The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999

3.  For regulations 2A(1) (deductions from debtor’s jobseeker’s allowance) and 3 (notification of decision) there shall be substituted the following regulation–

“Deductions from debtor’s income support or jobseeker’s allowance

3.— (1) Subject to paragraph (4) and regulation 4, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to income support or income-based jobseeker’s allowance and the amount payable by way of that benefit, after any deduction under this paragraph, is 10 pence or more, the Secretary of State may deduct a sum from that benefit which is equal to 5 per cent. of the personal allowance–

(a) set out in paragraph 1(1)(e) of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 for a couple where–

(i) a liability order is made; and

(ii) that benefit is payable, in respect of both members of a couple both of whom are aged not less than 18; and

(b) in any other case, for a single claimant aged not less than 25 set out in paragraph 1(3)(c) of Schedule 2 to the Income Support (General) Regulations 1987 or, as the case may be, paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996,

and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.

(2) Subject to paragraph (3) and regulation 4, where–

(a) the Secretary of State receives an application from an authority in respect of a debtor who is entitled to contribution-based jobseeker’s allowance; and

(b) the amount of contribution-based jobseeker’s allowance payable before any deduction under this paragraph is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act,

the Secretary of State may deduct a sum from that benefit which is equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.

(3) Where the sum that would otherwise fall to be deducted under paragraph (2) includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.

(4) Before making a deduction under paragraph (1) the Secretary of State shall make any deduction which falls to be made in respect of a liability mentioned in any of the following provisions of the Social Security (Claims and Payments) Regulations 1987–

(a) regulation 34A(2) (mortgage interest);

(b) paragraph 3(3) (housing costs) of Schedule 9;

(c) paragraph 5(4) (rent and certain service charges for fuel) of Schedule 9;

(d) paragraph 6(5) (fuel costs) of Schedule 9; and

(e) paragraph 7(6) (water charges) of Schedule 9.

(5) Subject to regulations 5 and 6, a decision of the Secretary of State under this regulation shall be final.

(6) The Secretary of State shall notify the debtor in writing of a decision to make a deduction under this regulation as soon as is practicable and at the same time shall notify the debtor of his right of appeal. .”

(1)

Regulation 2A was inserted by S.I. 1996/2344.

(2)

Regulation 34A was inserted by S.I. 1992/1026.

(3)

Paragraph 3 was amended by S.I. 1992/1026 and 2595, 1995/1613 and 2927 and 1996/1460.

(4)

Paragraph 5 was amended by S.I. 1991/2284, 1992/2595 and 1996/1460.

(5)

Paragraph 6 was amended by S.I. 1991/2284, 1992/2595, 1994/2319 and 1996/1460.

(6)

Paragraph 7 was amended by S.I. 1992/2595, 1993/478, 1994/2319 and 1996/1460.