The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008

Amendment of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989

34.—(1) The Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 M1 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “Commissioner” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(b) after the definition of “debtor” insert—

““Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;”;

(c) after the definition of “5 per cent of the personal allowance for a single claimant aged not less than 25” insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”;

(d) in the definition of “personal allowance for a couple where both members are aged not less than 18”—

(i) after sub-paragraph (a) omit “or” and

(ii) after sub-paragraph (b) add—

“or

(c) in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(3)(a) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;”;

(e) in the definition of “personal allowance for a single claimant aged not less than 25”—

(i) after sub-paragraph (a) omit “or” and

(ii) after sub-paragraph (b) add—

“or

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

(f) after the definition of “unmarried couple” add—

““Welfare Reform Act” means the Welfare Reform Act 2007.”.

(3) In regulation 2 (applications for deductions etc.)—

(a) in the heading for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”;

(b) in paragraph (1) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”; and

(c) in paragraph (2)(e) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”.

(4) In regulation 3 (deductions from debtor's income support etc.)—

(a) in the heading for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”;

(b) in paragraph (1) for “or income-based jobseeker's allowance” substitute “, income-based jobseeker's allowance or income-related employment and support allowance”;

(c) in paragraph (2)—

(i) in sub-paragraph (a) after “contribution-based jobseeker's allowance” add “or contributory employment and support allowance”; and

(ii) for sub-paragraph (b) substitute—

“(b) the amount payable, before any deductions under this paragraph, of—

(i) contribution-based jobseeker's allowance 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; or

(ii) contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,

as the case may be,”; and

(iii) after “Jobseekers Act” the second time it occurs insert “or under section 2(1)(a) of the Welfare Reform Act”.

(5) In regulation 4 (circumstances, time of making and termination of deductions)—

(a) in paragraph (1)(a) for “or jobseeker's allowance” substitute “, jobseeker's allowance or employment and support allowance”; and

(b) in paragraph (2) for “or jobseeker's allowance” each time it occurs substitute “, jobseeker's allowance or employment and support allowance”.

Marginal Citations

M1 S.I. 1989/507. Amended by S.I. 1990/113, 1996/2334, 1998/563, 1999/3178, 2002/3019 and 3197.