The Social Security (Claims and Payments) Regulations 1987

Fuel costsE+W+S

6.—(1) [F1Subject to sub-paragraphs [F2(3A), (6) and (6A)]] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any [F3fuel item] to an amount not less than the rate of personal allowance for a single claimant aged not less than 25 and continues to require [F4the fuel in respect of which the debt arose (“the relevant fuel”)], the [F5Secretary of State], if in its opinion it would be in the interests of the family to do so, may determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following paragraphs shall be paid to the person or body to whom payment is due in accordance with paragraph 2(3).

(2) The amount deductible shall, in respect of any fuel item, be such weekly aggregate of the following as is appropriate:–

[F6(a)in respect of each debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 5 per cent. of the personal allowance for a single claimant aged not less than 25;]

(b)except where current consumption is paid for by other means (for example pre-payment meter), an amount [F7not more than] the estimated average weekly cost necessary to meet the continuing needs for [F8the relevant fuel], varied, when appropriate, in accordance with sub-paragraph (4)(a)[F9, plus such weekly amount as is required to meet any payments required to be made under a green deal plan within the meaning of section 1 of the Energy Act 2011 (“the 2011 Act)].

[F10(3A) The Secretary of State may only include an amount under sub-paragraph (2)(b) in the amount deductible if—

(a)an application for a determination under sub-paragraphs (1) or (4)(a) is made by the person or body to whom payment is due; and

(b)except where the application is for a reduction in the amount deductible, the beneficiary consents to the application.]

F11(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where an amount is being paid direct to a person or body on behalf of the beneficiary or his partner in accordance with a determination under sub-paragraph (1) and [F12a decision which embodies that determination falls to be superseded]–

(a)where since the date of that determination the average weekly cost estimated for the purpose of sub-paragraph (2)(b) has either exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of the continuing needs for [F13the relevant fuel] the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the [F5Secretary of State] may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks [F14or such longer period as may be reasonable in the circumstances of the case], be adjusted so as to take account of that credit or further debt;

(b)where an original debt in respect of any fuel item has been discharged [F15or is a moratorium debt] the [F5Secretary of State] may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(6) Subject to paragraph 8, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraph (2) exceeds [F18a sum calculated in accordance with paragraph 8(4);]]

F19(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(8) In this paragraph, “fuel item” means—

(a)any charge for mains gas, including for the reconnection of mains gas; and

(b)any charge for mains electricity, including any charge for the disconnection or reconnection of mains electricity and including any payments required to be made under a green deal plan within the meaning of section 1 of the 2011 Act.]

Textual Amendments

Modifications etc. (not altering text)