The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

Maximum amount E+W+S

4.—(1) Except as provided for in sub-paragraph (4), the Secretary of State may not deduct an amount from a claimant's award of universal credit under a provision mentioned in paragraph 5(2) of this Schedule if, in relation to any assessment period, that would result in the Secretary of State deducting an amount in excess of [F1 40%] of the standard allowance (“the maximum amount”) from the claimant's award under one or more relevant provisions.

(2) The relevant provisions are—

(a) those mentioned in paragraph 5(2) of this Schedule;

(b) section 26 (higher-level sanctions) of the 2012 Act;

(c) section 27 (other sanctions) of the 2012 Act;

(d) section 71ZG (recovery of payments on account) of the Administration Act M1 ;

(e) section 6B of the Social Security Fraud Act 2001 (“the 2001 Act”) M2 ;

(f) section 7 of the 2001 Act M3 ; and

(g) section 9 of the 2001 Act M4 .

(3) For the purposes of determining whether the maximum amount would be exceeded, no account is to be taken of any liability for continuing need mentioned in—

(a) paragraph 8(4)(b) (fuel costs) of this Schedule; or

(b) paragraph 9(6)(b) or (7)(b)(water charges) of this Schedule.

(4) Subject to paragraph 3 of this Schedule, the Secretary of State may deduct an amount from the claimant's award under paragraph 6 (housing costs), F2 ... paragraph 8 (fuel costs)[F3 , or the minimum amount which may be deducted under paragraph 7 (rent and service charges included in rent)] of this Schedule and pay that amount to a third party where the deduction appears to the Secretary of State to be in the claimant's best interests, even though the deduction would result in the maximum amount being exceeded.

Textual Amendments

F1 Words in Sch. 6 para. 4(1) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 6(3)(e)

F2 Words in Sch. 6 para. 4(4) omitted (with effect in accordance with reg. 1(2) of the commencing S.I.) by virtue of The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 6(2)(a)(i)

F3 Words in Sch. 6 para. 4(4) inserted (with effect in accordance with reg. 1(2) of the commencing S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 6(2)(a)(ii)

Marginal Citations

M1 Section 71ZG was inserted by section 105(1) of the 2012 Act.

M2 Section 6B was inserted by section 24(1) of the Welfare Reform Act 2009 (c.24) and was amended by section 113(8)(a), section 118(1) to (6) and section 119(1) and (2) of, and paragraphs 56 and 58(1) to (4) of Schedule 2, paragraphs 15 and 16 of Schedule 3 and Part 1 of Schedule 14 to the 2012 Act.

M3 Section 7 was amended by paragraphs 44 and 45(1) and (2) of Schedule 2 to the State Pension Credit Act 2002 (c.16), section 49(1) of, and paragraph 23(1) and (2) of Schedule 3 to, the Welfare Reform Act 2007 (c.5) and paragraphs 1 and 2(1), (2)(a), (3)(a) and (b) of Schedule 4 to the Welfare Reform Act 2009. It was also amended by section 118(1) and (7), section 119(1) and (3) to (11) of, and paragraphs 56 and 59(1) to (4) of Schedule 2, paragraphs 15 and 17 of Schedule 3 and Part 1 of Schedule 14 to the 2012 Act.

M4 Section 9 was amended by paragraphs 44 and 46(1) to (3) of Schedule 2 to the State Pension Credit Act 2002, paragraph 23(1), (4) and (5) of Schedule 3 to the Welfare Reform Act 2007 and paragraphs 1 and 4(1) to (3) of Schedule 4 to the Welfare Reform Act 2009. It was also amended by section 113(8)(b), paragraphs 56 and 61(1) to (5) of Schedule 2 and Parts 1 and 12 of Schedule 14 to the 2012 Act.