The Social Security (Claims and Payments) Regulations 1987 No. 1968

1987 No. 1968The Social Security (Claims and Payments) Regulations 1987

SCHEDULE 9E+W+SDEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

InterpretationE+W+S

1.—[F1(1)] In this Schedule–

[F2“the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;
“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;
[F3“contribution-based jobseeker’s allowance” [F4(except where used in sub-paragraph (2)(b))] means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit”;]
[F5“contributory employment and support allowance” [F6(except where used in sub-paragraph (3)(b))] means any contributory employment and support allowance which does not fall within the definition of “specified benefit”]
“the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993;]
“family” in the case of a claimant who is not a member of a family means that claimant [F7and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner;]
[F8“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.]
[F9“5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;]
[F10[F11“hostel” means a building—
(a)
in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—
(b)
which is—
(i)
managed by or owned by a housing association registered with [F12the Regulator of Social Housing or the Welsh Ministers];
(ii)
[F13managed or owned by a registered social landlord which is registered in accordance with [F14Part 2 of the Housing (Scotland) Act 2010];]
(iii)
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
(iv)
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and
(c)
which is not—
(i)
a care home;
(ii)
an independent hospital; or
(iii)
an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and
(d)
in sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;]]
[F15“housing authority” means a local authority, a new town corporation, F16... or the Development Board for Rural Wales;]
[F17“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;]
[F17“the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]
[F18“housing costs” means any housing costs met under—
(a)
Schedule 3 to the Income Support Regulations but—
(i)
excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); and
(ii)
includes costs under paragraphs 17(1)(a) (ground rent F19...) and 17(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); or
(b)
Schedule 2 to the Jobseeker’s Allowance Regulations but—
(i)
excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); and
(ii)
includes costs under paragraphs 16(1)(a) (ground rent F19... ) and 16(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges);]
(c)
[F20Schedule II to the State Pension Credit Regulations but—
(i)
excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); and
(ii)
includes costs under paragraphs 13(1)(a) (ground rent F19... ) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges);] [F21or]
(d)
[F21Schedule 6 to the Employment and Support Allowance Regulations but—
(i)
excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); and
(ii)
includes costs under paragraph 18(1)(a) (ground rent) and 18(1)(c) (rent charges) of that Schedule but only where they are paid with costs under paragraph 18(1)(b) of that Schedule (service charges);]
F22...
“the Income Support Regulations” means the Income Support (General) Regulations 1987 M1;
[F23“integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations]
“miscellaneous accommodation costs” has the meaning assigned by paragraph 4(1);
[F24“mortgage payment” means the aggregate of any payments which fall to be met under—
(a)
Schedule 3 to the Income Support Regulations in accordance with paragraphs 6 to 10 of that Schedule (housing costs to be met in income support) on a loan which qualifies under paragraph 15 or 16 of that Schedule, but less any amount deducted under paragraph 18 of that Schedule (non-dependant deductions); or
(b)
Schedule 2 to the Jobseeker’s Allowance Regulations in accordance with paragraphs 6 to 9 of that Schedule (housing costs to be met in jobseeker’s allowance) on a loan which qualifies under paragraph 14 or 15 of that Schedule, but less any amount deducted under paragraph 17 of that Schedule (non-dependant deductions), F25...
(c)
[F26Schedule II to the State Pension Credit Regulations in accordance with paragraph 7 of that Schedule (housing costs to be met in state pension credit) on a loan which qualifies under paragraph 11 or 12 of that Schedule, but less any amount deducted under paragraph 14 of that Schedule (non-dependant deductions),] [F27or]
(d)
[F27Schedule 6 to the Employment and Support Allowance Regulations in accordance with paragraphs 8 to 11 of that Schedule (housing costs to be met in employment and support allowance) on a loan which qualifies under paragraph 16 or 17 of that Schedule, but less any amount deducted under paragraph 19 of that Schedule (non- dependant deductions),]
as the case may be.]
“personal allowance for a single claimant aged not less than 25 years” means the amount specified [F28in connection with income support and state pension credit] in [F29paragraph 1(1)(e)] of column 2 of Schedule 2 to the Income Support Regulations [F30or, [F31in connection with jobseeker’s allowance], paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations] [F32or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations];
F33...
“rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–
(a)
includes any water charges which are paid with or as part of the rent;
(b)
where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements; and
(c)
references to “rent” include references to part only of the rent; and
“[F34specified benefit” means—
(a)
[F35income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance—
(i)
in a combined payment;
(ii)
in part to the beneficiary and in part to another person in accordance with regulation 34; or
(iii)
by means of two or more instruments of payment,
income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;]
(b)
F36...] [F37and
(c)
subject to sub-paragraph (2), jobseeker’s allowance;]
(d)
[F38[F39state pension credit or, where in respect of any period it is paid together with any retirement pension, incapacity benefit or severe disablement allowance—
(i)
in a combined payment;
(ii)
in part to the beneficiary and in part to another person in accordance with regulation 34; or
(iii)
by means of two or more instruments of payment,
state pension credit and retirement pension, incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule;]]
(e)
[F40subject to sub-paragraph (3), employment and support allowance;]
F41...
[F42“water charges” means—
(a)
as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991;
(b)
as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002;]
[F43“water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989 to be the water or sewerage undertaker for any area in England and Wales [F44or in respect of any area in Scotland, Scottish Water].]

[F45(2) For the purposes of the definition of “specified benefit” in sub-paragraph (1), “jobseeker’s allowance” means—

(a)income-based jobseeker’s allowance; and

[F46(b)contribution-based jobseeker’s allowance where—

(i)both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

(ii)if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate.]]

[F47(3) For the purposes of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

(a)income-related employment and support allowance; and

[F48(b)contributory employment and support allowance where—

(i)both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

(ii)if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.]]

Textual Amendments

F1Sch. 9 para. 1(1) substituted for Sch. 9 para. 1 (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(26)(a)

F2Words in Sch. 9 para. 1 inserted (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 2(2)(a)

F3Words in Sch. 9 para. 1(1) inserted (7.10.1996) by The Social Security (Jobseekers Allowance Consequential Amendments) (Deductions) Regulations 1996 (S.I. 1996/2344), regs. 1(1), 25(2)

F4Words in Sch. 9 para. 1(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 8(a)(i)

F5Words in Sch. 9 para. 1(1) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(2)(a)(i)

F6Words in Sch. 9 para. 1(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 8(a)(ii)

F7Words in Sch. 9 para. 1(1) added (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(1)(a)(i)

F8Words in Sch. 9 para. 1 inserted (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 2(2)(b)

F9Words in Sch. 9 para. 1 substituted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 12(1)(a)

F10Words in Sch. 9 para. 1 inserted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 12(1)(b)

F11Words in Sch. 9 para. 1(1) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 13(3)(a)