Justice Act (Northern Ireland) 2016

Valid from 03/10/2016

Application for deduction from benefits N.I.

14—(1) An application for deduction from benefits, in relation to a debtor, is an application to the Department for Social Development for it to deduct sums from amounts payable to the debtor by way of a relevant benefit for the purpose of securing payment of the outstanding amount.

(2) The application may be made only in the case of a debtor who, at the time of the application, is an individual aged 18 or over.

(3) Each of the following is a relevant benefit—

(a) income support;

(b) jobseekers' allowance;

(c) state pension credit;

(d) employment and support allowance.

(4) If the Department for Social Development grants the application, it must—

(a) deduct sums from amounts payable to the debtor by way of a relevant benefit, and

(b) pay the sums deducted to the responsible court for them to be applied towards satisfaction of the outstanding amount.

(5) The application fails, and sections 5 and 6 apply as they would if the debtor had failed to comply with the collection order, if—

(a) the application is withdrawn,

(b) the Department for Social Development rejects the application,

(c) an appeal against the grant of the application succeeds, or

(d) the Department for Social Development ceases to make deductions at a time when the debtor remains liable to pay any part of the sum due.

(6) A decision by the Department for Social Development for the purposes of this section is to be treated for the purposes of the Social Security (Northern Ireland) Order 1998 as if it were a decision to which Article 13 of that Order (appeals) applies.

(7) The Department of Justice may by order amend this section so as to add a benefit to the list of relevant benefits or remove a benefit from the list.