Circumstances, time of making and termination of deductionsE+W+S
8.—(1) The Secretary of State shall make deductions from [income support[, state pension credit][, jobseeker’s allowance or employment and support allowance] under [regulation 5(1) or (2)]] only if–
(a)the debtor is entitled to income support[, state pension credit][, jobseeker’s allowance or employment and support allowance] throughout any benefit week;
(b)no deductions are being made in respect of the debtor under any other application; and
(c)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.
[(1A) The Secretary of State may make deductions from universal credit under regulation 5(1A) only if—
(a)the debtor is entitled to universal credit throughout any assessment period;
(b)no deductions are being made in respect of the debtor under any other application; and
(c)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.]
(2) The Secretary of State shall make deductions from income support[, [universal credit,] state pension credit][, jobseeker’s allowance or employment and support allowance] by reference to the times at which payment of income support[, [universal credit,] state pension credit][, jobseeker’s allowance or employment and support allowance] is made to the debtor .
(3) The Secretary of State shall cease making deductions from income support[, [universal credit,] state pension credit][, jobseeker’s allowance or employment and support allowance] if–
(a)there is no longer sufficient entitlement to income support[, [universal credit,] state pension credit][, jobseeker’s allowance or employment and support allowance] to enable him to make the deduction;
(b)an authority withdraws its application for deductions to be made; or
(c)the debt in respect of which he was making the deductions is discharged.
[(4) The Secretary of State shall not determine any application under regulation 2 or 3 which relates to a debtor in respect of whom–
(a)he is making deductions; or
(b)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.]
(5) Payments of sums deducted from income support[, [universal credit,] state pension credit][, jobseeker’s allowance or employment and support allowance] by the Secretary of State under these Regulations shall be made to the authority concerned, as far as is practicable, at intervals not exceeding 13 weeks.
(6) 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.
(7) The Secretary of State shall notify the debtor in writing of the total sums deducted by him under any application–
(a)on receipt of a written request for such information from the debtor; or
(b)on the termination of deductions made under any such application.
Textual Amendments
Marginal Citations