The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993

Amendment of Schedule 9 to the Claims and Payments Regulations

2.—(1) Schedule 9 to the Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1 (interpretation)—

(a) before the definition of “family” there shall be inserted the following definitions—

“the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;

“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;

“the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993(1);

(b)

after the definition of “family” there shall be inserted the following definition—

“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.

(3) In paragraph 8(1) (maximum amount of payments to third parties)—

(a) for the words “and 7(5)(a)” there shall be substituted the words “, 7(5)(a) and 7A”;

(b) after the words “Schedule 9A” there shall be inserted the words “, and regulation 2 of the Council Tax Regulations and regulation 6 of the Fines Regulations”.

(4) In paragraph 9 (priority as between certain debts) for sub-paragraph (1) there shall be substituted the following sub-paragraphs—

“9.— (1)(A) Where in any one week—

(a) more than one of paragraphs 3 to 7A are applicable to the beneficiary; or

(b) one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, regulation 2 of the Community Charges (Scotland) Regulations, regulation 6 of the Fines Regulations and regulation 7 of the Council Tax Regulations also applies; and

(c) the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;

the order of priorities specified in sub-paragraph (1)(B) shall apply.

(1)(B) The order of priorities which shall apply in sub-paragraph (1)(A) is—

(za) any liability mentioned in Schedule 9A;

(a) any liability mentioned in paragraph 3 (housing costs);

(b) any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));

(c) any liability mentioned in paragraph 6 (fuel costs);

(d) any liability mentioned in paragraph 7 (water charges);

(e) any liability mentioned in regulation 2 of the Community Charges Regulations (deductions from income support), regulation 2 of the Community Charges (Scotland) Regulations (deductions from income support) or any liability mentioned in regulation 7 of the Council Tax Regulations (deductions from debtor’s income support);

(f) any liability mentioned in regulation 6 of the Fines Regulations (deductions from offenders income support);

(g) any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).”.

(1)

S.I. 1993/494.