The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008

Amendment of the Fines (Deductions from Income Support) Regulations 1992

54.—(1) The Fines (Deductions from Income Support) Regulations 1992(1) are amended as follows.

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

(a) in the definition of “benefit week”(2) after “1996” add “or regulation 2(1) of the Employment and Support Allowance Regulations”;

(b) after the definition of “contribution-based jobseeker’s allowance”(3) insert—

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

(c) after the definition of “court” insert—

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

(d) after the definition of “income-based jobseeker’s allowance”(4) insert—

““income-related employment and support allowance” means—

(a)

an income-related allowance under Part 1 of the Welfare Reform Act; and

(b)

in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;”;

(e) in the definition of “personal allowance for a single claimant aged not less than 25”, after sub-paragraph (b), insert—

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

(f) in the definition of “social security office”(5) for “or a jobseeker’s allowance” substitute “, a jobseekers allowance or an employment and support allowance”; and

(g) after the definition of “tribunal”(6) insert —

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

(3) In regulation 2(7) (application for deductions) for “jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”.

(4) In regulation 2A(2)(8) (information that the court or fines officer may require) for “or a jobseeker’s allowance” substitute “, a jobseeker’s allowance or an employment and support allowance”.

(5) In regulation 4(9) (deductions from offender’s income support etc.) —

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

(b) in paragraph (2)—

(i) in sub-paragraph (a) after “jobseeker’s allowance” insert “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 offender 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 offender 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”.

(6) In regulation 7(10) (circumstances, time of making and making of deductions) for “or jobseeker’s allowance” each time it occurs substitute “, jobseeker’s allowance or employment and support allowance”.

(1)

S.I. 1992/2182.

(2)

Definition was amended by S.I. 1996/2344 and 2002/3019.

(3)

Definition inserted by S.I. 1996/563.

(4)

Definition inserted by S.I. 1996/563.

(5)

Definition was amended by S.I. 2002/1397.

(6)

Definition substituted by S.I. 1999/3178.

(7)

Regulation was amended by S.I. 1996/2344, 2002/3019.

(8)

Regulation was inserted in relation to England and Wales by S.I. 2004/2889.

(9)

Regulation was substituted by S.I. 1999/3178 and amended by S.I. 2002/3019 and 2004/2889.

(10)

Regulation was amended by S.I. 1996/2344, 1999/3178 and 2002/3019.