2 Amendment of the Social Security (Claims and Payment) Regulations 1987
1 Paragraph 6 (fuel costs) of Schedule 9 to the 1987 Regulations (deductions from benefits and direct payments to third parties) is amended as follows.
2 In sub-paragraph (1), for “(6) and (6A)” substitute “(3A), (6) and (6A)”.
3 In sub-paragraph (2)(b), for “equal to” substitute “not more than”.
4 After sub-paragraph (2), insert—

“3A The Secretary of State may only include an amount under sub-paragraph (2)(b) in the amount deductible if—
(a) an application for a determination under sub-paragraphs (1) or (4)(a) is made by the person or body to whom payment is due; and
(b) except where the application is for a reduction in the amount deductible, the beneficiary consents to the application.”

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