraph 6 of Schedule 4 to the Local Government Finance Act, and
in relation to Scotland, has the same meaning as in paragraph 6 of Schedule 8 to that Act;
“5 per cent. of the personal allowance for a single claimant aged not less than 25” means, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and
in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,
but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;
an income-related allowance under Part 1 of the Welfare Reform Act; and
in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;
“income support” means income support within the meaning of the Social Security Contributions and Benefits Act 1992
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;
“the Local Government Finance Act” means the Local Government Finance Act 1992;
in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987;
in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;
in the case of a person who is entitled to income-related employment and support allowance, the amount specified for the time being in paragraph 1 of column 2 of Schedule 4 to the Employment and Support Allowance Regulations 2008;
“social security office” means an office of the
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.
Where a liability order has been made against a debtor by a magistrates’ court and the debtor is entitled to income support
Where a levying authority has obtained a summary warrant or a decree against a debtor in respect of arrears of sums payable under paragraph 1(1) of Schedule 8 to the
An application shall contain the following particulars–
the name and address of the debtor;
the name and address of the authority making the application;
the name and place of the court which made the liability order or granted the summary warrant, or decree as the case may be;
the date on which the liability order was made or the summary warrant or decree granted as the case may be;
the amount specified in the liability order, summary warrant or decree as the case may be;
the total sum which the authority wishes to have deducted from income support
An authority making an application shall serve it on the Secretary of State by sending or delivering it to a social security office.
Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required for that purpose.
Subject to regulation 8, where–
the Secretary of State receives an application from an authority in respect of a debtor who is entitled to income support
the amount payable by way of that benefit, after any deduction under this paragraph, is 10 pence or more; and
the aggregate amount payable under one or more of the following provisions, namely, paragraphs 3(2)(a), 5(6), 6(2)(a) and 7(3)(a) and (5)(a) of Schedule 9 to the Claims and Payments Regulations together with the amount to be deducted under this paragraph does not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years,
the Secretary of State may deduct a sum from that benefit which is equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made or the summary warrant or the decree was granted.
Subject to paragraphs (1B) and (1C) and regulation 8, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to universal credit, the Secretary of State may deduct from the universal credit payable to the debtor an amount equal to 5 per cent. of the appropriate universal credit standard allowance and pay that sum to the authority towards satisfaction of any outstanding sum which is, or forms part of, the amount in respect of which the liability order was made or the summary warrant or decree was granted.
No amount may be deducted under paragraph (1A) where it would reduce the amount of universal credit payable to the debtor to less than 1 penny.
For the purpose of paragraph (1A), where 5 per cent. of the appropriate universal credit standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.
In paragraphs (1A) and (1C), “appropriate universal credit standard allowance” means the appropriate universal credit standard allowance for the debtor for the assessment period in question under regulation 36 of the UC Regulations.
Subject to regulation 8, where—
the Secretary of State receives an application from an authority in respect of a debtor who is entitled to contribution-based jobseeker’s allowance or contributory employment and support allowance; and
the amount of that allowance payable, before any deduction under this paragraph, is 10 pence or more,
the Secretary of State may deduct a sum from that allowance, up to the appropriate maximum specified in paragraph (2A), and pay that sum to the authority towards satisfaction of any outstanding sum which is, or forms part of, the amount in respect of which the liability order was made or the summary warrant or decree was granted.
The appropriate maximum is 40 per cent. of the appropriate age-related amount for the debtor specified—
where the debtor is entitled to contribution-based jobseeker’s allowance, in regulation 79 of the Jobseeker’s Allowance Regulations 1996 or, as the case may be, regulation 49 of the Jobseeker’s Allowance Regulations 2013;
where the debtor is entitled to contributory employment and support allowance, in paragraph 1(1) of Schedule 4 to the Employment and Support Allowance Regulations 2008 or, as the case may be, regulation 62(1)(b) of the Employment and Support Allowance Regulations 2013.
The Secretary of State shall notify the debtor and the authority concerned in writing of a decision to make a deduction under this regulation so far as is practicable within 14 days from the date on which he made the decision and at the same time shall notify the debtor of his right of appeal.
The Secretary of State shall make deductions from
the debtor is entitled to income support
no deductions are being made in respect of the debtor under any other application; and
no payments are being made under regulation 2 of the Community Charge (Deductions from Income Support) (Scotland) Regulations 1989 or regulation 2 of the Community Charge (Deductions from Income Support) (No.2) Regulations 1990.
The Secretary of State may make deductions from universal credit under regulation 5(1A) only if—
the debtor is entitled to universal credit throughout any assessment period;
no deductions are being made in respect of the debtor under any other application; and
no payments are being made under regulation 2 of the Community Charge (Deductions from Income Support)(Scotland) Regulations 1989 or regulation 2 of the Community Charge (Deductions from Income Support)(No.2) Regulations 1990.
The Secretary of State shall make deductions from income support
The Secretary of State shall cease making deductions from income support
there is no longer sufficient entitlement to income support
an authority withdraws its application for deductions to be made; or
the debt in respect of which he was making the deductions is discharged.
The Secretary of State shall not determine any application under regulation 2 or 3 which relates to a debtor in respect of whom–
he is making deductions; or
deductions fall to be made,
pursuant to an earlier application under either of those regulations until no deductions pursuant to that earlier application fall to be made.
Payments of sums deducted from income support
Where the whole of the amount to which the application relates has been paid, the authority concerned shall, so far as is practicable, give notice of that fact within 21 days to the Secretary of State.
The Secretary of State shall notify the debtor in writing of the total sums deducted by him under any application–
on receipt of a written request for such information from the debtor; or
on the termination of deductions made under any such application.
An authority may withdraw an application at any time by giving notice in writing to the social security office to which the application was sent or delivered.
Any decision of the Secretary of State under regulation 5 may be revised under section 9 of the 1998 Act or superseded under section 10 of that Act as though the decision were made under section 8(1)(c) of that Act.
Any decision of the Secretary of State under regulation 5 (whether as originally made or as revised under regulation 10) may be appealed to a tribunal as though the decision were made on an award of a relevant benefit (within the meaning of section 8(3) of the 1998 Act) under section 8(1)(c) of the 1998 Act.
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations) These Regulations provide for deductions to be made from income support where a liability order, a summary warrant or a decree has been obtained against a person (the debtor) to meet the sums due in respect of council tax owed by the debtor. The Regulations further provide that where an application to make such deductions is received by the Secretary of State from a billing or levying authority the application shall be referred to an adjudication officer. The adjudication officer shall determine whether there is sufficient income support to allow such deductions to be made. Provision is also made (in regulation 8(4)) for deductions to be made in respect of one application at a time. The Regulations also establish circumstances in which deductions should cease. Payment of deductions is to be made so far as practicable at intervals of not more than 13 weeks by the Secretary of State to the billing or levying authority as the case may be. Provision is also made for appeals by the debtor from the decision of the adjudication officer to the social security appeal tribunal and for further appeal by the debtor and the adjudication officer to the Social Security Commissioners and from there by the debtor, adjudication officer or Secretary of State to the Court of Appeal. Incidental provision is made for setting aside decisions, correcting decisions, the withdrawal of applications, time limits for making appeals and applications and service of notices.