The Council Tax (Deductions from Income Support) Regulations 1993

Changes over time for: Section 8

Alternative versions:

01/01/2014- Amendment

Changes to legislation:

The Council Tax (Deductions from Income Support) Regulations 1993, Section 8 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Act am. and rev.in pt. by S.I. 1999/3178 art.3(1) (13) Sch.13

Circumstances, time of making and termination of deductionsE+W+S

8.—(1) The Secretary of State shall make deductions from [F1income support[F2, state pension credit][F3, jobseeker’s allowance or employment and support allowance] under [F4regulation 5(1) or (2)]] only if–

(a)the debtor is entitled to income support[F2, state pension credit][F5, 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.

[F6(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[F2, [F7universal credit,] state pension credit][F8, jobseeker’s allowance or employment and support allowance] by reference to the times at which payment of income support[F2, [F7universal credit,] state pension credit][F8, jobseeker’s allowance or employment and support allowance] is made to the debtor M1.

(3) The Secretary of State shall cease making deductions from income support[F2, [F9universal credit,] state pension credit][F10, jobseeker’s allowance or employment and support allowance] if–

(a)there is no longer sufficient entitlement to income support[F2, [F9universal credit,] state pension credit][F10, 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.

[F11(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[F12, [F13universal credit,] state pension credit][F14, 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

F1Words in reg. 8(1) substituted (7.10.96) by S.I. 1996/2344, regs. 1(1), 24(2)(a)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)