Fines (Deductions from Income Support) Regulations 1992

Circumstances, time of making and termination of deductions

7.—(1) The Secretary of State may make deductions from income support under regulation 6 only if—

(a) the offender is entitled to income support throughout any benefit week; and

(b) no deductions are being made in respect of the offender under any other application.

(2) The Secretary of State shall not make a deduction unless—

(a) the offender at the date of application by the court is aged not less than 18;

(b) the offender is entitled to income support; and

(c) the offender has defaulted in paying the fine, compensation order or any instalment of either.

(3) The Secretary of State shall make deductions from income support by reference to the times at which payment of income support is made to the offender(1).

(4) The Secretary of State shall cease making deductions from income support if—

(a) there is no longer sufficient entitlement to income support to enable him to make the deduction;

(b) entitlement to income support ceases;

(c) a court withdraws its application for deductions to be made; or

(d) the liability to make payment of the fine or under the compensation order as the case may be has ceased.

(5) Where at any time during which the Secretary of State is making deductions in respect of an application he receives one or more further applications in respect of the offender from whom the deductions are being made, he shall refer those further applications to the adjudication officer in accordance with the following order of priority, namely, the one bearing the earliest date shall be referred first and each subsequent application shall be referred, one at a time and in date order, only after deductions under any earlier application have ceased.

(6) Payments of sums deducted from income support by the Secretary of State under these Regulations shall be made to the court at intervals of 13 weeks.

(7) Where the whole of the amount to which the application relates has been paid, the court shall so far as is practicable give notice of that fact within 21 days to the Secretary of State.

(8) The Secretary of State shall notify the offender in writing of the total of sums deducted by him under any application—

(a) on receipt of a written request for such information from the offender; or

(b) on the termination of deductions made under any such application.

(1)

See Schedule 7 to S.I. 1987/1968.