The Social Security Benefits (Claims and Payments) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend paragraph 6 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (“the 1987 Regulations”) and paragraph 8 of Schedule 6 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) (“the 2013 Regulations”). These paragraphs contain provisions under which the Secretary of State may make deductions from benefit in respect of arrears for fuel costs and ongoing consumption of fuel to pay the fuel supplier directly.

Under regulation 1, these Regulations apply in relation to an application, made on or after the date on which these Regulations come into force, for a deduction for fuel costs, or for a supersession of a deduction for fuel costs that is in place on the date these Regulations come into force, and to any decision made on such an application.

Regulations 2 and 3 make amendments to paragraph 6 of Schedule 9 to the 1987 Regulations and paragraph 8 of Schedule 6 to the 2013 Regulations so that a new deduction for ongoing consumption of fuel, or an application for an increase to a deduction for ongoing consumption, may only be made following an application by the fuel supplier and with the claimant’s consent. Fuel suppliers may still apply for a deduction for arrears of fuel costs only without the claimant’s consent.

Regulation 4 revokes the Social Security Benefits (Claims and Payments) (Modification) Regulations 2022 (S.I. 2022/428) (“the 2022 Regulations”). The amendments at regulations 2 and 3 of this instrument replace temporary modifications introduced by the 2022 Regulations to paragraph 6 of Schedule 9 to the 1987 Regulations and paragraph 8 of Schedule 6 to the 2013 Regulations that would cease to have effect on 6th April 2023 were it not for their revocation.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.