Amendment of the Social Security (Claims and Payments) Regulations 19872.
(1)
(2)
In Schedule 9 (deductions from benefit and direct payment to third parties)—
(a)
(b)
“Tax credits overpayment debts and self-assessment debts7E.
(1)
In this paragraph—
“self-assessment debt” means any debt which—
(a)
has arisen from submission of a self-assessment to Her Majesty’s Revenue and Customs under section 9 of the Taxes Management Act 1970 (returns to include self-assessment)5; and(b)
is recoverable under Part 6 of that Act;
“tax credits overpayment debt” means any debt which is recoverable under section 29 of the Tax Credits Act 2002 (recovery of overpayments)6.(2)
Where the conditions set out in sub-paragraph (3) are met, the Secretary of State may deduct from a specified benefit to which the beneficiary is entitled a sum which is up to a maximum of 3 times 5 per cent of the personal allowance for a single claimant aged not less than 25 and pay that sum to Her Majesty’s Revenue and Customs towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs.
(3)
The conditions mentioned in sub-paragraph (2) are—
(a)
that the beneficiary has given written consent to Her Majesty’s Revenue and Customs for deductions to be made from a specified benefit towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs; and
(b)
no sum is being deducted under this paragraph.
(4)
The Secretary of State shall cease making deductions from a specified benefit under this paragraph if—
(a)
there is no longer sufficient entitlement to a specified benefit to enable deductions to be made;
(b)
entitlement to all specified benefits has ceased;
(c)
the beneficiary withdraws consent for the Secretary of State to make deductions from a specified benefit; or
(d)
the beneficiary is no longer liable to repay any tax credits overpayment debt or self-assessment debt.
(5)
The Secretary of State shall notify the beneficiary in writing of the total sums deducted under this paragraph—
(a)
on receipt of a written request for such information from the beneficiary; or
(b)
on the termination of deductions.
(6)
Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—
(a)
in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7E”; and
(b)
in sub-paragraph (2) for “and 7D” there were substituted “, 7D and 7E”.”;
(c)
(i)
in sub-paragraph (1A)(a), for “7A or 7C” substitute “7A, 7C or 7E”; and
(ii)
“(i)
any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).”.