Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England and Wales only, provide for deductions to be made from income support towards discharging a debt in respect of community charges where an authority (that is, the charging authority) has obtained a liability order against a person (the debtor). They revoke and replace the Community Charges (Deductions from Income Support) Regulations 1990 (S.I. 1990/107).

The Regulations further provide that where the Secretary of State receives a notice from an authority asking him to deduct amounts payable by way of income support, he shall refer the matter to an adjudication officer for the determination of the questions as to whether there is enough income support to make such deduction and in the case where other deductions are being made from income support, the priority of the community charges debts in relation to those (regulation 2). Payment to an authority is to be at such intervals as the Secretary of State may decide.

Provision is also made for appeals by the debtor from the decision of the adjudication officer to a social security appeal tribunal and for further appeal from that by the debtor and the adjudication officer to the Social Security Commissioners and from there by the debtor, adjudication officer and Secretary of State to the Court of Appeal.

Incidental provision is made for setting aside decisions, correction of decisions, withdrawal of applications, time limits for making appeals and applications and service of notices and to enable nominated officers to act instead of a Commissioner in certain procedural matters.