Community Charges (Deductions from Income Support) (No. 2) Regulations 1990

Made: 8th March 1990

Laid before Parliament: 9th March 1990

Coming into force: 1st April 1990

The Secretary of State for Social Security in exercise of powers conferred by sections 22(3) and 146(6) of, and paragraph 6 of Schedule 4 to, the Local Government Finance Act 1988 and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971 , hereby makes the following Regulations:

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 and shall come into force on 1st April 1990.

• (2) In these Regulations, unless the context otherwise requires–

• ...

• “the 1986 Act” means the Social Security Act 1986 ;

• “the 1998 Act ” means the Social Security Act 1998;

• ...

• “appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department for Education and Employment which is normally open to the public for the receipt of claims for jobseeker’s allowance and income support;

• “assessment period” means the period prescribed by regulation 21 of the UC Regulations;

• “contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995, but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

• “income-based jobseeker’s allowance” means—an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; andin a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

• “ Jobseekers Act ” means the Jobseekers Act 1995;

• “ jobseeker’s allowance ” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;

• “Commissioner” has the meaning it bears in section 39(1) of the 1998 Act ;

• “couple” means a married or unmarried couple;

• “debtor” means a person against whom a liability order has been made;

• “5 per cent. of the personal allowance for a single claimant aged not less than 25” and “5 per cent. of the personal allowance for a couple where both members are aged not less than 18” means, in each case, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;

• “income support” means income support within the meaning of the 1986 Act;but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;

• “liability order” means an order under regulation 29 of the Community Charges (Administration and Enforcement) Regulations 1989 ;

• “married couple” has the meaning ascribed to it in section 20(11) of the 1986 Act;

• “payments to third parties” means direct payments to third parties in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 ; or Schedule 6 to the UC etc. Claims and Payments Regulations,

• “polygamous marriage” means a marriage to which section 22B of the Social Security Act 1986 refers ;

• “single debtor” means a debtor who is not a member of a couple;

• “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;

• “tribunal” means an appeal tribunal constituted under Chapter I of Part I of the 1998 Act ;

• “the UC Regulations” means the Universal Credit Regulations 2013;

• “the UC etc. Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;

• “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;

• “unmarried couple” has the meaning ascribed to it in section 20(11) of the 1986 Act.

• (3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation and Schedule bearing that number in the Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.

Deductions from income support

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• (1) Where a debtor is entitled to income support, universal credit, state pension credit, jobseeker’s allowance or employment and support allowance an authority may apply to the Secretary of State by sending an application in respect of the debtor or, where a liability order is made against a couple, in respect of both of the couple, to an appropriate social security office asking the Secretary of State to deduct sums from any amount payable to the debtor, or as the case may be either of the couple by way of income support, universal credit, state pension credit or jobseeker’s allowance.

• (2) An application from an authority shall be in writing and shall contain the following particulars–

• (a) the name and address of the debtor or where the liability order is made against a couple, the names and address of both of them;

• (b) the name and place of the court which made the liability order;

• (c) the date when the liability order was made;

• (d) the total amount of the arrears specified in the liability order;

• (e) the total amount which the authority wishes to have deducted from income support, state pension credit, jobseeker’s allowance or employment and support allowance.

• (3) Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of decision

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• (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, state pension credit , income-based jobseeker’s allowance or income-related employment and support 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.

• (1A) Subject to paragraphs (1B), (1C) and (4A) and regulation 4, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to universal credit, the Secretary of State may deduct an amount from the universal credit payable to the debtor which is equal to 5 per cent. of the appropriate universal credit standard allowance 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.

• (1B) No amount may be deducted under paragraph (1A) where it would reduce the amount of universal credit payable to the debtor to less than 1 penny.

• (1C) For the purpose of paragraph (1A), where 5 per cent. of the appropriate universal credit standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.

• (1D) In paragraphs (1A) and (1C), “appropriate universal credit standard allowance” means the appropriate universal credit standard allowance for the debtor for the assessment period in question under regulation 36 of the UC Regulations.

• (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 (mortgage interest);

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

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

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

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

• (4A) Before making a deduction under paragraph (1A), the Secretary of State must make any deduction which falls to be made in respect of a liability mentioned in paragraph 5(2)(a) to (c) of Schedule 6 to the UC etc. Claims and Payments Regulations.

• (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.

Circumstances, time of making and termination of deductions

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• (1) The Secretary of State–

• (a) shall make deductions under regulation 3(1) or (2) only where the debtor is entitled to income support, state pension credit, jobseeker’s allowance or employment and support allowance throughout any benefit week; and

• (b) shall not determine any application under regulation 2 which relates to a debtor in respect of whom–

• (i) he is making deductions; or

• (ii) deductions fall to be made,

pursuant to an earlier application under regulation 3 until no deductions pursuant to that earlier application fall to be made.

• (1A) The Secretary of State may make deductions from universal credit under regulation 3(1A) only if—

• (a) the debtor is entitled to universal credit throughout any assessment period; and

• (b) no deductions are being made in respect of the debtor under any other application.

• (2) The Secretary of State shall make deductions from income support, universal credit, state pension credit , jobseeker’s allowance or employment and support allowance at a time which corresponds to the payment of income support, universal credit, state pension credit to the debtor and he shall cease making deductions when–

• (a) a payment to a third party has priority;

• (b) there is insufficient entitlement to income support, universal credit, state pension credit , jobseeker’s allowance or employment and support allowance to enable him to make the deduction;

• (c) entitlement to income support, universal credit, state pension credit , jobseeker’s allowance or employment and support allowance ceases;

• (d) an authority withdraws its application for deductions to be made; or

• (e) the debt in respect of which he was making the deductions is discharged.

• (3) Payments shall be made to the authority at such intervals as the Secretary of State may decide.

Appeal

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Any decision of the Secretary of State under regulation 3 may be revised under section 9 of the 1998 Act or superseded under section 10 of that Act as though the decision were made under section 8(1)(c) of that Act.

Review

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Any decision of the Secretary of State under regulation 3 (whether as originally made or as revised under regulation 5) may be appealed to a tribunal as though the decision were made on an award of a relevant benefit (within the meaning of section 8(3) of the 1998 Act ) under section 8(1)(c) of the 1998 Act .

Correction of accidental errors

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Setting aside decisions on certain grounds

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Provisions common to regulations 7 and 8

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Manner of making applications or appeals and time limits

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Manner and time for the service of notices etc.

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Revocation

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The Community Charges (Deductions from Income Support) Regulations 1990 are hereby revoked.

SCHEDULE 1 — TIME LIMITS FOR MAKING APPLICATIONS OR APPEALS

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Appeal to a tribunal from an adjudication officer’s decision (regulation 5).

2

Application to the Chairman for leave of appeal to a Commissioner from the decision of a tribunal (paragraph 16, Schedule 2).

3

Application to–

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Application for leave to appeal to the Commissioner where the chairman has refused leave (paragraph 17, Schedule 2).

5

Appeal to the Commissioner (regulation 5).

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Leave to appeal to the Court of Appeal (regulation 5(5) and Schedule 2).

SCHEDULE 2

CONDUCT AND PROCEDURE IN RELATION TO APPEALS AND APPLICATIONS

Common provisions in connection with appeals and applications

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• (1) Subject to the provisions of these Regulations–

• (a) the procedure in connection with the consideration of any appeal, or any application in relation to questions to which these Regulations relate, shall be such as the adjudication officer, chairman of the tribunal or the Commissioner may determine;

• (b) any person who by virtue of these Regulations has the right to be heard at a hearing may be accompanied and represented by another person whether having professional qualifications or not, and for the purposes of any proceedings at any hearing any such representative shall have all the rights and powers to which the person whom he represents is entitled under these Regulations.

• (2) Nothing in these Regulations shall prevent a member of the Council on Tribunals in his capacity as such from being present at any oral hearing before a tribunal or a Commissioner, notwithstanding that the hearing is not in public.

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Reasonable notice (being not less than 10 days beginning on the day on which notice is given and ending on the day before the hearing of the appeal) of the time and place of any oral hearing before the tribunal or the Commissioner shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.

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At any oral hearing any party shall be entitled to be present and be heard.

Postponements and adjournments

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• (1) Where a person to whom notice of an oral hearing has been given wishes to apply for that hearing to be postponed he shall do so in writing to the chairman of the tribunal or the Commissioner stating his reasons for the application and the chairman or the Commissioner may grant or refuse the application as he sees fit.

• (2) An oral hearing may be adjourned at any time on the application of any party to the proceedings or on the motion of the tribunal or the Commissioner.

Striking out of proceedings for want of prosecution

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• (1) The chairman of a tribunal or the Commissioner may, subject to sub-paragraph (2), on the application of any party to the proceedings or of his own motion, strike out any appeal or application for want of prosecution.

• (2) Before making an order under sub-paragraph (1) the chairman of a tribunal or the Commissioner, as the case may be, shall send notice to the person against whom it is proposed that any order should be made giving him a reasonable opportunity to show cause why such an order should not be made.

• (3) The chairman of a tribunal or the Commissioner, as the case may be, may, on application by the party concerned, give leave to reinstate any application or appeal which has been struck out in accordance with sub-paragraph (1).

APPLICATION AND APPEALS TO THE TRIBUNAL

Procedure in connection with determinations

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