The Social Security (Claims and Payments) Regulations 1987

Fuel costs

6.—(1) Subject to sub-paragraph (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of mains gas or mains electricity (“fuel item”) to an amount not less than the rate of personal allowance for a single claimant aged not less than 25 and continues to require that fuel, the adjudicating authority, if in its opinion it would be in the interests of the family to do so, may determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following paragraphs shall be paid to the person or body to whom payment is due in accordance with paragraph 2(3).

(2) The amount deductible shall, in respect of any fuel item, be such weekly aggregate of the following as is appropriate:–

(a) subject to sub-paragraph (3), in respect of the debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 10 per cent. of the personal allowance for a single claimant aged not less than 25 (that 10 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) and increased, where appropriate, in accordance with sub-paragraph (5) for such period as is necessary to discharge the original debt, so however that the amount, or, where an original debt remains outstanding in respect of more than one fuel item, the aggregate of the amounts, calculated under this sub-paragraph shall not exceed three times 5 per cent. of the personal allowance for a single claimant aged not less than 25;

(b) except where current consumption is paid for by other means (for example pre-payment meter), an amount equal to the estimated average weekly cost necessary to meet the continuing needs for that fuel item, varied, when appropriate, in accordance with sub-paragraph (4)(a).

(3) Where–

(a) an original debt remains outstanding in respect of more than one fuel item; or

(b) in any other case the aggregate amount calculated under sub-paragraph (2) exceeds the award of the specified benefit,

sub-paragraph (2)(a) shall apply as if for the figure “10 per cent.” there were substituted the figure “5 per cent.”.

(4) Where an amount is being paid direct to a person or body on behalf of the beneficiary or his partner in accordance with a determination under sub-paragraph (1) and that determination falls to be reviewed–

(a) where since the date of that determination the average weekly cost estimated for the purpose of sub-paragraph (2)(b) has either exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of the continuing needs for that fuel item the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the adjudicating authority may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks, be adjusted so as to take account of that credit or further debt;

(b) where an original debt in respect of any fuel item has been discharged the adjudicating authority may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

(5) Where the beneficiary or his partner has any disregarded income under regulation 36(2) (calculation of net earnings of employed earners), 38(2) (calculation of net profit of self employed earners) or 40(2) (calculation of income other than earnings) of the Income Support Regulations, the weekly amount, or, where an original debt remains outstanding in respect of more than one fuel debt, the aggregate of the weekly amounts deductible under sub-paragraph (2)(a) may be increased by not more than half the amount of the income disregarded.

(6) Subject to paragraph 8 where, before any application of sub-paragraph (5), the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17 or heads (a) to (f) of regulation 18(1) of the Income Support Regulations, a determination under this paragraph shall be made only with the consent of the beneficiary.

(7) Sub-paragraph (1) shall not apply to any debt where the aggregate amount calculated under sub-paragraph (2) exceeds the award of specified benefit.