The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

Article 3(10)

SCHEDULE 10 E+W+S AMENDMENT OF THE COMMUNITY CHARGES (DEDUCTIONS FROM INCOME SUPPORT) (SCOTLAND) REGULATIONS 1989

1.  In regulation 1(2) M1 (interpretation)– E+W+S

(a) the definitions of “the 1975 Act" and “adjudication officer" shall be omitted;

(b) after the definition of “the 1986 Act" there shall be inserted the following definition–

““the 1998 Act" means the Social Security Act 1998;”;

(c) for the definition of “Commissioner" there shall be substituted the following definition–

““Commissioner" has the meaning it bears in section 39(1) of the 1998 Act;”; and

(d) for the definition of “tribunal" there shall be substituted the following definition–

““tribunal" means an appeal tribunal constituted under Chapter I of Part I of the 1998 Act;”.

Marginal Citations

M1 Regulation 1 was amended by S.I. 1990/113 and 1996/2344.

2.—(1) In the heading to regulation 2 M2 (deductions from income support or jobseeker’s allowance) for the word “Deductions" there shall be substituted the words “ Application for deductions ”. E+W+S

(2) Paragraphs (4) and (5) of regulation 2 shall be omitted.

Marginal Citations

M2 Regulation 2 was amended by S.I. 1990/113, 1992/1026 and 1996/2344.

3.  For regulations 2A M3 (deductions from debtor’s jobseeker’s allowance) and 3 (notification of decision) there shall be substituted the following regulation– E+W+S

“ Deductions from debtor’s income support or jobseeker’s allowance

3.— (1) Subject to paragraph (4) and regulation 4, where the Secretary of State receives an application from a levying authority in respect of a debtor who is entitled to income support or income-based jobseeker’s allowance and the amount payable by way of that benefit, after any deduction under this paragraph, is 10 pence or more, the Secretary of State may deduct a sum from that benefit which is equal to 5 per cent. of the personal allowance–

(a) for a couple where–

(i) a summary warrant or decree is made; and

(ii) that benefit is payable, in respect of both members of a couple both of whom are aged not less than 18; and

(b) in any other case, for a single claimant aged not less than 25,

and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.

(2) Subject to paragraph (3) and regulation 4, where–

(a) the Secretary of State receives an application from a levying authority in respect of a debtor who is entitled to contribution-based jobseeker’s allowance; and

(b) the amount of contribution-based jobseeker’s allowance payable before any deduction under this paragraph is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act,

the Secretary of State may deduct a sum from that benefit which is equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.

(3) Where the sum that would otherwise fall to be deducted under paragraph (2) includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.

(4) Before making a deduction under paragraph (1) the Secretary of State shall make any deduction which falls to be made in respect of a liability mentioned in any of the following provisions of the Social Security (Claims and Payments) Regulations 1987–

(a) regulation 34A M4 (mortgage interest);

(b) paragraph 3 M5 (housing costs) of Schedule 9;

(c) paragraph 5 M6 (rent and certain service charges for fuel) of Schedule 9; and

(d) paragraph 6 M7 (fuel costs) of Schedule 9.

(5) Subject to regulations 5 and 6, a decision of the Secretary of State under this regulation shall be final.

(6) The Secretary of State shall notify the debtor in writing of a decision to make a deduction under this regulation as soon as is practicable and at the same time shall notify the debtor of his right of appeal.”.

Marginal Citations

M3 Regulation 2A was inserted by S.I. 1996/2344.

M4 Regulation 34A was inserted by S.I. 1992/1026.

M5 Paragraph 3 was amended by S.I. 1992/1026 and 2595, 1995/1613 and 2927, and 1996/1460.

M6 Paragraph 5 was amended by S.I. 1991/2284, 1992/2595 and 1996/1460.

M7 Paragraph 6 was amended by S.I. 1991/2284, 1992/2595, 1994/2319 and 1996/1460.

4.  For paragraph (1) M8 of regulation 4 (circumstances, time of making and termination of deductions) there shall be substituted the following paragraph– E+W+S

“(1) The Secretary of State–

(a) shall make deductions under regulation 3 only where the debtor is entitled to income support or jobseeker’s allowance throughout any benefit week; and

(b) shall not determine any application under regulation 2 which relates to a debtor in respect of whom–

(i) he is making deductions; or

(ii) deductions fall to be made,

pursuant to an earlier application under regulation 3 until no deductions pursuant to that earlier application fall to be made.”.

Marginal Citations

M8 Regulation 4(1) was amended by S.I. 1990/113, 1993/2113 and 1996/2344.

5.  For regulations 5 (appeal) and 6 (review) there shall be substituted the following regulations– E+W+S

“ Revision and supersession

5.   Any decision of the Secretary of State under regulation 3 may be revised under section 9 of the 1998 Act or superseded under section 10 of that Act as though the decision were made under section 8(1)(c) of that Act.

Appeal

6.   Any decision of the Secretary of State under regulation 3 (whether as originally made or as revised under regulation 5) may be appealed to a tribunal as though the decision were made on an award of a relevant benefit (within the meaning of section 8(3) of the 1998 Act) under section 8(1)(c) of the 1998 Act.”.

6.  Regulations 7 to 11 and Schedules 1 and 2 are hereby revoked. E+W+S