Local Government Finance Act 1992

6 (1) Regulations made under this paragraph may provide that where a [F1 local]authority has obtained a summary warrant or a decree against a person (the debtor) in respect of arrears of sums payable under paragraph 1(1) above and the debtor is entitled to [F2 universal credit] income support[F3 , a jobseeker’s allowance[F4 , state pension credit or an employment and support allowance]] F5 . . . S

(a) the [F1 local] authority may, without prejudice to their right to pursue any other means of recovering such arrears, apply to the Secretary of State asking him to deduct sums from any amounts payable to the debtor by way of [F6 that benefit]in order to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted; and

(b) the Secretary of State may deduct such sums and pay them to the authority towards satisfaction of any such outstanding sum.

(2) Regulations made under this paragraph may include—

(a) provision allowing or requiring adjudication as regards an application and provision as to appeals and reviews;

(b) a scheme containing provision as to the circumstances and manner in which and times at which sums are to be deducted and paid, provision about the calculation of such sums (which may include provision to secure that amounts payable to the debtor by way of [F7 universal credit] income support[F8 , a jobseeker’s allowance[F9 , state pension credit or an employment and support allowance]] do not fall below prescribed figures), and provision as to the circumstances in which the Secretary of State is to cease making deductions;

(c) provision requiring the Secretary of State to notify the debtor, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of the notification;

(d) provision that, where the whole amount to which the application relates has been paid, the authority shall give notice of that fact to the Secretary of State.

Textual Amendments

F1 Words in Sch. 8 para. 6 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 176(18) (with s. 128(8)); S.I. 1996/323, art. 4(1)(b)(c)

F2 Words in Sch. 8 para. 6(1) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 34(a); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(i)

F3 Words in Sch. 8 para. 6(1) substituted (2.7.2002 for specified purposes, otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 Pt. 3 para. 35(2); S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2

F4 Words in Sch. 8 para. 6(1) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 11(3); S.I. 2008/787, art. 2(4)(f)

F5 Words in Sch. 8 para. 6(1) omitted (22.4.1996) and repealed (7.10.1996) by 1995 c. 18, s. 41(4)(5), Sch. 2 para. 76(2)(b), Sch 3; S.I. 1996/1126, art. 2, and S.I.1996/2208, art. 2(b)

F6 Words in Sch. 8. para. 6(1) substituted (22.4.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 76(2)(c); S.I. 1996/1126, art. 2

F7 Words in Sch. 8 para. 6(2)(b) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 34(b); S.I. 2013/358, art. 2(1), Sch. 1 para. 21; S.I. 2013/983, art. 3(1)(b)(i)

F8 Words in Sch. 8 para. 6(2)(b) substituted (2.7.2002 for specified purposes, otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(3), Sch. 2 Pt. 3 para. 35(3); S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2

F9 Words in Sch. 8 para. 6(2)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 11(3); S.I. 2008/787, art. 2(4)(f)