The Social Security (Claims and Payments) Regulations 1987

[F1DeductionsE+W+S

2.—(1) Subject to paragraphs 5 and 6, the Secretary of State may deduct from a specified benefit awarded to a beneficiary, an amount equal to the amount of maintenance [F2and any fee] which is payable by the beneficiary (or in the case of income support[F3, state pension credit][F4, income-based jobseeker's allowance or income-related employment and support allowance], payable either by the beneficiary or his partner) and pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the liability to pay maintenance[F5, and retain any amount deducted in discharge of any liability to pay a fee].

(2) A deduction [F6for maintenance and fees] may only be made from one of the specified benefits in any one week.

[F7(2A) Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.]

(3) No deduction may be made unless the amount of the relevant specified benefit is not less than the total of the amounts to be deducted under this Schedule plus 10 pence.]

Textual Amendments