Fines (Deductions from Income Support) Regulations 1992

Circumstances, time of making and termination of deductions E+W+S

7.—(1) The Secretary of State may make deductions from [F1 under [F2 regulation 4(1) or (2)]] only if—

(a) the offender is entitled to income support[F3 , state pension credit][F4 , jobseeker’s allowance or employment and support allowance] throughout any benefit week; and

(b) no deductions are being made in respect of the offender under any other application.

[F5 (1A) The Secretary of State may make deductions from universal credit under regulation 4(1A) only if—

(a) the offender is entitled to universal credit throughout any assessment period; and

(b) no deductions are being made in respect of the offender under any other application.]

(2) The Secretary of State shall not make a deduction unless—

(a) the offender at the date of application by the court is aged not less than 18;

(b) the offender is entitled to income support[F3 , [F6 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance]; and

(c) the offender has defaulted in paying the fine, compensation order or any instalment of either.

(3)  The Secretary of State shall make deductions from income support[F3 , [F7 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] by reference to the times at which payment of income support[F3 , [F7 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] is made to the offenderM1 .

(4) The Secretary of State shall cease making deductions from income support[F3 , [F8 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] if—

(a) there is no longer sufficient entitlement to income support[F3 , [F8 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] to enable him to make the deduction;

(b) entitlement to income support[F3 , [F8 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] ceases;

(c) a court withdraws its application for deductions to be made; or

(d) the liability to make payment of the fine or under the compensation order as the case may be has ceased.

[F9 (5) The Secretary of State shall not determine any application under regulation 2 which relates to an offender in respect of whom–

(a) he is making deductions; or

(b) deductions fall to be made,

pursuant to an earlier application under that regulation until no deductions pursuant to that earlier application fall to be made.]

(6) Payments of sums deducted from income support[F3 , [F10 universal credit,] state pension credit][F4 , jobseeker’s allowance or employment and support allowance] by the Secretary of State under these Regulations shall be made to the court at intervals of 13 weeks.

(7) Where the whole of the amount to which the application relates has been paid, the court shall so far as is practicable give notice of that fact within 21 days to the Secretary of State.

(8) The Secretary of State shall notify the offender in writing of the total of sums deducted by him under any application—

(a) on receipt of a written request for such information from the offender; or

(b) on the termination of deductions made under any such application.

Textual Amendments

F1 Words substituted in reg. 7(1) (29.11.99) by S.I. 1999/3178, Sch. 12, para. 3(a)

F2 Words in reg. 7(1) 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), 6(a)

F3 Words in reg. 7 inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 32(5)

F4 Words in reg. 7 substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 54(6)

F5 Reg. 7(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), 6(b)

F6 Words in reg. 7(2)(b) 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), 6(c)

F7 Words in reg. 7(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), 6(c)

F8 Words in reg. 7(4) 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), 6(c)

F9 Reg. 7(5) substituted (29.11.99) by S.I. 1999/3178, Sch. 12, para. 3(b)

F10 Words in reg. 7(6) 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), 6(c)

Modifications etc. (not altering text)

C1 Reg. 7(2)(c) 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(d) (with regs. 1(4), 3)

C2 Reg. 7(2)(c) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1)reg. 31(f)(i)

C3 Reg. 7(4)(c) 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(e) (with regs. 1(4), 3)

C4 Reg. 7(4)(c) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1)reg. 31(f)(ii)

C5 Reg. 7(4)(c) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1)reg. 31(f)(ii)

C6 Reg. 7(4)(d) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1)reg. 31(f)(iii)

C7 Reg. 7(6)(7) 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(e) (with regs. 1(4), 3)

C8 Reg. 7(7) applied (with modifications) (27.3.2006) by Fines Collection Regulations 2006 (S.I. 2006/501), reg. 1(1)reg. 31(f)(iv)

Marginal Citations

M1 See Schedule 7 to S.I. 1987/1968 .