Fines (Deductions from Income Support) Regulations 1992

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Fines (Deductions from Income Support) Regulations 1992 and shall come into force on 1st October 1992.

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

• “the 1971 Act” means the Vehicles (Excise) Act 1971 M1 ;

• “the 1973 Act” means the Powers of Criminal Courts Act 1973 M2 ;

• [F1 “the 1998 Act” means the Social Security Act 1998;]

• [F2 “the 2012 Act” means the Welfare Reform Act 2012;]

• F3 ...

• “application” means an application made under regulation 2 F4 ... containing the information specified in regulation 3(1);

• [F5 “assessment period” means the period prescribed by regulation 21 of the UC Regulations;]

• F6 ...

• “benefit week” has the meaning prescribed in regulation 2(1) of the Income Support Regulations [F7 or, as the case may be, [F8 regulation 1(2) of the State Pension Credit Regulations 2002 or] regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 [F9 or regulation 2(1) of the Employment and Support Allowance Regulations];]

• “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987M3 ;

• [F10 “Commissioner” has the meaning it bears in section 39(1) of the 1998 Act;]

• [F11 “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, [F12 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance or under Part 1 of the Jobseekers Act 1995 as it has effect apart from those amendments] but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;]

• [F13 “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act [F14 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance or under Part 1 of the Welfare Reform Act as it has effect apart from those amendments]]

• “court” means in England and Wales a magistrates’ court and in Scotland a court;

• [F15 “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

• “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;

• “Income Support Regulations” means the Income Support (General) Regulations 1987 M4 ;

• [F11 “income-based jobseeker’s allowance” means—

  (a)

  an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and

  (b)

  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;]

• [F16 “income-related employment and support allowance” means—

  (a)

  an income-related allowance under Part 1 of the Welfare Reform Act; and

  (b)

  in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;]

• “payments to third parties” means direct payments to third parties in accordance with Schedules 9 and 9A to the Claims and Payments Regulations, [F17 Schedule 6 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013,] regulation 2(4) of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990M5 and regulation 2(4) of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989M6 [F18 and regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993];

• [F19 “personal allowance for a single claimant aged not less than 25” means—

  (a)

  in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support Regulations; or

  (b)

  in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;]

  (c)

  [F20 in the case of a person who is entitled to an income-related employment and support allowance, the amount specified for the time being in paragraph 1(1)(b) of column 2 of schedule 4 to the Employment and Support Allowance Regulations;]

• “social security office” means an office of the [F21 Department for Work and Pensions which is open to the public for the receipt of claims for income support[F22 , a jobseekers allowance or an employment and support allowance].]

• [F23 “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;]

• [F24 “tribunal” means an appeal tribunal constituted under Chapter I of Part I of the 1998 Act.]

• [F25 “the UC Regulations” means the Universal Credit Regulations 2013;

• “universal credit” means universal credit under Part 1 of the 2012 Act;]

• [F26 “the Welfare Reform Act” means the Welfare Reform Act 2007;]

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

F1 Words substituted in reg. 1(2) (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 12, para. 1(a) (with reg. 3(1)(b), Sch. 21-23)

F2 Words 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), 3(2)

F3 Words omitted in reg. 1(2) (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 12, para. 1(b) (with reg. 3(1)(b), Sch. 21-23)

F4 Words in reg. 1(2) omitted (20.6.2003) by virtue of Fines (Deductions from Income Support) (Amendment) Regulations 2003 (S.I. 2003/1360), regs. 1(1), 2(a)

F5 Words 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), 3(3)

F6 Words omitted in reg. 1(2) (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 12, para. 1(b) (with reg. 3(1)(b), Sch. 21-23)

F7 Word in reg. 1(2) inserted (7.10.1996) by The Social Security (Jobseeker’s Allowance Consequential Amendments) (Deductions) Regulations 1996 (S.I. 1996/2344), reg. 1(1), reg. 10(a)

F8 Words 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), 32(2)(a)

F9 Words in reg. 1(2) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(a)

F10 Words substituted in reg. 1(2) (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 12, para. 1(c) (with reg. 3(1)(b), Sch. 21-23)

F11 Words in reg. 1(2) inserted (1.1.1998) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 3(1)

F12 Words 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), 3(4)

F13 Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(b)

F14 Words 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), 3(5)

F15 Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(c)

F16 Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(d)

F17 Words 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), 3(6)

F18 Words in reg. 1(2) inserted (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 3(2)

F19 Words in reg. 1(2) substituted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 32(2)(b)

F20 Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(e)

F21 Words in reg. 1(2) substituted (27.6.2002) by Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397), art. 1(2), Sch. para. 22

F22 Words in reg. 1(2) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(f)

F23 Words 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), 32(2)(c)

F24 Words substituted in reg. 1(2), (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 12, para. 1(d) (with reg. 3(1)(b), Sch. 21-23)

F25 Words 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), 3(7)

F26 Words in reg. 1(2) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(2)(g)

Modifications etc. (not altering text)

C1 Reg. 1 applied (with modifications) (23.2.2004 for specified purposes, 29.3.2004 for specified purposes, 5.4.2004 in so far as not already in force) by Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(2), 5(a) (with regs. 1(4), 3)

C2 Reg. 1(2) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1), reg. 31(a)(iii)

C3 Reg. 1(2) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1), reg. 31(a)(i)

C4 Reg. 1(2) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1), reg. 31(a)(ii)

Marginal Citations

M1 1971 c.10.

M2 1973 c.62.

M3 S.I. 1987/1968.

M4 S.I. 1987/1967; relevant amending instruments are S.I. 1988/1445 and S.I. 1991/2910.

M5 S.I. 1990/545.

M6 S.I. 1989/507; relevant amending instrument is S.I. 1990/113.