Amendment of the Social Security (Claims and Payments) Regulations 19872

1

The Social Security (Claims and Payments) Regulations 19876 are amended as follows.

2

In regulation 2(1) (interpretation), after the definition of “the 2002 Act”7 insert—

  • “the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;

3

In Schedule 9 (deductions from benefit and direct payment to third parties), after paragraph 7C(6) (eligible loans)8 insert—

6A

The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.

4

In Schedule 9B (deductions from benefit in respect of child support maintenance and payment to persons with care)9, after paragraph 2(2) (deductions) insert—

2A

Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.