Version Superseded: 27/10/2008
Point in time view as at 05/12/2005.
Local Government Finance Act 1992, Paragraph 6 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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 [F3that 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 [F4appeals 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
F1Words 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
F2Words in Sch. 4 para. 6(1) omitted (22.4.1996 and repealed 7.10.1996) by 1995 c. 18, s. 41(4),(5) Sch. 2 para. 75(2)(b), Sch. 3; S.I. 1996/1126, art. 2(a)(b) and S.I. 1996/2208, art. 2(b)
F3Words 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)
F4Words 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
F5Words 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
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