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The Social Security (Claims and Payments) Regulations 1987

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Regulation 9(1)

SCHEDULE 1E+W+S

PART IE+W+Sbenefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

In this Part of this Schedule–

(a)

references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;

(b)

“widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.

Benefit ClaimedAlternative benefit
(1)(2)
[F1Incapacity benefit] [F1Severe disablement allowance.]
F2...F2...
Severe disablement allowance [F3Incapacity benefit.]
F4...F4...
[F5Incapacity benefit for a woman] [F5Maternity allowance.]
Severe disablement allowance for a womanMaternity allowance.
[F6Employment and support allowance for a woman] [F6Maternity allowance.]
Maternity allowance [F7Incapacity benefit[F8, severe disablement allowance or employment and support allowance]]
A retirement pension of any categoryWidow's benefit [F9or bereavement benefit].
A retirement pension of any categoryA retirement pension of any other category [F10, a shared additional pension] [F11or graduated retirement benefit].
[F12An increase of incapacity benefit.]An increase of severe disablement allowance.
Attendance allowanceAn increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is neededAttendance allowance [F13or disability living allowance].
An increase of severe disablement allowance [F14An increase of incapacity benefit.]
Income supportF15... F16... or a [F17carer’s allowance].
[F18Widow’s benefit] [F19or bereavement benefit] [F18A retirement pension of any category or graduated retirement benefit.]
[F20Disability living allowance Attendance allowance or an increase of disablement pension where constant attendance is needed.
Attendance allowance or an increase of disablement pension where constant attendance is neededDisability living allowance.]
[F21[F22Disabled persons' tax credit] [F23Working families' tax credit.]
[F23Working families' tax credit] [F22Disabled persons' tax credit.]]
[F24Bereavement benefit] [F25Bereavement support payment]
[F26Bereavement support payment] [F27Bereavement benefit]
[F28A state pension under any section of Part 1 of the Pensions Act 2014] [F29A state pension under any other section of Part 1 of the Pensions Act 2014 or bereavement benefit]
[F30Bereavement benefit] [F31A state pension under Part 1 of the Pensions Act 2014]

Textual Amendments

F22Words in Sch. 1 Pt. I substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F23Words in Sch. 1 Pt. I substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F24Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(a)(i)

F25Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(b)(i)

F28Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(a)

F29Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(c)

F30Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(b)

F31Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(d)

Regulation 9(2) and (3)

PART IIE+W+Sinterchange of claims for child benefit with claims for other benefits

  • F32...

  • Guardian's allowance

  • Maternity allowance claimed after confinement

  • Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

Textual Amendments

Regulation 17(5)

SCHEDULE 2E+W+SSPECIAL PROVISIONS RELATING TO CLAIMS FOR [F33JOBSEEKER'S ALLOWANCE] DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

Textual Amendments

1.—(1) In this Schedule:–E+W+S

(a)“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 M1 or in Scotland local holidays; and “Christmas and New Year holidays” and “Good Friday and Easter Monday” shall be construed accordingly and shall in each case be treated as one period;

(b)“office closure” means a period during which an [F34office of the Department for Education and Employment] or associated office is closed in connection with a public holiday;

(c)in computing any period of time Sundays shall not be disregarded.

(2) Where any claim for [F35a jobseeker’s allowance] is made during one of the periods set out in paragraph (3), the following provisions shall apply–

(a)a claim for [F36a jobseeker’s allowance] may be treated by [F37the Secretary of State] as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);

(b)on any claim so treated, benefit may be awarded as if the provisions of paragraph (4) of regulation 17 applied.

(3) For the purposes of paragraph (2) the periods are–

(a)in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

(b)in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;

(c)in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

Textual Amendments

F37Words in Sch. 2 para. 1(2)(a) substituted (18.10.99 for specified purposes, 29.11.1999 for further 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), (3), Sch. 3 para. 11; S.I. 1999/3178, reg. 3(1)(a), Sch. 6 para. 14 (with reg. 3(1)(b), Schs. 21-23)

Marginal Citations

Regulation 18(1)

F38SCHEDULE 3E+W+SDURATION OF DISALLOWANCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 19(1)

SCHEDULE 4E+W+SPRESCRIBED TIMES FOR CLAIMING BENEFIT

For the purposes of this Schedule–

“actual date of confinement” means the date of the [F39birth] of the child or, if the woman is confined of twins or a greater number of children, the date of the [F39birth] of the last of them; and

“confinement” means labour resulting in the [F40birth] of a living child, or labour after [F4124] weeks of pregnancy resulting in the [F40birth] of a child whether alive or dead.

Description of benefitPrescribed time for claiming benefit
(1)(2)

[F421.  Jobseeker’s allowance.]

[F421.  The first day of the period in respect of which the claim is made.]

[F432.  Incapacity benefit or severe disablement allowance.]

[F432.  The day in respect of which the claim is made and the period of [F443 months] immediately following it. ]

3.  Disablement benefit (not being an increase of benefit).

3.  As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

4.  Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.

4.  As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

5.  Reduced earnings allowance.

5.  As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one per cent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.

6.  Income support.

6.  The first day of the period in respect of which the claim is made.

7.  [F45Working families' tax credit].

7.—(a) Where [F45working families' tax credit] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award;

(aa)[F46Where [F47disabled persons' tax credit] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance;]

(b)subject to [F48(a) and (aa)] , the first day of the period in respect of which the claim is made.

[F49(c)where a claim for [F45working families' tax credit] is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.]

8.  Social fund payment in respect of maternity expenses.

8.  The period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after–

[F50(a) In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after the actual date of confinement.

(b)[F51In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date on which the claimant becomes responsible for the child and ending 3 months after that date.]

(c)In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 3 months after that date.

(d)In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 3 months after that date.

(e)In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 3 months after that date.

(f)In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption—

(i)takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or

(ii)is recognised under section 66(1)(e),

of the Adoption and Children Act 2002, and ending 3 months after that date.]

9.  Social fund payment in respect of funeral expenses.

[F529.  The period beginning with the date of the death and ending [F536 months] after the date of the funeral]

9A.  F54...

9A.  F54...

10.  Increase of disablement benefit under [F55section 60 of the Social Security Act 1975 on grounds of special hardship or] section 62 of the Social Security Act 1975 M2 on the grounds of receipt of hospital treatment.

10.  As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.

[F5611.  [F57Disabled persons' tax credit] .

11.—(a) Where [F57disabled persons' tax credit] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award;

(b)where [F58working families' tax credit] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of [F58working families' tax credit];

(d)where a claim for [F57disabled persons' tax credit] is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.]

12.  F59...

12.  F59...

[F6013.  Retirement pension of any category [F61or state pension under Part 1 of the Pensions Act 2014].]

13.  [F60As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.]

[F6014.  Graduated retirement benefit.]

14.  [F60As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.]

[F6215.   Shared additional pension]

15.  [F62As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.]

16.  [F63Employment and support allowance]

16.  [F64The day in respect of which the claim is made and the period of three months immediately following it.]

Textual Amendments

F45Words in Sch. 4 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F47Words in Sch. 4 para. 7 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F57Words in Sch. 4 para. 11 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F58Words in Sch. 4 para. 11 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F61Words in Sch. 4 para. 13 inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(18)

Marginal Citations

M21975 c. 14. Section 62 was repealed from 6th April 1987 by paragraph 7 of Schedule 3 to the Social Security Act 1986 (c. 50) but its effect is preserved in relation to certain existing cases as mentioned in that paragraph.

Regulation 19

F65SCHEDULE 5E+W+SMISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 22(3)

SCHEDULE 6E+W+SDAYS FOR PAYMENT OF LONG TERM BENEFITS

Modifications etc. (not altering text)

[F66Attendance allowance and disability living allowanceE+W+S

1.  Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.]

Textual Amendments

Guardian's allowanceE+W+S

F672.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Industrial injuries benefitE+W+S

3.  Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.

[F68Carer’s allowance]E+W+S

4.  [F68Carer’s allowance] shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 M3 the [F68carer’s allowance] shall be payable on Wednesdays.

Textual Amendments

Marginal Citations

M3S.I. 1976/409, to which there are amendments not relevant to these Regulations.

Retirement pensionE+W+S

5.  [F69Subject to regulation 22C, retirement pension] shall be payable on Mondays, except that–

(a)where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;

[F70(b)where—

(i)a woman was entitled to a widow’s benefit, or

(ii)a man or a woman was entitled to a bereavement benefit,

immediately before becoming entitled to a retirement pension, that pension shall be payable on [F71the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6];]

(c)where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

(d)the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may [F72where payment is by direct credit transfer, or in the circumstances of any particular case, determine];

(e)where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

Textual Amendments

[F73Shared additional pensionE+W+S

5A.  Shared additional pension shall be payable on Mondays, except that—

(a)where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or

(b)the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.]

Textual Amendments

Widowed mother's allowance and widow's pensionE+W+S

F746.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mobility allowanceE+W+S

F757.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 26

SCHEDULE 7E+W+S[F76TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES]

Textual Amendments

Manner of paymentE+W+S

[F761.  Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.]

Time of paymentE+W+S

2.  Income support shall be paid in advance where the claimant is–

(a)in receipt of retirement pension; or

(b)over pensionable age and not in receipt of F77... [F78incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies] unless he was in receipt of income support immediately before the trade dispute began; or

(c)[F79subject to paragraph 2ZA] in receipt of widow's benefit [F80or [F81widowed parent’s allowance]] and is not F82... providing or required to provide medical evidence of incapacity for work; or

(d)a person to whom [F83section 23(A)] of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

Textual Amendments

F81Words in Sch. 7 para. 2(c) substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(13)(a)

[F842ZA.  Paragraph 2(c) shall only apply where a widow’s benefit or a [F85widowed parent’s allowance] is paid in advance.]

Textual Amendments

F85Words in Sch. 7 para. 2ZA substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(13)(b)

[F862A.—(1) For the purposes of this paragraph–

(a)“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and

(b)“office closure” means a period during which an office of the Department of Social Security or associated office [F87or any office to which a claim may be made in accordance with regulation 4A(1)] is closed in connection with a public holiday.

(2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.

(3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.]

Textual Amendments

[F883.—(1) Subject to [F89sub–paragraph (1A) and to] any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.E+W+S

[F90(1A) Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.]

(2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.]

Textual Amendments

[F913A.—(1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.E+W+S

(2) In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.]

Textual Amendments

4.  [F92In this Schedule] –

“benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

[F93“Income Support Regulations” means the Income Support (General) Regulations 1987]

“relevant social security benefit” means F94... [F95incapacity benefit], severe disablement allowance, retirement pension[F96, [F97widowed parent’s allowance]] or widow's benefit.

Textual Amendments

F97Words in Sch. 7 para. 4 substituted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(13)(c)

Payment of small amounts of income supportE+W+S

5.  Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income supportE+W+S

6.—(1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

(2) [F98Subject to sub-paragraphs (2A) and (3)] , in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

[F99(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.]

[F100(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation] [F101except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.]

F102(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F103(5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.]

F104(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

Textual Amendments

[F105Date from which superseding decision on ground of change of circumstances takes effect]E+W+S

F1067.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 23(1)(a)

SCHEDULE 8E+W+SELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1.  A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either–E+W+S

(a)he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

(b)he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2.  Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:E+W+S

[F107(a)he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M4, or]

(b)he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support[F108, [F109an income-based jobseeker’s allowance,] [F110or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999]].

Textual Amendments

Marginal Citations

M4S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1986/1172 and S.I. 1996/1803.

3.  An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.E+W+S

4.  An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being–E+W+S

(a)a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979 M5, or

(b)the spouse of such a member, or

(c)a person living with such a member as husband and wife.

Marginal Citations

M5S.I. 1979/591, to which there are amendments not relevant to these Regulations.

5.  Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.E+W+S

6.  Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable–E+W+S

(a)in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

(b)in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7.  A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.E+W+S

Regulation 35

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

InterpretationE+W+S

1.—[F111(1)] In this Schedule–

  • [F112“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;

  • [F113“contribution-based jobseeker’s allowance” [F114(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”;]

  • [F115“contributory employment and support allowance” [F116(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 [F117and 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;]

  • [F118“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.]

  • [F119“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;]

  • [F120[F121“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 [F122the Regulator of Social Housing or the Welsh Ministers];

    (ii)

    [F123managed or owned by a registered social landlord which is registered in accordance with [F124Part 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;]]

  • [F125“housing authority” means a local authority, a new town corporation, F126... or the Development Board for Rural Wales;]

  • [F127“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;]

  • [F127“the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

  • [F128“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 F129...) 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 F129... ) 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)

    [F130Schedule 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 F129... ) 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);] [F131or]

    (d)

    [F131Schedule 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);]

  • F132...

  • “the Income Support Regulations” means the Income Support (General) Regulations 1987 M6;

  • [F133“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);

  • [F134“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), F135...

    (c)

    [F136Schedule 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),] [F137or]

    (d)

    [F137Schedule 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 [F138in connection with income support and state pension credit] in [F139paragraph 1(1)(e)] of column 2 of Schedule 2 to the Income Support Regulations [F140or, [F141in connection with jobseeker’s allowance], paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations] [F142or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations];

  • F143...

  • “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

  • “[F144specified benefit” means—

    (a)

    [F145income 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)

    F146F147...] [F148and

    (c)

    subject to sub-paragraph (2), jobseeker’s allowance;]

    (d)

    [F149[F150state pension credit or, where in respect of any period it is paid together with any retirement pension[F147, state pension under Part 1 of the Pensions Act 2014], 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[F147, state pension under Part 1 of the Pensions Act 2014], incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule;]]

    (e)

    [F151subject to sub-paragraph (3), employment and support allowance;]

    F152...

  • [F153“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;]

  • [F154“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 [F155or in respect of any area in Scotland, Scottish Water].]

[F156(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

[F157(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.]]

[F158(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

[F159(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

F147Words in Sch. 9 para. 1(1) inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(19)(a)

Modifications etc. (not altering text)

Marginal Citations

GeneralE+W+S

2.—(1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of–

(a)housing costs;

(b)miscellaneous accommodation costs;

[F160(bb)hostel payments;]

(c)service charges for fuel, and rent not falling within head (a) above;

(d)fuel costs; F161...

(e)water charges [F162; and]

[F163(f)payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991 and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.]

(2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary's award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.

(3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.

Textual Amendments

Housing costsE+W+S

3.—(1) Subject to [F164sub-paragraphs (4) to (6)] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount [F165or appropriate minimum guarantee], the [F166Secretary of State] may, if in [F167his] opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2) [F168Subject to sub-paragraphs (2A) and (3)], the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a)in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F169... for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b)for each such debt–

(i)in respect of mortgage payments, the weekly amount of the mortgage payment in that case; and

(ii)for any other housing item, the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the [F170Secretary of State] may direct that, when the debt is discharged, the amount determined under sub-paragraph (b) shall be the amount deductible.

[F171(2A) Where a payment falls to be made to a third party in accordance with this Schedule, and—

(a)more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount [F172or appropriate minimum guarantee]; and

(b)in accordance with [F173paragraph 4(8) or (11) or] [F174paragraph 18] of Schedule 3 to the Income Support Regulations [F175or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F176or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations] [F177or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations] an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula—

where—

A

=

housing costs;

B

=

the item of housing costs which falls to be paid to a third party under this Schedule;

C

=

the sum which is not allowed or falls to be deducted in accordance with [F174paragraph 4(8) or (11) or paragraph 18] of Schedule 3 to the Income Support Regulations [F175or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F176or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations] [F178or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations].]

(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

(4) Sub-paragraph (1) shall not apply to any debt which is either–

(a)in respect of mortgage payments and the beneficiary or his partner has in the preceding 12 weeks paid sums equal to [F179or greater than] 8 week's mortgage payments due in that period;

or

(b)for any other item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item,

unless, in either case, in the opinion of the [F166Secretary of State] it is in the overriding interests of the family that paragraph (1) should apply.

[F180(5) No amount shall be paid pursuant to this paragraph in respect of mortgage interest in any case where a specified part of relevant benefits—

(a)is required to be paid directly to a qualifying lender under regulation 34A [F181or 34B] and Schedule 9A; or

(b)would have been required to be paid to a body which, or a person who, would otherwise have been a qualifying lender but for an election given under paragraph 9 of Schedule 9A not to be regarded as such.

(6) In sub-paragraph (5), “specified part” and “relevant benefits” have the meanings given to them in paragraph 1 of Schedule 9A.]

Textual Amendments

F164Words in Sch. 9 para. 3(1) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(a)

F168Words in Sch. 9 para. 3(2) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(b)

F171Sch. 9 para. 3(2A) inserted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(c)

F174Words in Sch. 9 para. 3(2A) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 3

F180Sch. 9 para. 3(5)(6) inserted (25.5.1992 for specified purposes and ) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(d)

Miscellaneous accommodation costsE+W+S

4.—(1) [F182Where an award of income support[F183, jobseeker’s allowance[F184, state pension credit or employment and support allowance]]—

(a)[F185in the case of income support] is made to a person [F186residing in a care home, an Abbeyfield Home or an independent hospital] as defined in regulation [F1872(1)] of the Income Support Regulations [F188or, [F189in the case of jobseeker’s allowance] regulation 1(3) of the Jobseeker’s Allowance Regulations] [F190or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations], or

(b)[F191in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps); or]

[F191(c)in the case of state pension credit, is made to a person residing in—

(i)a care home as defined in regulation 1(2) of the State Pension Credit Regulations;

(ii)an independent hospital as defined in regulation 1(2) of those Regulations;

(iii)an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

(iv)accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,]

([F192or to a person who is only temporarily absent from such accommodation])] the [F193Secretary of State] may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable [F194hereafter in this paragraph referred to as “miscellaneous accommodation costs], but, [F195except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947] or where the accommodation is [F196run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided] or which provides facilities for alcoholics or drug addicts, only if the [F193Secretary of State] is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.

[F197(2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance[F198, state pension credit or employment and support allowance] to a third party determined under sub-paragraph (1) shall be—

(a)in a case where the beneficiary is not in accommodation as specified in [F199sub-paragraph (1)(c)(ii)] ,

F200(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F200(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an amount equal to the award of income support, jobseeker’s allowance[F201, guarantee credit or employment and support allowance] payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations[F202, regulation 90 of the Employment and Support Allowance Regulations] or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and

(b)in any other case, the amount of the award of income support, jobseeker’s allowance[F203, guarantee credit or employment and support allowance], excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.]

[F197(2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a)[F204, (b) or (c)] shall be—

(a)for a single person the sum of [F205£24.25];

(b)for a couple where both members of the couple are in such accommodation, [F205£24.25] for each member;

(c)for a member of a polygamous marriage where more than one member is in such accommodation, [F205£24.25] for each member in such accommodation.]

[F197[F206(3) This sub-paragraph shall apply where an award is made of—

(a)income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or

(b)jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); F207...

(c)state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise;] [F208or]

[F208(d)employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).]

[F197(3A) Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of—

(a)the income of the beneficiary, if any; and

(b)the amount allowed for personal expenses by sub-paragraph (2A) above,

the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.]

(4) Where the amount calculated under sub-paragraphs [F209(2) or (3A)] is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.]

Textual Amendments

F191Sch. 9 para. 4(1)(b)(c) substituted for Sch. 9 para. 4(1)(b) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 5(3)(a)

[F210Hostel paymentsE+W+S

4A.—(1) This paragraph applies to a beneficiary if—

(a)[F211the beneficiary] has been awarded specified benefit; and

[F212(b)either the beneficiary or the beneficiary’s partner—

(i)is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

(ii)is resident in approved premises under section 13 of the Offender Management Act 2007; and]

F213(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the charge for [F214the hostel or approved premises, as the case may be,] includes a payment, whether direct or indirect, for one or more of the following services—

(i)water;

(ii)a service charge for fuel;

(iii)meals;

(iv)laundry;

(v)cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary F215... has been awarded specified benefit the [F216Secretary of State] may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a)the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)if no amount has been determined under paragraph (a) of this subparagraph, an amount which the [F217Secretary of State] estimates to be the amount which is likely to be so determined.

[F218(4) The provisions referred to in sub-paragraph (3)(a) above are [F219regulation 12B(5)] of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.]

F220(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F221Where—

(a)an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); F222...

(b)an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), [F223or]]

[F223(c)an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),]

the amount of any payment of income support or, as the case may be, jobseeker’s allowance [F224or employment and support allowance] payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.]

Textual Amendments

F219Words in Sch. 9 para. 4A(4) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(a)

Service charges for fuel, and rent not falling within paragraph 2(1)(a)E+W+S

5.—(1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

(a)he has been awarded the specified benefit; and

(b)he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance [F225or is resident in approved premises under section 13 of the Offender Management Act 2007]; and

(c)[F226unless sub-paragraph (1A) applies,] he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

(i)there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

(ii)there are arrears of rent in respect of less than 8 weeks and in the opinion of the [F227Secretary of State] it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

[F228(1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.]

[F229(1B) For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.]

[F230(2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations (non-dependant deductions) when assessing a person’s housing benefit.]

(3) [F231The] [F232Secretary of State] shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if–

(a)he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under [F233[F234regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of either or both of water charges or service charges for fuel; and

(b)the amount of the beneficiary's award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

F235(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F236(5) A determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3) and (6) exceeds [F237a sum calculated in accordance with paragraph 8(4);]]

F238[F239(5A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In a case to which sub-paragraph (1) [F240or (1A)] applies the [F241Secretary of State] may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F242... shall be paid to his landlord[F243, or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary's partner in approved premises under section 13 of the Offender Management Act 2007,] until the debt is discharged.

[F244(7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) [F245or (1A)] applies and in respect of which a determination has been made under sub-paragraph (6) the [F246Secretary of State] may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of [F247[F248regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of charges for water or service charges for fuel or both, shall be deductible.]

Textual Amendments

F234Words in Sch. 9 para. 5(3)(a) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(b)

F248Words in Sch. 9 para. 5(7) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(b)

Fuel costsE+W+S

6.—(1) [F249Subject to sub-paragraphs (6) and (6A)] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any [F250fuel 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 [F251the fuel in respect of which the debt arose (“the relevant fuel”)], the [F252Secretary 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:–

[F253(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 equal to the estimated average weekly cost necessary to meet the continuing needs for [F254the relevant fuel], varied, when appropriate, in accordance with sub-paragraph (4)(a)[F255, 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)].

F256(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 [F257a 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 [F258the relevant fuel] the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the [F252Secretary of State] may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks [F259or 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 the [F252Secretary of State] may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

F260(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F261(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 [F262a sum calculated in accordance with paragraph 8(4);]]

F263[F264(6A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F266(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

Water chargesE+W+S

[F2677.—(1) This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, [F268including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt].

(2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the [F269Secretary of State] may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, [F270but only if [F271the Secretary of State] is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.]

(3) Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and

(b)the amount which the [F272Secretary of State] estimates to be the average weekly cost necessary to meet the continuing need for water consumption.

(4) Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the [F273Secretary of State] may determine that the sum so estimated shall be adjusted for a period of 26 weeks [F274or such longer period as may be reasonable in the circumstances of the case] to take account of that credit or further debt.

(5) Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)the amount referred to in sub-paragraph (3)(a); and

(b)an amount equal to the weekly cost necessary to meet the continuing need for water consumption.

(6) When the original debt in respect of water charges is discharged, the [F275Secretary of State] may direct that the amount deductible shall be—

(a)where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and

(b)in any other case, the amount determined under sub-paragraph (5)(b).

(7) Where the beneficiary or his partner is in debt to two water undertakers—

(a)only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and

(b)a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and

(c)deductions in respect of continuing charges for both water and for sewerage may be made at the same time.

(8) [F276Subject to paragraph 8 (maximum amount of payments to third parties), a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds [F277a sum calculated in accordance with sub-paragraph 8(4);]]]

F278[F279(9)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F280Payments in place of payments of child support maintenanceE+W+S

7A.—[F281(1) Subject to sub-paragraph (2), where [F282the Secretary of State] has determined that section 43 of that Act and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (contribution to maintenance by deduction from benefit) apply in relation to a beneficiary or his partner, the [F283Secretary of State] shall [subject to paragraph 8], if it is satisfied that there is sufficient specified benefit in payment, determine that a weekly amount of that benefit shall be deducted by the Secretary of State for transmission to the person or persons entitled to it.]

(2) Not more than one deduction shall be made under [F284sub-paragraph (1)] in any one benefit week as defined in paragraph 4 of Schedule 7.

(3) [F285Subject to sub-paragraph (4),] the amount of specified benefit to be paid under this paragraph shall be the amount prescribed by regulation 28(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 for the purposes of section 43 (2)(a) of the Child Support Act 1991 F286....]

[F287(4) Where, apart from the provisions of this sub-paragraph, the provisions of paragraphs 8(1) and 9 would result in the maximum aggregate amount payable equalling 2 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, the amount of specified benefit to be paid under this paragraph shall be one half of the amount specified in sub-paragraph (3).]

Textual Amendments

[F288Arrears of child support maintenanceE+W+S

7B.—(1) Where a beneficiary is entitled to contribution-based jobseeker’s allowance [F289or 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 [F290Secretary 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 [F289or 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.

[F291(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 [F289or 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

[F292Eligible loansE+W+S

7C.—(1) In this paragraph—

“borrower” means a person who has, either solely or jointly, entered into a loan agreement with an eligible lender in respect of an eligible loan and who is, for the time being, entitled to an eligible benefit;

“eligible lender” means—

(a)

a body registered under section 1 of the Industrial and Provident Societies Act 1965 (societies which may be registered);

(b)

a credit union within the meaning of section 1 of the Credit Unions Act 1979 (registration under the Industrial and Provident Societies Act 1965);

(c)

a charitable institution within the meaning of section 58(1) of the Charities Act 1992 (interpretation of Part II);

(d)

a body entered on the Scottish Charity Register under section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (Scottish Charities Register),

(e)

[F293a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004,]

which, except for a credit union, is licensed under the Consumer Credit Act 1974 and which may be determined by the Secretary of State as an appropriate body to which payments on behalf of the borrower may be made in respect of loans made by that body;

“eligible loan” means a loan made by a lender, who is at that time an eligible lender, to a borrower except a loan—

(a)

which is secured by a charge or pledge;

(b)

which is for the purpose of business or self-employment; or

(c)

which was made by means of a credit card;

“loan agreement” means an agreement between the eligible lender and the borrower in respect of an eligible loan.

(2) In this paragraph “eligible benefit” means—

(a)carer’s allowance;

(b)the following contributory benefits—

(i)incapacity benefit;

(ii)retirement pension; F294...

[F295(iii)state pension under Part 1 of the Pensions Act 2014; or]

(c)the following benefits—

(i)income support;

(ii)jobseeker’s allowance;

(iii)state pension credit.

[F296(iv)employment and support allowance.]

(3) Where the conditions set out in sub-paragraph (4) are met the Secretary of State may deduct a sum from an eligible benefit to which the borrower is entitled equal to 5 per cent. of the personal allowance for a [F297single claimant] aged not less than 25 and pay that sum to the eligible lender towards discharge of the sum owing under the loan agreement at the date of the application.

(4) The conditions referred to in sub-paragraph (3) are—

(a)the borrower has failed to make payments as agreed with the eligible lender for a period of 13 weeks before the date of the application and has not resumed making payments;

(b)the borrower has given his written permission to the eligible lender to provide to the Secretary of State personal data within the meaning of section 1 of the Data Protection Act 1998 (basic interpretive provisions);

(c)the eligible lender has agreed that no interest or other charge will be added to the amount owed at the date of the application;

(d)no sum is being deducted under this paragraph;

(e)no sum is being deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act (overpayments-general) at the date of the application; and

(f)no sum is being deducted from the borrower’s eligible benefit under section 78 of the 1992 Act (recovery of social fund awards) at the date of the application.

(5) The Secretary of State shall notify the borrower and the eligible lender in writing of a decision to make a deduction under this paragraph.

(6) The Secretary of State may make deductions under this paragraph only if the borrower is entitled to an eligible benefit throughout any benefit week.

[F298(6A) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.]

(7) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(a) where the borrower is in receipt of another eligible benefit unless that benefit is one mentioned in sub-paragraph (2)(b) and is insufficient to enable the deduction to be made or is a benefit mentioned in sub-paragraph (2)(c) and the amount is insufficient to meet the deduction plus 10 pence.

(8) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(b) where the borrower is in receipt of a benefit mentioned in sub-paragraph (2)(c) unless the amount of that benefit is insufficient to meet the deduction plus 10 pence.

(9) The Secretary of State shall cease making deductions from an eligible benefit [F299under this paragraph] if—

(a)there is no longer sufficient entitlement to an eligible benefit to enable him to make the deduction;

(b)entitlement to all eligible benefits has ceased;

(c)a sum is deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act;

(d)an eligible lender notifies the Secretary of State that he no longer wishes to accept payments by deductions;

(e)the borrower’s liability to make payment in respect of the eligible loan has ceased;

(f)the lender has ceased to be an eligible lender; or

(g)the borrower no longer resides in Great Britain.

(10) The sums deducted from an eligible benefit by the Secretary of State under this paragraph shall be paid to the eligible lender.

(11) The Secretary of State shall notify the borrower in writing of the total of sums deducted by him under any application—

(a)on receipt of a written request for such information from the borrower; or

(b)on the termination of deductions.

(12) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

(a)in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7C”; and

(b)in sub-paragraph (2) for “and 7” there were substituted “, 7 and 7C”.]

Textual Amendments

F294Word in Sch. 9 para. 7C(2)(b)(ii) omitted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(19)(b)(i)

[F300Integration loansE+W+S

7D.  Subject to paragraphs 2(2), 8 and 9, where a person has an integration loan which is recoverable by deductions, any weekly amount payable shall be equal to 5 per cent. of the personal allowance of a single claimant aged not less than 25 years, including where the loan is a joint loan.]

Textual Amendments

[F301Tax credits overpayment debts and self-assessment debtsE+W+S

7E.—(1) In this paragraph—

“self-assessment debt” means any debt which—

(a)

has arisen from submission of a self-assessment to Her Majesty’s Revenue and Customs under section 9 of the Taxes Management Act 1970 (returns to include self-assessment); and

(b)

is recoverable under Part 6 of that Act;

“tax credits overpayment debt” means any debt which is recoverable under section 29 of the Tax Credits Act 2002 (recovery of overpayments).

(2) Where the conditions set out in sub-paragraph (3) are met, the Secretary of State may deduct from a specified benefit to which the beneficiary is entitled a sum which is up to a maximum of 3 times 5 per cent of the personal allowance for a single claimant aged not less than 25 and pay that sum to Her Majesty’s Revenue and Customs towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs.

(3) The conditions mentioned in sub-paragraph (2) are—

(a)that the beneficiary has given written consent to Her Majesty’s Revenue and Customs for deductions to be made from a specified benefit towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs; and

(b)no sum is being deducted under this paragraph.

(4) The Secretary of State shall cease making deductions from a specified benefit under this paragraph if—

(a)there is no longer sufficient entitlement to a specified benefit to enable deductions to be made;

(b)entitlement to all specified benefits has ceased;

(c)the beneficiary withdraws consent for the Secretary of State to make deductions from a specified benefit; or

(d)the beneficiary is no longer liable to repay any tax credits overpayment debt or self-assessment debt.

(5) The Secretary of State shall notify the beneficiary in writing of the total sums deducted under this paragraph—

(a)on receipt of a written request for such information from the beneficiary; or

(b)on the termination of deductions.

(6) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

(a)in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7E”; and

(b)in sub-paragraph (2) for “and 7D” there were substituted “, 7D and 7E”.]

Textual Amendments

Maximum amount of payments to third partiesE+W+S

8.—(1) The maximum aggregate amount payable under [F302paragraphs] 3(2)(a), 5(6), 6(2)(a) [F303, 7(3)(a) [F304, 7(5)(a) and 7A]]F305...[F306, and] [F307regulation 5 of the Council Tax Regulations and regulation 4 of the Fines Regulations][F308, and in respect of an integration loan which is recoverable by deductions] shall not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.

(2) The maximum [F309aggregate] amount payable under [F310paragraphs 3(2)(a), 5, 6[F311,7 and 7D]] shall not without the consent of the beneficiary, exceed [F312a sum calculated in accordance with sub-paragraph (4);]

F313[F314(2A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315 [F316(3)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F317(4) The sum referred to in sub-paragraph (2) is—

(a)where the claimant or partner does not receive child tax credit, 25 per cent of—

(i)in the case of income support, the applicable amount for the family as is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

(ii)in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; F318...

(iii)in the case of state pension credit, the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations 2002 which may be applicable in the particular case; or

[F319[F320(iv)in the case of an employment and support allowance, the applicable amount for the family as is awarded under paragraph (1)(a) and (b) of regulation 67 (prescribed amounts) or paragraph (1)(a) to (c) of regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or]]

(b)where the claimant or his partner receives child tax credit, 25 per cent of the sum of—

(i)the amount mentioned in [F321sub-paragraphs (a)(i) to (iv)], which applies to the claimant;

(ii)the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 2002; and

(iii)the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act.]

Textual Amendments

F316Sch. 9 para. 8(3) inserted (25.5.1992 for specified purposes and for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(3)(b)

Modifications etc. (not altering text)

Priority as between certain debtsE+W+S

9.—F322(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F322(1A) Where in any one week—

(a)more than one of paragraphs 3 to [F3237A, 7C or 7E] are applicable to the beneficiary; or

(b)one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, [F324regulation 3 of the Community Charges Regulations, regulation 3 of the Community Charges (Scotland) Regulations, regulation 4 of the Fines Regulations[F325, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007]] also applies; and

(c)the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;

the order of priorities specified in sub-paragraph (1)(B) shall apply.

(1B) The order of priorities which shall apply in sub-paragraph (1)(A) is—

F326(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)any liability mentioned in paragraph 3 (housing costs)[F327, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments)];

(b)any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));

(c)any liability mentioned in paragraph 6 (fuel costs);

(d)any liability mentioned in paragraph 7 (water charges);

(e)any liability mentioned in [F328regulation 3 of the Community Charges Regulations (deductions from income support etc.), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.)];

(f)any liability mentioned in [F329regulation 4 of the Fines Regulations (deductions from offender’s income support etc.)];

(g)any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).]

[F330(ga)any liability to repay an integration loan which is recoverable by deductions.]

[F331(h)any liability mentioned in paragraph 7C (liability in respect of loans).]

[F332(i)any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).]

(2) As between liability for items of housing costs liabilities in respect of mortgage payments shall have priority over all other items.

(3) As between liabilities for items of gas or electricity the [F333Secretary of State] shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.

F334(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F336Regulations 34A and 34B]

[F335SCHEDULE 9AE+W+SDEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS

Textual Amendments

F335Sch. 9A inserted (25.5.1992 for specified purposes and for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 6

InterpretationE+W+S

1.  In this Schedule—

F337...

F337...

   

“Income Support Regulations” means the Income Support (General) Regulations 1987;

[F338“relevant benefits” means—

(a)

[F339income support, or income support and any incapacity benefit or severe disablement allowance where—

(i)

either benefit is paid with income support in a combined payment in respect of any period; and

(ii)

the income support alone is insufficient for the purpose of this Schedule;]

(b)

F340... [F341and

(c)

income-based jobseeker’s allowance;] F342...

(ca)

[F343contribution-based jobseeker’s allowance where—

(i)

both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment, and

(ii)

the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule;]

(d)

[F344[F345state pension credit, or state pension credit and any retirement pension, incapacity benefit or severe disablement allowance where—

(i)

one of those benefits is paid with state pension credit in a combined payment in respect of any period; and

(ii)

the state pension credit alone is insufficient for the purpose of this Schedule;]][F346and]

(e)

[F346income-related employment and support allowance;]

(f)

[F347contributory employment and support allowance where—

(i)

both income-related employment and support allowance and contributory employment and support allowance are in payment, and

(ii)

the income-related employment and support allowance alone is insufficient for the purposes of this Schedule;]

F348...;]

“specified part” shall be construed in accordance with paragraph 3.

Textual Amendments

F343Words in Sch. 9A para. 1 inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), reg. 3(a)

F347Words in Sch. 9A para. 1 inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), reg. 3(b)

Specified circumstances [F349for the purposes of regulation 34A]E+W+S

[F3502.  The circumstances referred to in regulation 34A are that—

(a)[F351[F352the amount to be met under—

(i)Schedule 3 to the Income Support Regulations; or

(ii)Schedule 2 to the Jobseeker’s Allowance Regulations; or

(iii)Schedule II to the State Pension Credit Regulations;][F353or]

[F353(iv)Schedule 6 to the Employment and Support Allowance Regulations,]

by reference to the standard rate F354... and, in the case of income support, to any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations;]

(b)the relevant benefits to which a relevant beneficiary is entitled are payable in respect of a period of 7 days or a multiple of such a period.]

Textual Amendments

F350Sch. 9A para. 2 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 6

[F355Specified circumstances for the purposes of regulation 34BE+W+S

2A.—(1) The circumstances referred to in regulation 34B are that—

(a)the relevant beneficiary is entitled to a savings credit as construed in accordance with sections 1 and 3 of the 2002 Act and not to a guarantee credit; and

(b)sub-paragraphs (a) and (b) of paragraph 2 apply.

(2) The further circumstances referred to in that regulation are that—

(a)the relevant beneficiary has requested the Secretary of State in writing to make such payments to the qualifying lender; or

(b)the Secretary of State has determined that it would be in the relevant beneficiary’s interests, or in the interests of his family, to make such payments to the qualifying lender.

(3) In making the determination referred to in sub-paragraph (2)(b), the Secretary of State shall have regard to whether or not the relevant beneficiary is in arrears with his payments to the qualifying lender.

(4) For the purposes of sub-paragraph (2)(b), “a family” comprises the relevant beneficiary, 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 [F35620], is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the relevant beneficiary or the relevant beneficiary’s partner.]

Textual Amendments

Specified part of relevant benefitE+W+S

3.—[F357(1) Subject to the following provisions of this paragraph, the part of any relevant benefits which, as determined by the [F358Secretary of State in accordance with regulation 34A, shall be paid] directly to the qualifying lender (“the specified part") is[F359, in the case of income support,] a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [F359or, in the case of jobseeker’s allowance, equal to the amount of mortgage interest to be met in accordance with paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations][F360or, in the case of employment and support allowance, a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations].]

[F361(1A) Subject to the following provisions of this paragraph, the part of state pension credit which, as determined by the Secretary of State in accordance with regulation 34A, shall be paid directly to the qualifying lender [F362or, in accordance with regulation 34B, may be paid directly to the qualifying lender], is a sum equal to the amount of mortgage interest to be met under paragraph 7 of Schedule II to the State Pension Credit Regulations.]

F357(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, in determining a relevant beneficiary’s applicable amount for the purposes of income support [F363income-based jobseeker's allowance or income-related employment and support allowance] [F364or a relevant beneficiary’s appropriate minimum guarantee in state pension credit]—

(a)a sum in respect of housing costs is brought into account in addition to a sum in respect of mortgage interest; and

(b)in accordance with [F365paragraph 4(8) or (11) or paragraph 18] of Schedule 3 to the Income Support Regulations [F366or, as the case may be [F367paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or], paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F368or paragraph 6(10) or (13) or 19 of Schedule 6 to the Employment and Support Allowance Regulations] an amount is not allowed or a deduction falls to be made from the amount to be met under [F369either of those Schedules],

then the specified part referred to in [F370sub-paragraph (1) or (1A)] of this paragraph is the mortgage interest minus a sum calculated by applying the formula—

[F365where—

A

=

housing costs within the meaning of paragraph 1 of Schedule 3 to the Income Support Regulations [F371or, as the case may be [F372paragraph 1 of Schedule II to the State Pension Credit Regulations or], paragraph 1 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F373or paragraph 1 of Schedule 6 to the Employment and Support Allowance Regulations];

B

=

the housing costs to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [F371or, as the case may be [F374paragraph 7 of Schedule II to the State Pension Credit Regulations or], paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F375or paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations]; and

C

=

the sum which is not allowed or falls to be deducted in accordance with paragraph 18 of Schedule 3 to the Income Support Regulations [F371or, as the case may be [F376paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or], paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F377or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations].]

(4) [F378Except where the relevant benefit is state pension credit,] where a payment is being made under a policy of insurance taken out by a beneficiary to insure against the risk of his being unable to maintain repayments of mortgage interest to a qualifying lender, then the amount of any relevant benefits payable to that lender shall be reduced by a sum equivalent to so much of the amount payable under the policy of insurance as represents payments in respect of mortgage interest.

F379(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F380(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F381(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where the amount of any relevant benefits to which a relevant beneficiary is entitled is less than the sum which would, but for this sub-paragraph, have been the specified part, then the specified part shall be the amount of any relevant benefits to which the relevant beneficiary is entitled less 10p.

[F382(9) In the case of a person to whom regulation 6(5) of the Income Support Regulations applies, no part of any relevant benefit shall be paid directly by the Secretary of State to a qualifying lender.]

[F383(10) In sub-paragraph (1), the relevant benefits do not include in the case of state pension credit [F384but not in a case to which sub-paragraph (11) applies,] so much of any additional amount which is applicable in the claimant’s case under Schedule II to the State Pension Credit Regulations (housing costs) in respect of a period before the decision awarding state pension credit was made.]

[F385(11) This sub-paragraph applies where the last day on which either the claimant or his partner were entitled to income support or to an income-based jobseeker’s allowance was no more than twelve weeks before—

(a)except where paragraph (b) applies, the first day of entitlement to state pension credit; or

(b)where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date.]

Textual Amendments

F357Sch. 9A para. 3(1) substituted for Sch. 9A para. 3(1) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 7(a)

F365Words in Sch. 9A para. 3(3)(b) (5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 7(b)(c)

F381Sch. 9A para. 3(7) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 7(d)

Direct payment: more than one loanE+W+S

4.—(1) This paragraph applies where the borrower is liable to pay mortgage interest in respect of two or more different loans.

[F386(2) Subject to the following provisions of this paragraph, the Secretary of State shall pay to the qualifying lender or, if there is more than one qualifying lender, to each qualifying lender—

(a)a sum equal to the mortgage interest determined by reference to paragraph 12 of Schedule 3 to the Income Support Regulations [F387or, as the case may be [F388paragraph 9 of Schedule II to the State Pension Credit Regulations or], paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F389or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations] (standard rate) in respect of each loan made by that lender; plus

(b)any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (transitional protection) attributable to the particular loan; F390...

F391(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) If, by virtue of deductions made under either paragraph 3(2) or 3(3), the specified part is less than the amount payable by the borrower in respect of mortgage interest, then the sum payable under sub-paragraph (2)(a) shall be minus such proportion of the sum subtracted under those sub-paragraphs as is attributable to the particular loan.

(4) Paragraph 3(4) shall apply to reduce the amount payable to a qualifying lender mentioned in sub-paragraph (2) above as it applies to reduce the amount of any relevant benefits payable to a qualifying lender under paragraph 3.

(5) Where the specified part is the part referred to in paragraph 3(8), the Secretary of State shall pay the specified part directly to the qualifying lenders to whom mortgage interest is payable by the borrower in order of the priority of mortgages or (in Scotland) in accordance with the preference in ranking of heritable securities.

Textual Amendments

F386Sch. 9A para. 4(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 8

[F392Application of payment where it exceeds borrower’s actual mortgage interestE+W+S

4A.—(1) Subject to sub-paragraph (2), insofar as the sum paid to a qualifying lender under this Schedule in respect of a particular loan exceeds the borrower’s liability in respect of the mortgage interest payable on that loan the excess shall be applied by that lender in the following order of priority—

(a)first, towards the discharge of any liability for arrears of mortgage interest in respect of that loan;

(b)second, towards the discharge of any liability to repay the principal sum, or any other sum payable by the borrower to that lender, in respect of that loan.

(2) Where the borrower is liable to pay mortgage interest to the same qualifying lender in respect of two or more different loans, insofar as the sum paid to that lender under this Schedule in respect of one of those loans (“loan A”) exceeds the borrower’s liability in respect of the mortgage interest payable on that loan the excess shall be applied by that lender in the following order of priority—

(a)first, towards the discharge of any liability for arrears of mortgage interest payable in respect of loan A;

(b)second, towards the discharge of any liability to repay the principal sum, or any other sum payable by the borrower to that lender, in respect of loan A or (insofar as that liability is not already discharged by the application of any other sum paid to the qualifying lender under this Schedule) any of the other loans.]

Textual Amendments

Relevant benefitsE+W+S

F3935.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Time and manner of paymentsE+W+S

6.  Payments to qualifying lenders under regulation 34A [F394or 34B] and this Schedule shall be made in arrears at intervals of 4 weeks.

Textual Amendments

Fees payable by qualifying lendersE+W+S

7.  For the purposes of defraying the expenses of the Secretary of State in administering the making of payments under regulation 34A [F395or 34B] and this Schedule a qualifying lender shall pay to the Secretary of State a fee of [F396£0.39] in respect of each payment made under regulation 34A [F395or 34B] and this Schedule.

Textual Amendments

Qualifying lendersE+W+S

8.  The following bodies and persons shall be qualifying lenders—

(a)the [F397Regulator of Social Housing];

F398[F399(aa)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aaa)[F400the Greater London Authority;]

(b)Housing for Wales;

[F401(c)Communities Scotland;]

(d)the Development Board for Rural Wales; and

(e)any body incorporated under the Companies Act 1985 whose main objects include the making of loans secured by a mortgage of or a charge over land or (in Scotland) by a heritable security.

Textual Amendments

F399Sch. 9A para. 8(aa) inserted (1.12.08) by The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008 (S.I. 2008/2831), art. 1, Sch. 1 para 4

Modifications etc. (not altering text)

Election not to be regarded as a qualifying lenderE+W+S

9.—(1) A body which, or a person who, would otherwise be a qualifying lender may elect not to be regarded as such for the purposes of these Regulations by giving notice of election under this paragraph to the Secretary of State in accordance with sub-paragraphs (2) and (3).

(2) Subject to sub-paragraph (3), notice of election shall be given in writing—

(a)in the case of the financial year 1992 to 1993, before 23rd May 1992 and shall take effect on that date; and

(b)in the case of any other financial year, before 1st February in the preceding year and shall take effect on 1st April following the giving of the notice.

(3) A body which, or a person who, becomes a qualifying lender during a financial year and who wishes to elect not to be regarded as such for the purposes of these Regulations shall give notice of election in writing within a period of six weeks from the date on which the person or body became a qualifying lender.

(4) [F402Neither regulation 34A nor 34B shall] apply to a body which, or a person who, becomes a qualifying lender during a financial year for a period of six weeks from the date on which the person or body became a qualifying lender unless, either before the start of that period or at any time during that period, the person or body notifies the Secretary of State in writing that this sub-paragraph should not apply.

(5) A body which, or a person who, has made an election under this paragraph may revoke that election by giving notice in writing to the Secretary of State before 1st February in any financial year and the revocation shall take effect on the 1st April following the giving of the notice.

(6) Where a notice under this paragraph is sent by post it shall be treated as having been given on the day it was posted.

Textual Amendments

Provision of informationE+W+S

10.—(1) A qualifying lender shall provide the Secretary of State with information relating to—

(a)the mortgage interest payable by a borrower;

(b)the amount of the loan;

(c)the purpose for which the loan is made;

(d)the amount outstanding on the loan on which the mortgage interest is payable;

(e)any change in the amount of interest payable by the borrower;

at the times specified in sub-paragraphs (2) and (3).

[F403(2) Subject to sub-paragraph (4), the information referred to in heads (a), (b), (c) and (d) of sub-paragraph (1) shall be provided at the request of the Secretary of State when a claim for—

(a)income support[F404, employment and support allowance] or income-based jobseeker’s allowance is made and a sum in respect of mortgage interest is to be brought into account in determining the applicable amount; or

(b)state pension credit is made and a sum in respect of housing costs is applicable in the claimant’s case in accordance with regulation 6(6)(c) of the State Pension Credit Regulations.]

(3) [F405Subject to sub-paragraph (4),] the information referred to in heads (d) and (e) of sub-paragraph (1) shall be provided at the request of the Secretary of State—

(a)when a claim for income support[F406, employment and support allowance][F407, state pension credit] [F408or income-based jobseeker’s allowance] ceases to be paid to a relevant beneficiary; and

(b)once every 12 months notwithstanding that, in relation to head (d), the information may already have been provided during the period of 12 months preceding the date of the Secretary of State’s request.

[F409(4) Where a claimant or his partner is a person to whom either paragraph 1A of Schedule 3 to the Income Support (General) Regulations 1987 (housing costs)[F410, paragraph 3 of Schedule 6 to the Employment and Support Allowance Regulations (housing costs)] or paragraph 1A of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs) refers, the information to which sub-paragraphs (2) and (3)(b) refer shall be provided at the request of the Secretary of State on the anniversary of the date on which the housing costs in respect of mortgage interest were first brought into account in determining the applicable amount of the person concerned.]

Textual Amendments

Recovery of sums wrongly paidE+W+S

11.—(1) Where sums have been paid to a qualifying lender under regulation 34A [F411or 34B] which ought not to have been paid for one or both of the reasons mentioned in sub-paragraph (2) of this paragraph, the qualifying lender shall, at the request of the Secretary of State, repay the sum overpaid.

(2) The reasons referred to in sub-paragraph (1) of this paragraph are—

(a)that—

(i)the rate at which the borrower pays mortgage interest has been reduced [F412or the rate [F413determined in accordance with] paragraph 12 of Schedule 3 to the Income Support Regulations [F414or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations][F415, or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations] [F416or paragraph 9 of Schedule II to the State Pension Credit Regulations] (standard rate) has been reduced] or the amount outstanding on the loan has reduced, and

(ii)as a result of this reduction the applicable amount of the relevant beneficiary has also been reduced, but

(iii)no corresponding reduction was made to the specified part; or

(b)subject to paragraph (3), that the relevant beneficiary has ceased to be entitled to any relevant benefits.

(3) A qualifying lender shall only repay sums which ought not to have been paid for the reason mentioned in sub-paragraph (2)(b) of this paragraph if the Secretary of State has requested that lender to repay the sums within a period of 4 weeks starting with the last day on which the relevant beneficiary was entitled to any relevant benefits.]

Textual Amendments

F412Words in Sch. 9A para. 11(2)(a)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 9

Regulation 35

[F417SCHEDULE 9BE+W+SDEDUCTIONS FROM BENEFIT IN RESPECT OF CHILD SUPPORT MAINTENANCE AND PAYMENT TO PERSONS WITH CARE

Textual Amendments

InterpretationE+W+S

1.  In this Schedule—

“the Act” means the Child Support Act 1991,

“beneficiary” means a person who has been awarded a specified benefit and includes each member of a joint-claim couple awarded joint-claim jobseeker’s allowance,

[F418“fee” means any collection fee under Part 3 of the Child Support Fees Regulations 2014 which is payable by the non-resident parent,]

“maintenance”[F419, except in paragraph 3,] means maintenance which a non-resident parent is liable to pay under the Act at a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1 to the Act, and includes such maintenance payable at a transitional rate in accordance with Regulations made under section 29(3)(a) of the Child Support, Pensions and Social Security Act 2000,

“specified benefit” means either a benefit, pension or allowance mentioned in section 5(2) of the Social Security Administration Act 1992 and which is prescribed for the purpose of paragraph 4(1)(b) or (c) of Schedule 1 to the Act or a war disablement pension or a war widow’s pension within the meaning of section 150(2) of the Social Security Contributions and Benefits Act 1992.

Textual Amendments

F419Words in Sch. 9B para. 1 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002 (S.I. 2002/1950), regs. 1(2), 3(a)

DeductionsE+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 [F420and any fee] which is payable by the beneficiary (or in the case of income support[F421, state pension credit][F422, 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[F423, and retain any amount deducted in discharge of any liability to pay a fee].

(2) A deduction [F424for maintenance and fees] may only be made from one of the specified benefits in any one week.

[F425(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

ArrearsE+W+S

3.—(1) Except where income support[F426, state pension credit][F427, income-based jobseeker's allowance or income-related employment and support allowance] is payable to the beneficiary or his partner, the Secretary of State may deduct the sum of [F428£1.20] per week from a specified benefit which the beneficiary has been awarded and, subject to sub-paragraph (2), pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary’s liability to pay arrears of maintenance[F429, and retain any amount deducted in discharge of any liability to pay a fee].

(2) Deductions made under sub-paragraph (1) may be retained by the Secretary of State in the circumstances set out in regulation 8 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992.

[F430(3) In sub-paragraph (1) “maintenance” means child support maintenance as defined by section 3(6) of the Act—

(a)before the amendment of the definition of such maintenance by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000;

(b)after the amendment of the definition; or

(c)both before and after the amendment of the definition,

and includes maintenance payable at a transitional rate in accordance with regulations made under section 29(3)(a) of that Act.]

Textual Amendments

F430Sch. 9B para. 3(3) added (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002 (S.I. 2002/1950), regs. 1(2), 3(b)

ApportionmentE+W+S

4.  Where maintenance is payable to more than one person with care, the amount deducted [F431in respect of maintenance] shall be apportioned between the persons with care in accordance with paragraphs 6, 7 and 8 of Schedule 1 to the Act.

Textual Amendments

Flat rate maintenanceE+W+S

5.—(1) This sub-paragraph applies where the beneficiary and his partner are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Act and either of them has been awarded income support[F432, state pension credit][F433, income-based jobseeker's allowance or income-related employment and support allowance].

(2) Where sub-paragraph (1) applies, an amount not exceeding [F434the flat rate of maintenance] [F435and any fee] may be deducted in respect of the sum of both partners' liability to pay maintenance [F436and any fee], in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 [F437or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012] and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance [F438or retained in discharge of any liability to pay a fee].

Textual Amendments

Flat rate maintenance (polygamous marriage)E+W+S

6.—(1) This sub-paragraph applies where two or more members of a polygamous marriage are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Act and any member of the polygamous marriage has been awarded income support[F439, state pension credit][F440, income-based jobseeker's allowance or income-related employment and support allowance].

(2) Where sub-paragraph (1) applies, an amount not exceeding [F441the flat rate of maintenance] [F442and any fee] may be deducted in respect of the sum of all the members' liability to pay maintenance [F443and any fee], in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 [F444or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012] and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance [F445or retained in discharge of any liability to pay a fee].

(3) In this paragraph “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.

Textual Amendments

NoticeE+W+S

7.  When the Secretary of State commences making deductions, he shall notify the beneficiary in writing of the amount and frequency of the deduction and the benefit from which the deduction is made and shall give further such notice when there is a change to any of the particulars specified in the notice.

GeneralE+W+S

8.  A deduction made in accordance with this Schedule is a deduction by way of recovery for the purposes of regulation 40(3) of the Income Support (General) Regulations 1987[F446, regulation 104(3)of the Employment and Support Allowance Regulations] and regulation 103(3) of the Jobseeker’s Allowance Regulations 1996.]

Textual Amendments

Regulations 4ZC and 32ZA

[F447SCHEDULE 9ZCE+W+SELECTRONIC COMMUNICATION

Textual Amendments

Modifications etc. (not altering text)

C5Sch. 9ZC applied by SI 2006/215 reg 74A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 4(3))

C6Sch. 9ZC applied by SI 2006/216 reg 59A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 5(3))

C7Sch. 9ZC applied by SI 2001/3252, reg. 4(1E) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 3(2)(b))

C8Sch. 9ZC applied by SI 2006/213, reg. 88A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 6(3))

PART 1E+W+SINTRODUCTION

InterpretationE+W+S

1.  In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2E+W+SELECTRONIC COMMUNICATION – GENERAL PROVISIONS

Conditions for the use of electronic communicationE+W+S

2.—[F448(1) The Secretary of State may use an electronic communication in connection with claims for, and awards of—

(a)carer’s allowance;

(b)attendance allowance;

[F449(ba)bereavement support payment;]

(c)disability living allowance;

(d)graduated retirement benefit;

(e)a jobseeker’s allowance;

(f)a retirement pension;

(g)state pension under Part 1 of the Pensions Act 2014;

(h)shared additional pension;

(i)industrial injuries benefit;

(j)an employment and support allowance;]

(k)[F450a social fund funeral payment]

[F448(1A) The Secretary of State may use an electronic communication in connection with awards of—

(a)incapacity benefit;

(b)income support;

(c)state pension credit.]

(2) A person other than the Secretary of State may use an electronic communication in connection with the matters referred to in [F451sub-paragraphs (1) and (1A)] if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Secretary of State.

(4) The second condition is that the person uses an approved method of—

(a)authenticating the identity of the sender of the communication;

(b)electronic communication;

(c)authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication; and

(d)subject to sub-paragraph (7), submitting to the Secretary of State any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule.

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Secretary of State.

(7) Where the person uses any method other than the method approved by the Secretary of State, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph “approved” means approved by means of a direction given by the Secretary of State for the purposes of this Schedule.

Textual Amendments

F448Sch. 9ZC para. 2(1)(1A) substituted for Sch. 9ZC para. 2(1) (15.6.2016) by The Social Security (Claims and Payments) Amendment Regulations 2016 (S.I. 2016/544), reg. 2(5)(a)

F449Sch. 9ZC para. 2(1)(ba) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(14)

Use of intermediariesE+W+S

3.  The Secretary of State may use intermediaries in connection with—

(a)the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

(b)the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3E+W+SELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communicationE+W+S

4.—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

(a)by this Schedule; and

(b)by or under an applicable enactment,

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of informationE+W+S

5.  If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

(a)the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

(b)the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of informationE+W+S

6.—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

(a)any such claim, certificate, notice, information or evidence has been delivered to the Secretary of State, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

(b)any such certificate, notice, information or evidence has been delivered by the Secretary of State, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Secretary of State has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of informationE+W+S

7.  If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.]

Regulations 4C and 32A

[F452SCHEDULE 9CE+W+SELECTRONIC COMMUNICATION

Textual Amendments

PART 1E+W+SINTRODUCTION

InterpretationE+W+S

1.  In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the—

(a)sending or receiving of any claim, certificate, notice, information or evidence; or

(b)processing or storing of any claim, certificate, notice, information or evidence.

PART 2E+W+SELECTRONIC COMMUNICATION—GENERAL PROVISIONS

Conditions for the use of electronic communicationE+W+S

2.—(1) The Secretary of State may use an electronic communication in connection with claims for, and awards of, child benefit and elections under regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election).

(2) A person other than the Secretary of State may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Secretary of State.

(4) The second condition is that the person uses an approved method of—

(a)authenticating the identity of the sender of the communication;

(b)electronic communication;

(c)authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication; and

(d)subject to sub-paragraph (7), submitting to the Secretary of State any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule.

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Secretary of State.

(7) Where the person uses any method other than the method approved by the Secretary of State, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph “approved” means approved by means of a direction given by the Secretary of State for the purposes of this Schedule.

Use of intermediariesE+W+S

3.  The Secretary of State may use intermediaries in connection with—

(a)the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

(b)the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3E+W+SELECTRONIC COMMUNICATION—EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communicationE+W+S

4.—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

(a)by this Schedule; and

(b)by or under an applicable enactment,

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

Proof of identity of sender or recipient of informationE+W+S

5.  If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

(a)the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

(b)the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person recorded as such on that official computer system.

Proof of delivery of informationE+W+S

6.—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

(a)any such claim, certificate, notice, information or evidence has been delivered to the Secretary of State, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

(b)any such certificate, notice, information or evidence has been delivered by the Secretary of State, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Secretary of State has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of informationE+W+S

7.  If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.]

Regulation 48

SCHEDULE 10E+W+SREVOCATIONS

Column (1)Column (2)Column (3)
The Mobility Allowance Regulations 1975 (S.I. 1975/1573).Regulations 5 to 9, 21 and 22.Social Security Act 1975, sections 37A M7, 81, 114, 119(3) and (4) and 165A M8.
The Mobility Allowance (Motability Payment Arrangements) Regulations 1978 (S.I. 1978/1131).The whole of the Regulations.Social Security Act 1975, section 81.
The Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628).The whole of the Regulations except Parts I (General), IV (including Schedule 4) (Special Provisions Relating to Industrial Injuries Benefit only) and regulation 31 (breach of regulations).Social Security Act 1975, sections 79 to 81 M9, and 165A.
The Family Income Supplements (Claims and Payments) Regulations 1980 (S.I. 1980/1438).The whole of the Regulations.Family Income Supplements Act 1970, sections 5(2) and 10(2).
The Supplementary Benefit (Claims and Payments) Regulations 1981 (S.I. 1981/1525).The whole of the Regulations.Supplementary Benefits Act 1976, sections 11 and 14(1)(a), (b), (c), (e), (g), (h), (i) and (k) and (2) and Schedule 1, paragraph 4.
The Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408).Regulations 8, 9(1) to (4) and (7) to (9) and 41.Social Security Act 1975 section 81(6) and section 119(3) and (4).
The Social Security (Adjudication) Regulations 1984 (S.I. 1984/451).Regulation 76.Social Security Act 1975 section 119(3) and (4); Child Benefit Act 1975 M10 sections 7 and 22.
The Child Benefit (Claims and Payments) Regulations 1984 (S.I. 1984/1960).The whole of the Regulations, except regulations 1(1), (2) and (4) and 12.Child Benefit Act 1975, sections 6(1) and (3) to (5), 11(2) and 22(1)(b).
The Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986 (S.I. 1986/2172).The whole of the Regulations.Social Security Act 1975, section 114 and Social Security Act 1986, sections 51(1)(a) to (s), 54 and 84(1).

Marginal Citations

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