Insertion of regulation 40A into the Maintenance Assessment Procedure RegulationsE+W+S
38. After regulation 40 of the Maintenance Assessment Procedure Regulations (suspension), there shall be inserted the following regulation—
“ Suspension of a reduced benefit direction where certain deductions are being made from income support
40A.—(1) A reduced benefit direction made after 22nd January 1996 shall be suspended where, on the date it is given, one or more of the deductions specified in paragraph (2) are being made from income support paid to or in respect of the parent concerned.
(2) The deductions relevant for the purposes of paragraph (1) are—
(i)deductions in respect of arrears of housing costs, fuel or water charges under paragraph 3, 5, 6 or 7 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 M1;
(ii)deductions in respect of overpaid benefit under regulation 15, 16 or 17 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M2;
(iii)deductions in respect of arrears of Community Charge liability under regulation 2 or 4 of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 M3;
(iv)deductions in respect of arrears of Council Tax liability under regulation 5 or 7 of the Council Tax (Deductions from Income Support) Regulations 1993 M4;
(v)deductions in respect of fines under regulation 4 of the Fines (Deductions from Income Support) Regulations 1992 M5;
(vi)deductions in respect of social fund awards under section 78(1) to (3) of the Social Security Administration Act 1992 M6.
(3) When income support payable to or in respect of the parent concerned is no longer subject to the deductions relevant for the purposes of paragraph (1), the reduced benefit direction shall cease to be suspended at the end of a period of 14 days after notification has been served under regulation 49A.”.
Marginal Citations
M1S.I. 1987/1968. Paragraph 3 of Schedule 9 was amended by S.I. 1988/522, S.I. 1992/1026 and S.I. 1992/2595 and paragraph 5 by S.I. 1988/522, S.I. 1991/2284 and S.I. 1992/2595. Paragraph 6 was amended by S.I. 1988/522, S.I. 1991/2284, S.I. 1992/2595 and S.I. 1994/2319. Paragraph 7 was amended by S.I. 1992/2595 and S.I. 1994/2319.
M2S.I. 1988/664. Regulations 15, 16 and 17 were amended by S.I. 1988/688 and S.I. 1991/2742.
M3S.I. 1990/545. Regulation 2 was amended by S.I. 1992/1026 and S.I. 1993/2113.
M5S.I. 1992/2182. Regulation 4 was substituted by S.I. 1993/495.