The Council Tax (Administration and Enforcement) Regulations 1992

Relationship between remedies E+W

52.—(1) Where a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) a person under regulation 47(3), no steps, or no further steps, may be taken under this Part by way of attachment of allowances, attachment of earnings, [F1 the Schedule 12 procedure], bankruptcy or charging [F2 , or under the Income Support Regulations] in relation to the relevant amount mentioned in regulation 47(4).

(2) Steps under this Part by way of attachment of allowances, attachment of earnings, [F1 the Schedule 12 procedure], commitment, bankruptcy, winding up or charging may not be taken [F3 in relation to a person against whom a liability order has been made while—

(a) steps by way of another of those methods are being taken against him under it; or

(b) deductions are being made under the Income Support Regulations from any amount payable to him by way of income support [F4 , universal credit] [F5 or jobseeker’s allowance]; or

(c) an application under regulation 2 of the Income Support Regulations has been made in respect of him to the Secretary of State and remains undetermined.]

[F6 (2A) An application under regulation 2 of the Income Support Regulations may not be made in respect of a person against whom a liability order has been made while steps under this Part are being taken against him for the recovery of an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made.]

(3) Subject to paragraphs (1) and (2)—

(a) attachment of allowances, attachment of earnings [F7 , deductions under the Income Support Regulations] or [F1 the Schedule 12 procedure] may be resorted to more than once, and

(b) attachment of allowances, attachment of earnings [F8 , deductions under the Income Support Regulations] or [F1 the Schedule 12 procedure] may be resorted to in any order or alternately (or both).

(4) Where a step is taken for the recovery of an outstanding sum which is or forms part of an amount in respect of which a liability order has been made and under which additional costs or charges with respect to the step are also recoverable in accordance with this Part, any sum recovered thereby which is less than the aggregate of the amount outstanding and such additional costs and charges shall be treated as discharging first the costs and charges, the balance (if any) being applied towards the discharge of the outstanding sum.

Textual Amendments

F1 Words in reg. 52 substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 3(f) (with arts. 3, 4)

F2 Words in reg. 52(1) inserted (1.4.1993) by The Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993 (S.I. 1993/773), regs. 1, 6(a)

F3 Words in reg. 52(2) substituted (1.4.1993) by The Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993 (S.I. 1993/773), regs. 1, 6(b)

F4 Words in reg. 52(2)(b) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 56(4) and words inserted (W.) (29.4.2013) by The Council Tax (Administration and Enforcement) (Amendment No. 2) (Wales) Regulations 2013 (S.I. 2013/570), regs. 1(2), 8

F5 Words in reg. 52(2)(b) inserted (8.10.1996) by The Community Charge and Council Tax (Administration and Enforcement) (Amendment) (Jobseeker’s Allowance) Regulations 1996 (S.I. 1996/2405), regs. 1, 2

F6 Reg. 52(2A) inserted (1.4.1993) by The Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993 (S.I. 1993/773), regs. 1, 6(c)

F7 Words in reg. 52(3)(a) inserted (1.4.1994) by The Council Tax (Administration and Enforcement) (Amendment) Regulations 1994 (S.I. 1994/505), regs. 1, 7

F8 Words in reg. 52(3)(b) inserted (1.4.1994) by The Council Tax (Administration and Enforcement) (Amendment) Regulations 1994 (S.I. 1994/505), regs. 1, 7

Commencement Information

I1 Reg. 52 in force at 1.4.1992, see reg. 1(1)