SCHEDULES

SCHEDULE 8 Enforcement: Scotland

6

1

Regulations made under this paragraph may provide that where a levying authority has obtained a summary warrant or a decree against a person (the debtor) in respect of arrears of sums payable under paragraph 1(1) above and the debtor is entitled to income support within the meaning of the M1Social Security Contributions and Benefits Act 1992—

a

the levying authority may, without prejudice to their right to pursue any other means of recovering such arrears, apply to the Secretary of State asking him to deduct sums from any amounts payable to the debtor by way of income support in order to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted; and

b

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

2

Regulations made under this paragraph may include—

a

provision allowing or requiring adjudication as regards an application and provision as to appeals and reviews;

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 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.