The Social Security (Claims and Payments) Regulations 1987

[F1 Arrears of child support maintenance E+W+S

7B.— (1) Where a beneficiary is entitled to contribution-based jobseeker’s allowance [F2 or contributory employment and support allowance] and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary’s jobseeker’s allowance.

(2) Where a request is made in accordance with sub-paragraph (1), the [F3 Secretary of State] shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary’s jobseeker’s allowance [F2 or contributory employment and support allowance] for transmission to the person entitled to it.

(3) Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act.

[F4 (3A) Subject to sub-paragraphs (4) and (5), the amount to be deducted from the beneficiary's employment and support allowance under sub-paragraph (2) is the weekly amount requested from the beneficiary's employment and support allowance by the Secretary of State, subject to a maximum of one-third of the amount applicable to the beneficiary under regulation 67(2) of the Employment and Support Allowance Regulations (prescribed amounts).]

(4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary’s contribution-based jobseeker’s allowance [F2 or contributory employment and support allowance] under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations.

(5) Where the sum that would otherwise fall to be deducted under this paragraph includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.

(6) In this paragraph—

“arrears notice” means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992; and

“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991.]

Textual Amendments

F1 Sch. 9 para. 7B inserted (7.10.1996) by The Social Security (Jobseekers Allowance Consequential Amendments) (Deductions) Regulations 1996 (S.I. 1996/2344), regs. 1(1), 25(3)

F2 Words in Sch. 9 para. 7B 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(6)(a)

F3 Words in Sch. 9 para. 7B(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

F4 Sch. 9 para. 7B(3A) 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(6)(b)