The Social Security (Jobseeker's Allowance Consequential Amendments) (Deductions) Regulations 1996
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SOCIAL SECURITY COMMUNITY CHARGES, ENGLAND AND WALES COM MUNITY CHARGES, SCOTLAND The Social Security (Jobseeker's Allowance Consequential Amendments) (Deductions) Regulations 1996
1.(1) These Regulations, which may be cited as the Social Security (Jobseeker's Allowance Consequential Amendments) (Deductions) Regulations 1996, shall come into force on 7th October 1996. (2) In these Regulations
2. In regulation 1(2) of the Community Charges (Scotland) Regulations
3.(1) For the heading of regulation 2 of the Community Charges (Scotland) Regulations there is substituted the following heading "Deductions from income support or jobseeker's allowance (2) Regulation 2 of the Community Charges (Scotland) Regulations[15] is amended in accordance with the following provisions of this regulation. (3) In paragraph (1) after the words "income support" there are inserted the words "or jobseeker's allowance". (4) In paragraph (2)(e) after the words "income support" there are inserted the words "or jobseeker's allowance". (5) In paragraph (4)
4. After regulation 2 of the Community Charges (Scotland) Regulations there is inserted the following regulation "Deductions from debtor's jobseeker's allowance 2A.(1) Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker's allowance, the Secretary of State may deduct
(2) Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker's allowance, the Secretary of State may deduct a sum 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 levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted. (3) For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny. (4) In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2)." .
5. In regulation 4 of the Community Charges (Scotland) Regulations[16] after the words "income support" in each place where they occur, other than in paragraph (1)(b), there are inserted the words "or jobseeker's allowance".
6. In regulation 1(2) of the Community Charges Regulations
7.(1) For the heading of regulation 2 of the Community Charges Regulations there is substituted the following heading "Deductions from income support or jobseeker's allowance (2) Regulation 2 of the Community Charges Regulations[18] is amended in accordance with the following provisions of this regulation. (3) In paragraph (1) after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance". (4) In paragraph (2)(e) after the words "income support" there are inserted the words "or jobseeker's allowance". (5) In paragraph (4)
8. After regulation 2 of the Community Charges Regulations there is inserted the following regulation "Deductions from debtor's jobseeker's allowance 2A.(1) Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker's allowance, the Secretary of State may deduct
(2) Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker's allowance, the Secretary of State may deduct a sum 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) For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny. (4) In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2)." .
9. In regulation 4 of the Community Charges Regulations after the words "income support", in each place where they occur, there are inserted the words "or jobseeker's allowance".
10. In regulation 1(2) of the Fines Regulations
11.(1) For the heading of regulation 2 of the Fines Regulations there is substituted the following heading "Application for deductions from income support or jobseeker's allowance (2) In paragraph (1) of regulation 2 of the Fines Regulations after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance".
12.(1) Regulation 4 of the Fines Regulations[23] is amended in accordance with the following provisions of this regulation. (2) In paragraph (1), after the words "income support" there are inserted the words "or jobseeker's allowance". (3) In paragraph (2), after the words "income support", in both places where they occur, there are inserted the words "or income-based jobseeker's allowance". (4) After paragraph (2) there is inserted the following paragraph
(5) In paragraph (3), after the words "income support" there are inserted the words "or jobseeker's allowance".
13.(1) For the heading of regulation 6 of the Fines Regulations there is substituted the following heading "Deductions from offender's income support or income-based jobseeker's allowance (2) In regulation 6 of the Fines Regulations after the words "income support" there are inserted the words "or income-based jobseeker's allowance".
14. After regulation 6 of the Fines Regulations there is inserted the following regulation "Deductions from offender's contribution-based jobseeker's allowance 6A.(1) Subject to paragraphs (2) and (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker's allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the offender under section 4(1)(a) of the Jobseekers Act, and pay that sum to the court towards satisfaction of the fine or the sum required to be paid by the compensation order. (2) No deduction shall be made under this regulation where a deduction is being made from the offender's contribution-based jobseeker's allowance under the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990[24], the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989[25] or the Council Tax (Deductions from Income Support) Regulations 1993[26]. (3) Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny." .
15.(1) Regulation 7 of the Fines Regulations is amended in accordance with the following provisions of this regulation. (2) In paragraph (1)
(3) In paragraphs (2), (3), (4) and (6) after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance".
16. In Schedule 3 to the Fines Regulations (form of application)
17. In regulation 1(2) of the Council Tax Regulations
18.(1) For the heading of regulation 2 of the Council Tax Regulations there is substituted the following heading "Application for deductions from income support or jobseeker's allowance: England and Wales (2) In regulation 2 of the Council Tax Regulations after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance".
19.(1) For the heading of regulation 3 of the Council Tax Regulations there is substituted the following heading "Application for deductions from income support or jobseeker's allowance: Scotland (2) In regulation 3[29] of the Council Tax Regulations after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance".
20. In regulation 4(1)(f) of the Council Tax Regulations after the words "income support" there are inserted the words "or jobseeker's allowance".
21.(1) Regulation 5 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation. (2) In paragraph (1) after the words "income support" there are inserted the words "or jobseeker's allowance". (3) In paragraph (2) after the words "income support", in both places where they occur, there are inserted the words "or income-based jobseeker's allowance". (4) After paragraph (2) there is inserted the following paragraph
(5) In paragraph (3) after the words "income support" there are inserted the words "or jobseeker's allowance".
22.(1) For the heading of regulation 7 of the Council Tax Regulations there is substituted the following heading "Deductions from debtor's income support or income-based jobseeker's allowance (2) In regulation 7 of the Council Tax Regulations after the words "income support" there are inserted the words "or income-based jobseeker's allowance".
23. After regulation 7 of the Council Tax Regulations there is inserted the following regulation "Deductions from debtor's contribution-based jobseeker's allowance 7A.(1) Subject to paragraph (2), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker's allowance, the Secretary of State may deduct a sum 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 or the summary warrant or decree was granted. (2) Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny." .
24.(1) Regulation 8 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation. (2) In paragraph (1)
(3) In paragraphs (2), (3) and (5) after the words "income support" in each place where they occur there are inserted the words "or jobseeker's allowance".
25.(1) Schedule 9 to the Social Security (Claims and Payments) Regulations 1987[30] (deductions from benefit and direct payment to third parties) is amended in accordance with the following provisions of this regulation. (2) In paragraph 1(1)[31], after the definition of "the Community Charges (Scotland) Regulations" there is inserted the following definition
(3) After paragraph 7A[33] there is inserted the following paragraph "Arrears of child support maintenance 7B.(1) Where a beneficiary is entitled to contribution-based jobseeker's allowance and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary's jobseeker's allowance. (2) Where a request is made in accordance with sub-paragraph (1), the adjudicating authority shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary's jobseeker's allowance for transmission to the person entitled to it. (3) Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act. (4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary's contribution-based jobseeker's allowance under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations. (5) Where the sum that would otherwise fall to be deducted under this paragraph includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny. (6) In this paragraph
(This note is not part of the Regulations)
ISBN 0 11 063013 0 Notes: [1] 1992 c. 14; paragraph 6 of Schedule 4 and paragraph 6 of Schedule 8 were amended by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraphs 75 and 76 respectively. Section 116(1) is an interpretation section and is cited for the definition of "prescribed". back [2] 1992 c. 5; section 191 is an interpretation provision and is cited for the definition of "prescribe". Section 5 was amended by the Jobseekers Act 1995, Schedule 2 paragraph 39. back [3] 1991 c. 53; section 24 was amended by the Jobseekers Act 1995, Schedule 2 paragraph 21. back [4] 1988 c. 41 ( "the 1988 Act"); section 146(6) is cited for the definition of "prescribed". Paragraph 6 of Schedule 4 was repealed by Schedule 14 of the Local Government Finance Act 1992, but continues to have effect for the purposes of amending the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 (S.I. 1990/545) by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993 (S.I. 1993/1780). Paragraph 6 of Schedule 4 to the 1988 Act, as continued in effect by virtue of that Order, was amended by paragraph 18 of Schedule 2 to the Jobseekers Act 1995. back [5] 1987 c. 47 ( "the 1987 Act"); paragraph 7A was inserted by paragraph 36(10) of Schedule 12 to the Local Government Finance Act 1988. The 1987 Act was repealed by Schedule 14 of the Local Government Finance Act 1992 but paragraph 7A of Schedule 2 continues to have effect for the purposes of amending the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 (S.I. 1989/507 (S.59)) by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993. Paragraph 7A of Schedule 2 to the 1987 Act, as continued in effect by virtue of that Order, was amended by paragraph 10 of Schedule 2 to the Jobseekers Act 1995. back [7] See section 173(5)(b) of the Social Security Administration Act 1992. back [15] Relevant amending instruments are S.I. 1990/113 and 1992/1026. back [16] Relevant amending instruments are S.I. 1990/113 and 1993/2113. back [18] Relevant amending instruments are S.I. 1992/1026 and 1993/2113. back [23] Relevant amending instrument is S.I. 1993/495. back [24] S.I. 1990/545; relevant amending instruments are S.I. 1992/1026 and 1993/2113. back [25] S.I. 1989/507; relevant amending instruments are S.I. 1990/113, 1992/1026 and 1993/2113. back [26] S.I. 1993/494; relevant amending instruments are S.I. 1993/2113 and 1996/712. back [29] Relevant amending instruments are S.I. 1993/2113 and 1996/712. back [31] Relevant amending instruments are S.I. 1993/495 and 1996/1460. back [32] The definition of "specified benefit" was substituted by S.I. 1996/672 and amended by S.I. 1996/1460. back |
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