Local Government Finance Act 1992

Deductions from income support E+W

6 (1) Regulations under paragraph 1(1) above may provide that where a magistrates’ court has made a liability order against a person (“the debtor”) and the debtor is entitled to income support [F1 , a jobseeker’s allowance or state pension credit]F2 . . . — E+W

(a) the authority concerned may apply to the Secretary of State asking him to deduct sums from any amounts payable to the debtor by way of [F3 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 liability order was made; and

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

(2) The regulations may include—

(a) provision allowing or requiring adjudication as regards an application, and provision as to [F4 appeals to appeal tribunals constituted under Chapter 1 of Part 1 of the Social Security Act 1998 and decisions under section 9 or 10 of that Act];

(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 income support [F5 , a jobseeker’s allowance or state pension credit] 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. 4 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. 33(2); S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2

F2 Words in Sch. 4 para. 6(1) omitted (22.4.1996 and repealed 7.10.1996) by 1995 c. 18, s. 41(4),(5) Sch. 2 para. 75(2)(b), Sch. 3; S.I. 1996/1126, art. 2(a)(b) and S.I. 1996/2208, art. 2(b)

F3 Words in Sch. 4 para. 6(1)(a) substituted (22.4.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 75(2)(c); S.I. 1996/1126, art. 2(a)(b)

F4 Words in Sch. 4 para. 6(2)(a) substituted (18.10.1999 for certain purposes (subject to transitional provisions in Schs. 16-18 of S.I. 1999/2860), 29.11.1999 for further specified purposes (subject to transitional provisions in Schs. 21-23 of S.I. 1999/3178) and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87, Sch. 7 para. 117; S.I. 1999/2860, arts. 2(c), 5, Sch. 1; S.I. 1999/3178, art. 2(1), Sch. 1

F5 Words in Sch. 4 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. 33(3); S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2