Subject to F72sub–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.

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.

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.

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.

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

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.

F6Subject 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.

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.

In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulationF39except 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.

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

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.

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

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.

In this Schedule–

• F55“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;

• F100“contribution-based jobseeker’s allowance” F291(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”;

• F233“contributory employment and support allowance” F292(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 F159and 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;

• F56“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.

• F23“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;

• F24F194“hostel” means a building—

  1. 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—

  2. b

     which is—

     1. i

        managed by or owned by a housing association registered with F273the Regulator of Social Housing or the Welsh Ministers;

     2. ii

        F260managed or owned by a registered social landlord which is registered in accordance with F297Part 2 of the Housing (Scotland) Act 2010;

     3. 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

     4. 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

  3. c

     which is not—

     1. i

        a care home;

     2. ii

        an independent hospital; or

     3. iii

        an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and

  4. 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;

• F25“housing authority” means a local authority, a new town corporation, F261... or the Development Board for Rural Wales;

• F197“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;

• F197“the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

• F96“housing costs” means any housing costs met under—

  1. a

     Schedule 3 to the Income Support Regulations but—

     1. i

        excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); and

     2. ii

        includes costs under paragraphs 17(1)(a) (ground rent F183...) 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

  2. b

     Schedule 2 to the Jobseeker’s Allowance Regulations but—

     1. i

        excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); and

     2. ii

        includes costs under paragraphs 16(1)(a) (ground rent F183... ) 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);

  3. c

     F160Schedule II to the State Pension Credit Regulations but—

     1. i

        excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); and

     2. ii

        includes costs under paragraphs 13(1)(a) (ground rent F183... ) 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);F234or

  4. d

     F234Schedule 6 to the Employment and Support Allowance Regulations but—

     1. i

        excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); and

     2. 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);

• F184...

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

• F218“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);

• F370“moratorium debt” has the same meaning as in regulation 6 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;

• F348...

• “personal allowance for a single claimant aged not less than 25 years” means the amount specified F161in connection with income support and state pension credit in F26paragraph 1(1)(e) of column 2 of Schedule 2 to the Income Support Regulations F98or, F162in connection with jobseeker’s allowance, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance RegulationsF235or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations;

• F12...

• “rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–

  1. a

     includes any water charges which are paid with or as part of the rent;

  2. 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

  3. c

     references to “rent” include references to part only of the rent; and

• “F76specified benefit” means—

  1. a

     F185income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance—

     1. i

        in a combined payment;

     2. ii

        in part to the beneficiary and in part to another person in accordance with regulation 34; or

     3. 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;

  2. b

     F151F332...F97and

  3. c

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

  4. d

     F163F186state pension credit or, where in respect of any period it is paid together with any retirement pensionF332, state pension under Part 1 of the Pensions Act 2014, incapacity benefit or severe disablement allowance—

     1. i

        in a combined payment;

     2. ii

        in part to the beneficiary and in part to another person in accordance with regulation 34; or

     3. iii

        by means of two or more instruments of payment,

     state pension credit and retirement pensionF332, 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;

  5. e

     F236subject to sub-paragraph (3), employment and support allowance;

  F289...

• F295“water charges” means—

  1. a

     as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991;

  2. 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;

• F27“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 F296or in respect of any area in Scotland, Scottish Water.

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.

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.

Subject to F46sub-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 F164or appropriate minimum guarantee, the F121Secretary of State may, if in F138his 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).

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.

Sub-paragraph (1) shall not apply to any debt which is for any 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 the opinion of the Secretary of State it is in the overriding interests of the family that paragraph (1) should apply.

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

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

Where the amount calculated under sub-paragraphs F180(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.

Subject to sub-paragraph (3) below, where a beneficiary F50... has been awarded specified benefit the F124Secretary 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.

The provisions referred to in sub-paragraph (3)(a) above are F263regulation 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.

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

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.

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.

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.

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

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 F206a sum calculated in accordance with paragraph 8(4);

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

In a case to which sub-paragraph (1) F225or (1A) applies the F128Secretary 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 F29... shall be paid to his landlordF278, 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.

Immediately after the discharge of any arrears of rent to which sub-paragraph (1) F226or (1A) applies and in respect of which a determination has been made under sub-paragraph (6) the F129Secretary 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 F201F265regulation 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.

F167Subject 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 F299fuel 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 F300the fuel in respect of which the debt arose (“the relevant fuel”), the F130Secretary 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).

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

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

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 F208a sum calculated in accordance with paragraph 8(4);

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

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

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, F63including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt.

Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the F131Secretary 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, F53but only if F140the 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.

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 F133Secretary of State may determine that the sum so estimated shall be adjusted for a period of 26 weeks F54or such longer period as may be reasonable in the circumstances of the case to take account of that credit or further debt.

F105Subject 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 F210a sum calculated in accordance with sub-paragraph 8(4);

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

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—

  1. a

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

  2. 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);

  3. c

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

  4. d

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

  5. e

     F227a 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—

  1. a

     which is secured by a charge or pledge;

  2. b

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

  3. 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.

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 F228single 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.

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

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

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.

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.

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.

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

In this paragraph—

• “self-assessment debt” means any debt which—

  1. 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

  2. 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).

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.