The Social Security (Jobseeker’s Allowance Consequential Amendments) (Deductions) Regulations 1996

Amendment of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987

25.—(1) Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(1) (deductions from benefit and direct payment to third parties) is amended in accordance with the following provisions of this regulation.

(2) In paragraph 1(1)(2), after the definition of “the Community Charges (Scotland) Regulations” there is inserted the following definition—

““contribution-based jobseeker’s allowance” means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit(3)”;”.

(3) After paragraph 7A(4) there is inserted the following paragraph—

“Arrears of child support maintenance

7B.— (1) Where a beneficiary is entitled to contribution-based jobseeker’s allowance and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary’s jobseeker’s allowance.

(2) Where a request is made in accordance with sub-paragraph (1), the adjudicating authority shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary’s jobseeker’s allowance for transmission to the person entitled to it.

(3) Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act.

(4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary’s contribution-based jobseeker’s allowance under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations.

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

(6) In this paragraph—

“arrears notice” means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992(5); and

“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991(6).”

(1)

S.I. 1987/1968.

(2)

Relevant amending instruments are S.I. 1993/495 and 1996/1460.

(3)

The definition of “specified benefit” was substituted by S.I. 1996/672 and amended by S.I. 1996/1460.

(4)

Paragraph 7A was inserted by S.I. 1993/478.

(5)

S.I. 1992/1816.

(6)

1991 c. 48.