The Social Security (Miscellaneous Provisions) Amendment Regulations 1991

Amendment of paragraph 7 of Schedule 9 to the Claims and Payments Regulations

18.  For paragraph 7 of Schedule 9 to the Claims and Payments Regulations (water charges) there shall be substituted the following paragraph—

“Water charges

7.— (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, including any reconnection charges 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 adjudicating authority 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, except where—

(a) water charges are determined by means of a water meter and the debt is less than half the charge which the adjudicating authority estimates to be the annual charge; or

(b) in any other case the debt is less than half the annual charge,

and in such cases the adjucating authority shall make the determination only if in the opinion of that authority it would be in the interests of the family to do so.

(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 adjudicating authority 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 adjudicating authority may determine that the sum so estimated shall be adjusted for a period of 26 weeks 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, the adjudicating authority 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) Subject to paragraph 8 (maximum amount of payments to third parties), where the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17(1)(1) or heads (a) to (e) of regulation 18(1) of the Income Support Regulations(2), a determination under this paragraph shall be made only with the consent of the beneficiary.”.

(1)

Relevant amending instrument is S.I. 1988/910.

(2)

Relevant amending instruments are S.I. 1988/1228 and 1989/1034.