The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017

Deductions from benefits

10.—(1) The Department may, in the case of a person from whom an amount is recoverable, recover the outstanding amount (subject to regulation 7(1)(b)) by making deductions from such amounts as are payable by way of relevant benefit in that person’s case.

(2) Each of the benefits listed in Schedule 1 is a “relevant benefit”.

(3) In the case of a relevant benefit which is income-related, a deduction under this regulation may, for any week for which the benefit is payable in that person’s case, be made at the rate of not more than 3 times 5% of the relevant personal allowance (see paragraph (6)).

(4) In the case of a relevant benefit which is not income-related, a deduction under this regulation may, for any week for which the benefit is payable in that person’s case, be made at the rate of not more than one-third of the amount of the benefit that is applicable to that person.

(5) Each of the following relevant benefits is “income-related”—

(a) income support,

(b) income-based jobseeker’s allowance,

(c) contribution-based jobseeker’s allowance, in a case where if there were no entitlement to it there would be an entitlement to income-based jobseeker’s allowance,

(d) income-related employment and support allowance,

(e) contribution-related employment and support allowance, in a case where if there no entitlement to it there would be an entitlement to income-related employment and support allowance,

(f) state pension credit.

(6) “Relevant personal allowance” means the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987(1); and where 5% of that allowance is not a multiple of 5 pence, it is to be rounded up to the next higher multiple of 5 pence.

(7) A reference to contribution-based or income-based jobseeker’s allowance is to be construed in accordance with the Jobseekers Order(2).

(8) A reference to contribution-related or income-related employment support allowance is to be construed in accordance with Part 1 of the Welfare Reform Act (Northern Ireland) 2007(3).

(9) A reference to state pension credit is to be construed in accordance with the State Pension Credit Act (Northern Ireland) 2002(4).

(10) A reference to income support is to be construed in accordance with section 122 of the Contributions and Benefits Act(5).

(1)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318 and S.R. 1990 No. 213

(2)

S.I. 1995/ 2705 (N.I. 15); relevant amending provisions are paragraphs 3 and 4 of Schedule 7, and Part V of Schedule 10, to S.I. 1997/3147 (N.I. 11), paragraph 102 of Schedule 6 to S.I. 1998/1506 (N.I. 10), paragraph 46 of Schedule 1 to 2002 c.19, 2004 c.33, paragraph 6(3) of Schedule 3 to 2007 c. 2 (N.I.), sections 4 and 11 of, and paragraphs 9 and 10 of Schedule 1 to, 2010 c.13 (N.I.), Articles 50(3), 55(3) and 66 of, and paragraph 29 of Schedule 2 and Part 1 of Schedule 12 to, S.I. 2015/2006

(3)

2007 c. 2 (N.I.)

(4)

2002 c. 14 (N.I.)

(5)

1992 c. 7; section 122 was amended by Schedule 6 to the Tax Credits Act 2002 (c.21)