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Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Statutory Instruments
COMMUNITY CHARGES, ENGLAND AND WALES
Made
8th March 1990
Laid before Parliament
9th March 1990
Coming into force
1st April 1990
The Secretary of State for Social Security in exercise of powers conferred by sections 22(3) and 146(6) of, and paragraph 6 of Schedule 4 to, the Local Government Finance Act 1988 M1 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971 M2, hereby makes the following Regulations:
Marginal Citations
M11988 c. 41. Section 146(6) is cited for the meaning it ascribes to “Prescribed”.
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–
F1...
“the 1986 Act” means the Social Security Act 1986 M3;
[F2 “the 1998 Act ” means the Social Security Act 1998; ]
F3...
“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 [F4Department for Education and Employment] which is normally open to the public for the receipt of claims for [F5jobseeker’s allowance and income support];
[F6“assessment period” means the period prescribed by regulation 21 of the UC Regulations;]
[F7“contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995, but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;]
[F7“income-based jobseeker’s allowance” means—
an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and
in a case where, 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, contribution-based jobseeker’s allowance,
but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;]
[F8 “ Jobseekers Act ” means the Jobseekers Act 1995; ]
[F9 “ jobseeker’s allowance ” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance; ]
[F10 “Commissioner” has the meaning it bears in section 39(1) of the 1998 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;[F11but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;]
“liability order” means an order under regulation 29 of the Community Charges (Administration and Enforcement) Regulations 1989 M4;
“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 M5; [F12or Schedule 6 to the UC etc. Claims and Payments Regulations,]
“polygamous marriage” means a marriage to which section 22B of the Social Security Act 1986 refers M6;
“single debtor” means a debtor who is not a member of a couple;
[F13“state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;]
[F14 “tribunal” means an appeal tribunal constituted under Chapter I of Part I of the 1998 Act ; ]
[F15“the UC Regulations” means the Universal Credit Regulations 2013;
“the UC etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;
“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;]
“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.
Textual Amendments
F1Reg. 1(2) omitted (29.11.1999) by S.I. 1999/3178, para. 1(d), Sch. 11
F2 Words in reg. 1(2) inserted (29.11.1999) by S.I. 1999/3178, para. 1(b), Sch. 11
F3Reg. 1(2) omitted (29.11.1999) by S.I. 1999/3178, para. 1(d), Sch. 11
F4Words in reg. 1(2) substituted (7.10.1996) by S.I. 1996/2344, reg. 1, 6(a)
F5Words in reg. 1(2) substituted (7.10.1996) by S.I. 1996/2344, reg. 1, 6(a)
F6Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 14(2)
F7Words in reg. 1(2) inserted (1.1.1998 coming into force in accordance with reg. 1(2)(3)(4)(5)(6), 1.1.1998) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 3(1), 3(2)(a)
F8Words in reg. 1(2) added (7.10.1996) by S.I. 1996/2344, reg. 1, 6(c)
F9Words in reg. 1(2) added (7.10.1996) by S.I. 1996/2344, reg. 1, 6(c)
F10Words in reg. 1(2) substituted (29.11.1999) by S.I. 1999/3178, para. 1(c), Sch. 11
F11Words in reg. 1(2) added (7.10.1996) by S.I. 1996/2344, reg. 1, 6(b)
F12Words in reg. 1(2) added (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 14(3)
F13Words in reg. 1(2) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(2)
F14Reg. 1(2) substituted (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 1 para. 1(d)
F15Words in reg. 1(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 14(4)
Modifications etc. (not altering text)
C1Reg. 1 modified (1.10.2010) by Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 2 para. 63 (with reg. 3)
Marginal Citations
M5S.I. 1987/1968, amended by S.I. 1988/522, 1725, 1989/136 and 1689.
M6Section 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).
2.—(1) Where a debtor is entitled to income support[F21, [F22universal credit,] state pension credit][F23, jobseeker’s allowance or employment and support allowance] an authority may apply to the Secretary of State by sending an application in respect of the debtor or, where a liability order is made against a couple, in respect of both of the couple, to an appropriate social security office asking the Secretary of State to deduct sums from any amount payable to the debtor, or as the case may be either of the couple by way of income support[F24, [F22universal credit,] state pension credit] [F25or jobseeker’s allowance].
(2) An application from an authority shall be in writing and shall contain the following particulars–
(a)the name and address of the debtor or where the liability order is made against a couple, the names and address of both of them;
(b)the name and place of the court which made the liability order;
(c)the date when the liability order was made;
(d)the total amount of the arrears specified in the liability order;
(e)the total amount which the authority wishes to have deducted from income support[F26, state pension credit][F27, jobseeker’s allowance or employment and support allowance].
(3) Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required.
F28(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Words in reg. 2(1) heading substituted (7.10.1996), by S.I. 1999/2344, reg. 1, (7)(1)
F17Word in reg. 2 substituted (29.11.1999) by S.I. 1999/3178, para. 5, Sch. 11
F18Words in reg. 2 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(3)
F19Words in reg. 2 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 15(a)
F20Words in reg. 2 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 53(2)(a)
F21Words in reg. 2(1) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(3)
F22Words in reg. 2(1) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 15(b)
F23Words in reg. 2(2)(e) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 53(2)(c)
F24Words in reg. 2(1) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(3)
F25Words in reg. 2(1) added (7.10.1996) by S.I. 1996/2344, reg. 1, 7(3)
F26Words in reg. 2(2)(e) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(3)
F27Words in reg. 2(2) inserted (7.10.1996) by S.I. 1996/2344, reg. 1, 7(4)
F28Reg. 2(4) omitted (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 2
F29Reg. 2(5) omitted (29.11.1999) by S.I. 1999/3178, reg. 2(5), Sch. 11 para. 2
F30Reg. 2(6) omitted (29.11.1999), by S.I. 1999/3178, reg. 2(6), Sch. 11 para. 2
Textual Amendments
F31Reg. 3 substituted reg. 2A and reg. 3 (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 3
3.—(1) Subject to paragraph (4) and regulation 4, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to income support[F35, state pension credit] [F36, income-based jobseeker’s allowance or income-related employment and support allowance] and the amount payable by way of that benefit, after any deduction under this paragraph, is 10 pence or more, the Secretary of State may deduct a sum from that benefit which is equal to 5 per cent. of the personal allowance–
(a)set out in paragraph 1(1)(e) of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 for a couple where–
(i)a liability order is made; and
(ii)that benefit is payable, in respect of both members of a couple both of whom are aged not less than 18; and
(b)in any other case, for a single claimant aged not less than 25 set out in paragraph 1(3)(c) of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996,
and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
[F37(1A) Subject to paragraphs (1B), (1C) and (4A) and regulation 4, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to universal credit, the Secretary of State may deduct an amount from the universal credit payable to the debtor which is equal to 5 per cent. of the appropriate universal credit standard allowance and pay that sum to the authority towards satisfaction of any outstanding sum which is, or forms part of, the amount in respect of which the liability order was made.
(1B) No amount may be deducted under paragraph (1A) where it would reduce the amount of universal credit payable to the debtor to less than 1 penny.
(1C) For the purpose of paragraph (1A), where 5 per cent. of the appropriate universal credit standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.
(1D) In paragraphs (1A) and (1C), “appropriate universal credit standard allowance” means the appropriate universal credit standard allowance for the debtor for the assessment period in question under regulation 36 of the UC Regulations.]
(2) Subject to paragraph (3) and regulation 4, where–
(a)the Secretary of State receives an application from an authority in respect of a debtor who is entitled to contribution-based jobseeker’s allowance; and
(b)the amount of contribution-based jobseeker’s allowance payable before any deduction under this paragraph is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act,
the Secretary of State may deduct a sum from that benefit which is equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
(3) Where the sum that would otherwise fall to be deducted under paragraph (2) includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(4) Before making a deduction under paragraph (1) the Secretary of State shall make any deduction which falls to be made in respect of a liability mentioned in any of the following provisions of the Social Security (Claims and Payments) Regulations 1987–
(a)regulation 34A (mortgage interest);
(b)paragraph 3 (housing costs) of Schedule 9;
(c)paragraph 5 (rent and certain service charges for fuel) of Schedule 9;
(d)paragraph 6 (fuel costs) of Schedule 9; and
(e)paragraph 7 (water charges) of Schedule 9.
[F38(4A) Before making a deduction under paragraph (1A), the Secretary of State must make any deduction which falls to be made in respect of a liability mentioned in paragraph 5(2)(a) to (c) of Schedule 6 to the UC etc. Claims and Payments Regulations. ]
(5) Subject to regulations 5 and 6, a decision of the Secretary of State under this regulation shall be final.
(6) The Secretary of State shall notify the debtor in writing of a decision to make a deduction under this regulation as soon as is practicable and at the same time shall notify the debtor of his right of appeal. ]
Textual Amendments
F31Reg. 3 substituted reg. 2A and reg. 3 (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 3
F32Words in reg. 3 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(4)
F33Words in reg. 3 inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 16(2)
F34Words in reg. 3 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 53(3)(a)
F35Words in reg. 3(1) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(4)
F36Words in reg. 3(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 53(3)(b)
F37Reg. 3(1A)-(1D) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 16(3)
F38Reg. 3(4A) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 16(4)
4.—[F39(1) The Secretary of State–
(a)shall make deductions under [F40regulation 3(1) or (2)] only where the debtor is entitled to income support[F41, state pension credit][F42, jobseeker’s allowance or employment and support allowance throughout any benefit week; and
(b)shall not determine any application under regulation 2 which relates to a debtor in respect of whom–
(i)he is making deductions; or
(ii)deductions fall to be made,
pursuant to an earlier application under regulation 3 until no deductions pursuant to that earlier application fall to be made.]
[F43(1A) The Secretary of State may make deductions from universal credit under regulation 3(1A) only if—
(a)the debtor is entitled to universal credit throughout any assessment period; and
(b)no deductions are being made in respect of the debtor under any other application.]
(2) The Secretary of State shall make deductions from income support[F41, [F44universal credit,] state pension credit] , jobseeker’s allowance or employment and support allowance at a time which corresponds to the payment of income support[F41, [F44universal credit,] state pension credit] to the debtor M7 and he shall cease making deductions when–
(a)a payment to a third party has priority;
(b)there is insufficient entitlement to income support[F41, [F44universal credit,] state pension credit] , jobseeker’s allowance or employment and support allowance to enable him to make the deduction;
(c)entitlement to income support[F41, [F44universal credit,] state pension credit] , jobseeker’s allowance or employment and support allowance] ceases;
(d)an authority withdraws its application for deductions to be made; or
(e)the debt in respect of which he was making the deductions is discharged.
(3) Payments shall be made to the authority at such intervals as the Secretary of State may decide.
Textual Amendments
F39Reg. 4(1) substituted (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 4
F40Words in reg. 4(1)(a) substituted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 17(a)
F41Words in reg. 4 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 35(5)
F42Words in reg. 4 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 53(4)
F43Reg. 4(1A) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 17(b)
F44Words in reg. 4(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 17(c)
Marginal Citations
M7See Schedule 7 to S.I. 1987/1968.
5. Any decision of the Secretary of State under regulation 3 may be revised under section 9 of the 1998 Act or superseded under section 10 of that Act as though the decision were made under section 8(1)(c) of that Act. ]
Textual Amendments
F45Reg. 5 substituted (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 5
6. Any decision of the Secretary of State under regulation 3 (whether as originally made or as revised under regulation 5) may be appealed to a tribunal as though the decision were made on an award of a relevant benefit (within the meaning of section 8(3) of the 1998 Act ) under section 8(1)(c) of the 1998 Act . ]
Textual Amendments
F46Reg. 6 substituted (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
F477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Reg. 7 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
F488. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Reg. 8 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
F499. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F49Reg. 9 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para 6
F5010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Reg. 10 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
F5111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Reg. 11 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
12. The Community Charges (Deductions from Income Support) Regulations 1990 M8 are hereby revoked.
Marginal Citations
Signed by authority of the Secretary of State for Social Security
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
F52 Regulation 10(1)
Textual Amendments
F52Sch. 1 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
F53 Regulation 10(7)
Textual Amendments
F53Sch. 2 revoked (29.11.1999) by S.I. 1999/3178, reg. 1, Sch. 11 para. 6
...
(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.
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