The Social Security (Claims and Payments) Regulations 1987

Changes over time for: Paragraph 7

Alternative versions:

01/01/2014- Amendment
04/05/2021- Amendment
11/04/2022
Point in time

Status:

Point in time view as at 11/04/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Claims and Payments) Regulations 1987, Paragraph 7.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Water chargesE+W+S

[F17.—(1) This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, [F2including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt].

(2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the [F3Secretary of State] may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, [F4but only if [F5the Secretary of State] is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.]

(3) Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and

(b)the amount which the [F6Secretary of State] estimates to be the average weekly cost necessary to meet the continuing need for water consumption.

(4) Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the [F7Secretary of State] may determine that the sum so estimated shall be adjusted for a period of 26 weeks [F8or such longer period as may be reasonable in the circumstances of the case] to take account of that credit or further debt.

(5) Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)the amount referred to in sub-paragraph (3)(a); and

(b)an amount equal to the weekly cost necessary to meet the continuing need for water consumption.

(6) When the original debt in respect of water charges is discharged [F9or is a moratorium debt], the [F10Secretary of State] may direct that the amount deductible shall be—

(a)where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and

(b)in any other case, the amount determined under sub-paragraph (5)(b).

(7) Where the beneficiary or his partner is in debt to two water undertakers—

(a)only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and

(b)a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and

(c)deductions in respect of continuing charges for both water and for sewerage may be made at the same time.

(8) [F11Subject to paragraph 8 (maximum amount of payments to third parties), a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds [F12a sum calculated in accordance with sub-paragraph 8(4);]]]

F13[F14(9)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 9 para. 7 substituted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 18

F2Words in Sch. 9 para. 7(1) substituted (3.10.1994) by The Social Security (Claims and Payments) Amendment Regulations 1994 (S.I. 1994/2319), regs. 1(1), 7(3)

F3Words in Sch. 9 para. 7(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F4Words in Sch. 9 para. 7(2) substituted (16.11.1992) by The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(a), 8(7)(a)

F5Words in Sch. 9 para. 7(2) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 16(c) (with reg. 3(1)(b), Schs. 21-23)

F6Words in Sch. 9 para. 7(3)(b) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F7Words in Sch. 9 para. 7(4) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F8Words in Sch. 9 para. 7(4) inserted (16.11.1992) by The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(a), 8(7)(b)

F9Words in Sch. 9 para. 7(6) inserted (4.5.2021) by The Social Security (Claims and Payments) (Amendment) Regulations 2021 (S.I. 2021/456), regs. 1(1), 2(5)

F10Words in Sch. 9 para. 7(6) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)