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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 and shall come into force on 1st April 1990.

(2) In these Regulations, unless the context otherwise requires–

“the 1975 Act” means the Social Security Act 1975(1);

“the 1986 Act” means the Social Security Act 1986(2);

“adjudication officer” means an officer appointed in accordance with section 97(1) of the 1975 Act;

“appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;

“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the 1975 Act or section 13(5) of the Social Security Act 1980(3), and includes a Tribunal of 3 Commissioners constituted in accordance with section 116 of the 1975 Act;

“couple” means a married or unmarried couple;

“debtor” means a person against whom a liability order has been made;

“5 per cent. of the personal allowance for a single claimant aged not less than 25” and“5 per cent. of the personal allowance for a couple where both members are aged not less than 18” means, in each case, 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;

“income support” means income support within the meaning of the 1986 Act;

“liability order” means an order under regulation 29 of the Community Charges (Administration and Enforcement) Regulations 1989(4);

“married couple” has the meaning ascribed to it in section 20(11) of the 1986 Act;

“payments to third parties” means direct payments to third parties in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(5);

“polygamous marriage” means a marriage to which section 22B of the Social Security Act 1986 refers(6);

“single debtor” means a debtor who is not a member of a couple;

“tribunal”, except in relation to a Tribunal of 3 Commissioners, means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the 1975 Act; and

“unmarried couple” has the meaning ascribed to it in section 20(11) of the 1986 Act.

(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation and Schedule bearing that number in the Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.

(1)

1975 c. 14.

(2)

1986 c. 50.

(3)

1980 c. 30.

(4)

S.I. 1989/438.

(5)

S.I. 1987/1968, amended by S.I. 1988/522, 1725, 1989/136 and 1689.

(6)

Section 22B was inserted into the Social Security Act 1986 by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 5 and was amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 9(3).