The Social Security (Claims and Payments) Regulations 1987

Regulation 9(1)

SCHEDULE 1E+W+S

PART IE+W+Sbenefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

Regulation 9(2) and (3)

PART IIE+W+Sinterchange of claims for child benefit with claims for other benefits

• F28...

• Guardian's allowance

• Maternity allowance claimed after confinement

• Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

Regulation 17(5)

SCHEDULE 2E+W+SSPECIAL PROVISIONS RELATING TO CLAIMS FOR [F29JOBSEEKER'S ALLOWANCE] DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

1.—(1) In this Schedule:–E+W+S

(a)“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 M1 or in Scotland local holidays; and “Christmas and New Year holidays” and “Good Friday and Easter Monday” shall be construed accordingly and shall in each case be treated as one period;

(b)“office closure” means a period during which an [F30office of the Department for Education and Employment] or associated office is closed in connection with a public holiday;

(c)in computing any period of time Sundays shall not be disregarded.

(2) Where any claim for [F31a jobseeker’s allowance] is made during one of the periods set out in paragraph (3), the following provisions shall apply–

(a)a claim for [F32a jobseeker’s allowance] may be treated by [F33the Secretary of State] as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);

(b)on any claim so treated, benefit may be awarded as if the provisions of paragraph (4) of regulation 17 applied.

(3) For the purposes of paragraph (2) the periods are–

(a)in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

(b)in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;

(c)in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

Regulation 18(1)

F34SCHEDULE 3E+W+SDURATION OF DISALLOWANCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 19(1)

SCHEDULE 4E+W+SPRESCRIBED TIMES FOR CLAIMING BENEFIT

Regulation 19

F60SCHEDULE 5E+W+SMISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 22(3)

SCHEDULE 6E+W+SDAYS FOR PAYMENT OF LONG TERM BENEFITS

[F61Attendance allowance and disability living allowanceE+W+S

1.  Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.]

Guardian's allowanceE+W+S

F622.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial injuries benefitE+W+S

3.  Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.

[F63Carer’s allowance]E+W+S

4.  [F63Carer’s allowance] shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 M3 the [F63carer’s allowance] shall be payable on Wednesdays.

Retirement pensionE+W+S

5.  [F64Subject to regulation 22C, retirement pension] shall be payable on Mondays, except that–

(a)where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;

[F65(b)where—

(i)a woman was entitled to a widow’s benefit, or

(ii)a man or a woman was entitled to a bereavement benefit,

immediately before becoming entitled to a retirement pension, that pension shall be payable on [F66the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6];]

(c)where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

(d)the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may [F67where payment is by direct credit transfer, or in the circumstances of any particular case, determine];

(e)where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

[F68Shared additional pensionE+W+S

5A.  Shared additional pension shall be payable on Mondays, except that—

(a)where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or

(b)the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.]

Widowed mother's allowance and widow's pensionE+W+S

F696.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mobility allowanceE+W+S

F707.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 26

SCHEDULE 7E+W+S[F71TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES]

Manner of paymentE+W+S

[F711.  Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.]

Time of paymentE+W+S

2.  Income support shall be paid in advance where the claimant is–

(a)in receipt of retirement pension; or

(b)over pensionable age and not in receipt of F72... [F73incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies] unless he was in receipt of income support immediately before the trade dispute began; or

(c)[F74subject to paragraph 2ZA] in receipt of widow's benefit [F75or bereavement benefit] and is not F76... providing or required to provide medical evidence of incapacity for work; or

(d)a person to whom [F77section 23(A)] of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

[F782ZA.  Paragraph 2(c) shall only apply where a widow’s benefit or a bereavement benefit is paid in advance.]

[F792A.—(1) For the purposes of this paragraph–

(a)“public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and

(b)“office closure” means a period during which an office of the Department of Social Security or associated office [F80or any office to which a claim may be made in accordance with regulation 4A(1)] is closed in connection with a public holiday.

(2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.

(3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.]

[F813.—(1) Subject to [F82sub–paragraph (1A) and to] any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.E+W+S

[F83(1A) Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.]

(2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.]

[F843A.—(1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.E+W+S

(2) In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.]

4.  [F85In this Schedule] –

“benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

[F86“Income Support Regulations” means the Income Support (General) Regulations 1987]

“relevant social security benefit” means F87... [F88incapacity benefit], severe disablement allowance, retirement pension[F89, bereavement benefit] or widow's benefit.

Payment of small amounts of income supportE+W+S

5.  Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income supportE+W+S

6.—(1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

(2) [F90Subject to sub-paragraphs (2A) and (3)] , in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

[F91(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.]

[F92(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation] [F93except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.]

F94(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95(5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.]

F96(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

[F97Date from which superseding decision on ground of change of circumstances takes effect]E+W+S

F987.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 23(1)(a)

SCHEDULE 8E+W+SELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1.  A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either–E+W+S

(a)he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

(b)he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2.  Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:E+W+S

[F99(a)he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M4, or]

(b)he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support[F100, [F101an income-based jobseeker’s allowance,] [F102or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999]].

3.  An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.E+W+S

4.  An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being–E+W+S

(a)a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979 M5, or

(b)the spouse of such a member, or

(c)a person living with such a member as husband and wife.

5.  Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.E+W+S

6.  Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable–E+W+S

(a)in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

(b)in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7.  A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.E+W+S

Regulation 35

SCHEDULE 9E+W+SDEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

InterpretationE+W+S

1.—[F103(1)] In this Schedule–

• [F104“the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;

• “the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;

• [F105“contribution-based jobseeker’s allowance” [F106(except where used in sub-paragraph (2)(b))] means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit”;]

• [F107“contributory employment and support allowance” [F108(except where used in sub-paragraph (3)(b))] means any contributory employment and support allowance which does not fall within the definition of “specified benefit”]

• “the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993;]

• “family” in the case of a claimant who is not a member of a family means that claimant [F109and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner;]

• [F110“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.]

• [F111“5 per cent. of the personal allowance for a single claimant aged not less than 25” means 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;]

• [F112[F113“hostel” means a building—

  (a)

  in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—

  (b)

  which is—

  (i)

  managed by or owned by a housing association registered with [F114the Regulator of Social Housing or the Welsh Ministers];

  (ii)

  [F115managed or owned by a registered social landlord which is registered in accordance with [F116Part 2 of the Housing (Scotland) Act 2010];]

  (iii)

  operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or

  (iv)

  managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and

  (c)

  which is not—

  (i)

  a care home;

  (ii)

  an independent hospital; or

  (iii)

  an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and

  (d)

  in sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;]]

• [F117“housing authority” means a local authority, a new town corporation, F118... or the Development Board for Rural Wales;]

• [F119“the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;]

• [F119“the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

• [F120“housing costs” means any housing costs met under—

  (a)

  Schedule 3 to the Income Support Regulations but—

  (i)

  excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); and

  (ii)

  includes costs under paragraphs 17(1)(a) (ground rent F121...) and 17(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); or

  (b)

  Schedule 2 to the Jobseeker’s Allowance Regulations but—

  (i)

  excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); and

  (ii)

  includes costs under paragraphs 16(1)(a) (ground rent F121... ) and 16(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges);]

  (c)

  [F122Schedule II to the State Pension Credit Regulations but—

  (i)

  excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); and

  (ii)

  includes costs under paragraphs 13(1)(a) (ground rent F121... ) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges);] [F123or]

  (d)

  [F123Schedule 6 to the Employment and Support Allowance Regulations but—

  (i)

  excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); and

  (ii)

  includes costs under paragraph 18(1)(a) (ground rent) and 18(1)(c) (rent charges) of that Schedule but only where they are paid with costs under paragraph 18(1)(b) of that Schedule (service charges);]

• F124...

• “the Income Support Regulations” means the Income Support (General) Regulations 1987 M6;

• [F125“integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations]

• “miscellaneous accommodation costs” has the meaning assigned by paragraph 4(1);

• [F126“mortgage payment” means the aggregate of any payments which fall to be met under—

  (a)

  Schedule 3 to the Income Support Regulations in accordance with paragraphs 6 to 10 of that Schedule (housing costs to be met in income support) on a loan which qualifies under paragraph 15 or 16 of that Schedule, but less any amount deducted under paragraph 18 of that Schedule (non-dependant deductions); or

  (b)

  Schedule 2 to the Jobseeker’s Allowance Regulations in accordance with paragraphs 6 to 9 of that Schedule (housing costs to be met in jobseeker’s allowance) on a loan which qualifies under paragraph 14 or 15 of that Schedule, but less any amount deducted under paragraph 17 of that Schedule (non-dependant deductions), F127...

  (c)

  [F128Schedule II to the State Pension Credit Regulations in accordance with paragraph 7 of that Schedule (housing costs to be met in state pension credit) on a loan which qualifies under paragraph 11 or 12 of that Schedule, but less any amount deducted under paragraph 14 of that Schedule (non-dependant deductions),] [F129or]

  (d)

  [F129Schedule 6 to the Employment and Support Allowance Regulations in accordance with paragraphs 8 to 11 of that Schedule (housing costs to be met in employment and support allowance) on a loan which qualifies under paragraph 16 or 17 of that Schedule, but less any amount deducted under paragraph 19 of that Schedule (non- dependant deductions),]

  as the case may be.]

• “personal allowance for a single claimant aged not less than 25 years” means the amount specified [F130in connection with income support and state pension credit] in [F131paragraph 1(1)(e)] of column 2 of Schedule 2 to the Income Support Regulations [F132or, [F133in connection with jobseeker’s allowance], paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations] [F134or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations];

• F135...

• “rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–

  (a)

  includes any water charges which are paid with or as part of the rent;

  (b)

  where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements; and

  (c)

  references to “rent” include references to part only of the rent; and

• “[F136specified benefit” means—

  (a)

  [F137income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance—

  (i)

  in a combined payment;

  (ii)

  in part to the beneficiary and in part to another person in accordance with regulation 34; or

  (iii)

  by means of two or more instruments of payment,

  income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;]

  (b)

  F138F139...] [F140and

  (c)

  subject to sub-paragraph (2), jobseeker’s allowance;]

  (d)

  [F141[F142state pension credit or, where in respect of any period it is paid together with any retirement pension[F139, state pension under Part 1 of the Pensions Act 2014], incapacity benefit or severe disablement allowance—

  (i)

  in a combined payment;

  (ii)

  in part to the beneficiary and in part to another person in accordance with regulation 34; or

  (iii)

  by means of two or more instruments of payment,

  state pension credit and retirement pension[F139, state pension under Part 1 of the Pensions Act 2014], incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule;]]

  (e)

  [F143subject to sub-paragraph (3), employment and support allowance;]

  F144...

• [F145“water charges” means—

  (a)

  as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991;

  (b)

  as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002;]

• [F146“water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989 to be the water or sewerage undertaker for any area in England and Wales [F147or in respect of any area in Scotland, Scottish Water].]

[F148(2) For the purposes of the definition of “specified benefit” in sub-paragraph (1), “jobseeker’s allowance” means—

(a)income-based jobseeker’s allowance; and

[F149(b)contribution-based jobseeker’s allowance where—

(i)both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

(ii)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.]]

[F150(3) For the purposes of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

(a)income-related employment and support allowance; and

[F151(b)contributory employment and support allowance where—

(i)both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

(ii)if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.]]

GeneralE+W+S

2.—(1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of–

(a)housing costs;

(b)miscellaneous accommodation costs;

[F152(bb)hostel payments;]

(c)service charges for fuel, and rent not falling within head (a) above;

(d)fuel costs; F153...

(e)water charges [F154; and]

[F155(f)payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991 and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.]

(2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary's award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.

(3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.

Housing costsE+W+S

3.—(1) Subject to [F156sub-paragraphs (4) to (6)] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount [F157or appropriate minimum guarantee], the [F158Secretary of State] may, if in [F159his] opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2) [F160Subject to sub-paragraphs (2A) and (3)], the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a)in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F161... for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b)for each such debt–

(i)in respect of mortgage payments, the weekly amount of the mortgage payment in that case; and

(ii)for any other housing item, the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the [F162Secretary of State] may direct that, when the debt is discharged, the amount determined under sub-paragraph (b) shall be the amount deductible.

[F163(2A) Where a payment falls to be made to a third party in accordance with this Schedule, and—

(a)more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount [F164or appropriate minimum guarantee]; and

(b)in accordance with [F165paragraph 4(8) or (11) or] [F166paragraph 18] of Schedule 3 to the Income Support Regulations [F167or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations] [F168or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations] [F169or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations] an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula—

(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

(4) Sub-paragraph (1) shall not apply to any debt which is either–

(a)in respect of mortgage payments and the beneficiary or his partner has in the preceding 12 weeks paid sums equal to [F171or greater than] 8 week's mortgage payments due in that period;

or

(b)for any other item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item,

unless, in either case, in the opinion of the [F158Secretary of State] it is in the overriding interests of the family that paragraph (1) should apply.

[F172(5) No amount shall be paid pursuant to this paragraph in respect of mortgage interest in any case where a specified part of relevant benefits—

(a)is required to be paid directly to a qualifying lender under regulation 34A [F173or 34B] and Schedule 9A; or

(b)would have been required to be paid to a body which, or a person who, would otherwise have been a qualifying lender but for an election given under paragraph 9 of Schedule 9A not to be regarded as such.

(6) In sub-paragraph (5), “specified part” and “relevant benefits” have the meanings given to them in paragraph 1 of Schedule 9A.]

Miscellaneous accommodation costsE+W+S

4.—(1) [F174Where an award of income support[F175, jobseeker’s allowance[F176, state pension credit or employment and support allowance]]—

(a)[F177in the case of income support] is made to a person [F178residing in a care home, an Abbeyfield Home or an independent hospital] as defined in regulation [F1792(1)] of the Income Support Regulations [F180or, [F181in the case of jobseeker’s allowance] regulation 1(3) of the Jobseeker’s Allowance Regulations] [F182or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations], or

(b)[F183in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps); or]

[F183(c)in the case of state pension credit, is made to a person residing in—

(i)a care home as defined in regulation 1(2) of the State Pension Credit Regulations;

(ii)an independent hospital as defined in regulation 1(2) of those Regulations;

(iii)an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

(iv)accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,]

([F184or to a person who is only temporarily absent from such accommodation])] the [F185Secretary of State] may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable [F186hereafter in this paragraph referred to as “miscellaneous accommodation costs], but, [F187except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947] or where the accommodation is [F188run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided] or which provides facilities for alcoholics or drug addicts, only if the [F185Secretary of State] is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.

[F189(2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance[F190, state pension credit or employment and support allowance] to a third party determined under sub-paragraph (1) shall be—

(a)in a case where the beneficiary is not in accommodation as specified in [F191sub-paragraph (1)(c)(ii)] ,

F192(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F192(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an amount equal to the award of income support, jobseeker’s allowance[F193, guarantee credit or employment and support allowance] payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations[F194, regulation 90 of the Employment and Support Allowance Regulations] or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and

(b)in any other case, the amount of the award of income support, jobseeker’s allowance[F195, guarantee credit or employment and support allowance], excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.]

[F189(2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a)[F196, (b) or (c)] shall be—

(a)for a single person the sum of [F197£24.00] ;

(b)for a couple where both members of the couple are in such accommodation, [F197£24.00] for each member;

(c)for a member of a polygamous marriage where more than one member is in such accommodation, [F197£24.00] for each member in such accommodation.]

[F189[F198(3) This sub-paragraph shall apply where an award is made of—

(a)income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or

(b)jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); F199...

(c)state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise;] [F200or]

[F200(d)employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).]

[F189(3A) Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of—

(a)the income of the beneficiary, if any; and

(b)the amount allowed for personal expenses by sub-paragraph (2A) above,

the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.]

(4) Where the amount calculated under sub-paragraphs [F201(2) or (3A)] is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.]

[F202Hostel paymentsE+W+S

4A.—(1) This paragraph applies to a beneficiary if—

(a)[F203the beneficiary] has been awarded specified benefit; and

[F204(b)either the beneficiary or the beneficiary’s partner—

(i)is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

(ii)is resident in approved premises under section 13 of the Offender Management Act 2007; and]

F205(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the charge for [F206the hostel or approved premises, as the case may be,] includes a payment, whether direct or indirect, for one or more of the following services—

(i)water;

(ii)a service charge for fuel;

(iii)meals;

(iv)laundry;

(v)cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary F207... has been awarded specified benefit the [F208Secretary of State] may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a)the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)if no amount has been determined under paragraph (a) of this subparagraph, an amount which the [F209Secretary of State] estimates to be the amount which is likely to be so determined.

[F210(4) The provisions referred to in sub-paragraph (3)(a) above are [F211regulation 12B(5)] of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.]

F212(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F213Where—

(a)an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); F214...

(b)an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), [F215or]]

[F215(c)an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),]

the amount of any payment of income support or, as the case may be, jobseeker’s allowance [F216or employment and support allowance] payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.]

Service charges for fuel, and rent not falling within paragraph 2(1)(a)E+W+S

5.—(1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

(a)he has been awarded the specified benefit; and

(b)he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance [F217or is resident in approved premises under section 13 of the Offender Management Act 2007]; and

(c)[F218unless sub-paragraph (1A) applies,] he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

(i)there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

(ii)there are arrears of rent in respect of less than 8 weeks and in the opinion of the [F219Secretary of State] it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

[F220(1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.]

[F221(1B) For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.]

[F222(2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations (non-dependant deductions) when assessing a person’s housing benefit.]

(3) [F223The] [F224Secretary of State] shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if–

(a)he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under [F225[F226regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of either or both of water charges or service charges for fuel; and

(b)the amount of the beneficiary's award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

F227(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F228(5) A determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3) and (6) exceeds [F229a sum calculated in accordance with paragraph 8(4);]]

F230[F231(5A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In a case to which sub-paragraph (1) [F232or (1A)] applies the [F233Secretary of State] may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F234... shall be paid to his landlord[F235, or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary's partner in approved premises under section 13 of the Offender Management Act 2007,] until the debt is discharged.

[F236(7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) [F237or (1A)] applies and in respect of which a determination has been made under sub-paragraph (6) the [F238Secretary of State] may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of [F239[F240regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of charges for water or service charges for fuel or both, shall be deductible.]

Fuel costsE+W+S

6.—(1) [F241Subject to sub-paragraphs (6) and (6A)] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any [F242fuel 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 [F243the fuel in respect of which the debt arose (“the relevant fuel”)], the [F244Secretary of State], 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:–

[F245(a)in respect of each debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 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 [F246the relevant fuel], varied, when appropriate, in accordance with sub-paragraph (4)(a)[F247, plus such weekly amount as is required to meet any payments required to be made under a green deal plan within the meaning of section 1 of the Energy Act 2011 (“the 2011 Act)].

F248(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F249a decision which embodies that determination falls to be superseded]–

(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 [F250the relevant fuel] the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the [F244Secretary of State] may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks [F251or such longer period as may be reasonable in the circumstances of the case], 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 [F244Secretary of State] may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

F252(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F253(6) Subject to paragraph 8, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraph (2) exceeds [F254a sum calculated in accordance with paragraph 8(4);]]

F255[F256(6A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F258(8) In this paragraph, “fuel item” means—

(a)any charge for mains gas, including for the reconnection of mains gas; and

(b)any charge for mains electricity, including any charge for the disconnection or reconnection of mains electricity and including any payments required to be made under a green deal plan within the meaning of section 1 of the 2011 Act.]

Water chargesE+W+S

[F2597.—(1) This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, [F260including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt].

(2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the [F261Secretary of State] may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, [F262but only if [F263the Secretary of State] is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.]

(3) Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and

(b)the amount which the [F264Secretary of State] estimates to be the average weekly cost necessary to meet the continuing need for water consumption.

(4) Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the [F265Secretary of State] may determine that the sum so estimated shall be adjusted for a period of 26 weeks [F266or such longer period as may be reasonable in the circumstances of the case] to take account of that credit or further debt.

(5) Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

(a)the amount referred to in sub-paragraph (3)(a); and

(b)an amount equal to the weekly cost necessary to meet the continuing need for water consumption.

(6) When the original debt in respect of water charges is discharged, the [F267Secretary of State] may direct that the amount deductible shall be—

(a)where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and

(b)in any other case, the amount determined under sub-paragraph (5)(b).

(7) Where the beneficiary or his partner is in debt to two water undertakers—

(a)only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and

(b)a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and

(c)deductions in respect of continuing charges for both water and for sewerage may be made at the same time.

(8) [F268Subject to paragraph 8 (maximum amount of payments to third parties), a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds [F269a sum calculated in accordance with sub-paragraph 8(4);]]]

F270[F271(9)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F272Payments in place of payments of child support maintenanceE+W+S

7A.—[F273(1) Subject to sub-paragraph (2), where [F274the Secretary of State] has determined that section 43 of that Act and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (contribution to maintenance by deduction from benefit) apply in relation to a beneficiary or his partner, the [F275Secretary of State] shall [subject to paragraph 8], if it is satisfied that there is sufficient specified benefit in payment, determine that a weekly amount of that benefit shall be deducted by the Secretary of State for transmission to the person or persons entitled to it.]

(2) Not more than one deduction shall be made under [F276sub-paragraph (1)] in any one benefit week as defined in paragraph 4 of Schedule 7.

(3) [F277Subject to sub-paragraph (4),] the amount of specified benefit to be paid under this paragraph shall be the amount prescribed by regulation 28(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 for the purposes of section 43 (2)(a) of the Child Support Act 1991 F278....]

[F279(4) Where, apart from the provisions of this sub-paragraph, the provisions of paragraphs 8(1) and 9 would result in the maximum aggregate amount payable equalling 2 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, the amount of specified benefit to be paid under this paragraph shall be one half of the amount specified in sub-paragraph (3).]

[F280Arrears of child support maintenanceE+W+S

7B.—(1) Where a beneficiary is entitled to contribution-based jobseeker’s allowance [F281or contributory employment and support 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 [F282Secretary of State] shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary’s jobseeker’s allowance [F281or contributory employment and support 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.

[F283(3A) Subject to sub-paragraphs (4) and (5), the amount to be deducted from the beneficiary's employment and support allowance under sub-paragraph (2) is the weekly amount requested from the beneficiary's employment and support allowance by the Secretary of State, subject to a maximum of one-third of the amount applicable to the beneficiary under regulation 67(2) of the Employment and Support Allowance Regulations (prescribed amounts).]

(4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary’s contribution-based jobseeker’s allowance [F281or contributory employment and support 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—

“arrears notice” means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992; and

“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991.]

[F284Eligible loansE+W+S

7C.—(1) In this paragraph—

“borrower” means a person who has, either solely or jointly, entered into a loan agreement with an eligible lender in respect of an eligible loan and who is, for the time being, entitled to an eligible benefit;

“eligible lender” means—

which, except for a credit union, is licensed under the Consumer Credit Act 1974 and which may be determined by the Secretary of State as an appropriate body to which payments on behalf of the borrower may be made in respect of loans made by that body;

“eligible loan” means a loan made by a lender, who is at that time an eligible lender, to a borrower except a loan—

“loan agreement” means an agreement between the eligible lender and the borrower in respect of an eligible loan.

(2) In this paragraph “eligible benefit” means—

(a)carer’s allowance;

(b)the following contributory benefits—

(i)incapacity benefit;

(ii)retirement pension; F286...

[F287(iii)state pension under Part 1 of the Pensions Act 2014; or]

(c)the following benefits—

(i)income support;

(ii)jobseeker’s allowance;

(iii)state pension credit.

[F288(iv)employment and support allowance.]

(3) Where the conditions set out in sub-paragraph (4) are met the Secretary of State may deduct a sum from an eligible benefit to which the borrower is entitled equal to 5 per cent. of the personal allowance for a [F289single claimant] aged not less than 25 and pay that sum to the eligible lender towards discharge of the sum owing under the loan agreement at the date of the application.

(4) The conditions referred to in sub-paragraph (3) are—

(a)the borrower has failed to make payments as agreed with the eligible lender for a period of 13 weeks before the date of the application and has not resumed making payments;

(b)the borrower has given his written permission to the eligible lender to provide to the Secretary of State personal data within the meaning of section 1 of the Data Protection Act 1998 (basic interpretive provisions);

(c)the eligible lender has agreed that no interest or other charge will be added to the amount owed at the date of the application;

(d)no sum is being deducted under this paragraph;

(e)no sum is being deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act (overpayments-general) at the date of the application; and

(f)no sum is being deducted from the borrower’s eligible benefit under section 78 of the 1992 Act (recovery of social fund awards) at the date of the application.

(5) The Secretary of State shall notify the borrower and the eligible lender in writing of a decision to make a deduction under this paragraph.

(6) The Secretary of State may make deductions under this paragraph only if the borrower is entitled to an eligible benefit throughout any benefit week.

[F290(6A) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.]

(7) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(a) where the borrower is in receipt of another eligible benefit unless that benefit is one mentioned in sub-paragraph (2)(b) and is insufficient to enable the deduction to be made or is a benefit mentioned in sub-paragraph (2)(c) and the amount is insufficient to meet the deduction plus 10 pence.

(8) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(b) where the borrower is in receipt of a benefit mentioned in sub-paragraph (2)(c) unless the amount of that benefit is insufficient to meet the deduction plus 10 pence.

(9) The Secretary of State shall cease making deductions from an eligible benefit [F291under this paragraph] if—

(a)there is no longer sufficient entitlement to an eligible benefit to enable him to make the deduction;

(b)entitlement to all eligible benefits has ceased;

(c)a sum is deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act;

(d)an eligible lender notifies the Secretary of State that he no longer wishes to accept payments by deductions;

(e)the borrower’s liability to make payment in respect of the eligible loan has ceased;

(f)the lender has ceased to be an eligible lender; or

(g)the borrower no longer resides in Great Britain.

(10) The sums deducted from an eligible benefit by the Secretary of State under this paragraph shall be paid to the eligible lender.

(11) The Secretary of State shall notify the borrower in writing of the total of sums deducted by him under any application—

(a)on receipt of a written request for such information from the borrower; or

(b)on the termination of deductions.

(12) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

(a)in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7C”; and

(b)in sub-paragraph (2) for “and 7” there were substituted “, 7 and 7C”.]

[F292Integration loansE+W+S

7D.  Subject to paragraphs 2(2), 8 and 9, where a person has an integration loan which is recoverable by deductions, any weekly amount payable shall be equal to 5 per cent. of the personal allowance of a single claimant aged not less than 25 years, including where the loan is a joint loan.]

[F293Tax credits overpayment debts and self-assessment debtsE+W+S

7E.—(1) In this paragraph—

“self-assessment debt” means any debt which—

“tax credits overpayment debt” means any debt which is recoverable under section 29 of the Tax Credits Act 2002 (recovery of overpayments).

(2) Where the conditions set out in sub-paragraph (3) are met, the Secretary of State may deduct from a specified benefit to which the beneficiary is entitled a sum which is up to a maximum of 3 times 5 per cent of the personal allowance for a single claimant aged not less than 25 and pay that sum to Her Majesty’s Revenue and Customs towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs.

(3) The conditions mentioned in sub-paragraph (2) are—

(a)that the beneficiary has given written consent to Her Majesty’s Revenue and Customs for deductions to be made from a specified benefit towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs; and

(b)no sum is being deducted under this paragraph.

(4) The Secretary of State shall cease making deductions from a specified benefit under this paragraph if—

(a)there is no longer sufficient entitlement to a specified benefit to enable deductions to be made;

(b)entitlement to all specified benefits has ceased;

(c)the beneficiary withdraws consent for the Secretary of State to make deductions from a specified benefit; or

(d)the beneficiary is no longer liable to repay any tax credits overpayment debt or self-assessment debt.

(5) The Secretary of State shall notify the beneficiary in writing of the total sums deducted under this paragraph—

(a)on receipt of a written request for such information from the beneficiary; or

(b)on the termination of deductions.

(6) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

(a)in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7E”; and

(b)in sub-paragraph (2) for “and 7D” there were substituted “, 7D and 7E”.]

Maximum amount of payments to third partiesE+W+S

8.—(1) The maximum aggregate amount payable under [F294paragraphs] 3(2)(a), 5(6), 6(2)(a) [F295, 7(3)(a) [F296, 7(5)(a) and 7A]]F297...[F298, and] [F299regulation 5 of the Council Tax Regulations and regulation 4 of the Fines Regulations][F300, and in respect of an integration loan which is recoverable by deductions] shall not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.

(2) The maximum [F301aggregate] amount payable under [F302paragraphs 3(2)(a), 5, 6[F303,7 and 7D]] shall not without the consent of the beneficiary, exceed [F304a sum calculated in accordance with sub-paragraph (4);]

F305[F306(2A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F307 [F308(3)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F309(4) The sum referred to in sub-paragraph (2) is—

(a)where the claimant or partner does not receive child tax credit, 25 per cent of—

(i)in the case of income support, the applicable amount for the family as is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

(ii)in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; F310...

(iii)in the case of state pension credit, the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations 2002 which may be applicable in the particular case; or

[F311[F312(iv)in the case of an employment and support allowance, the applicable amount for the family as is awarded under paragraph (1)(a) and (b) of regulation 67 (prescribed amounts) or paragraph (1)(a) to (c) of regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or]]

(b)where the claimant or his partner receives child tax credit, 25 per cent of the sum of—

(i)the amount mentioned in [F313sub-paragraphs (a)(i) to (iv)], which applies to the claimant;

(ii)the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 2002; and

(iii)the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act.]

Priority as between certain debtsE+W+S

9.—F314(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F314(1A) Where in any one week—

(a)more than one of paragraphs 3 to [F3157A, 7C or 7E] are applicable to the beneficiary; or

(b)one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, [F316regulation 3 of the Community Charges Regulations, regulation 3 of the Community Charges (Scotland) Regulations, regulation 4 of the Fines Regulations[F317, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007]] also applies; and

(c)the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;

the order of priorities specified in sub-paragraph (1)(B) shall apply.

(1B) The order of priorities which shall apply in sub-paragraph (1)(A) is—

F318(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)any liability mentioned in paragraph 3 (housing costs)[F319, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments)];

(b)any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));

(c)any liability mentioned in paragraph 6 (fuel costs);

(d)any liability mentioned in paragraph 7 (water charges);

(e)any liability mentioned in [F320regulation 3 of the Community Charges Regulations (deductions from income support etc.), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.)];

(f)any liability mentioned in [F321regulation 4 of the Fines Regulations (deductions from offender’s income support etc.)];

(g)any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).]

[F322(ga)any liability to repay an integration loan which is recoverable by deductions.]

[F323(h)any liability mentioned in paragraph 7C (liability in respect of loans).]

[F324(i)any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).]

(2) As between liability for items of housing costs liabilities in respect of mortgage payments shall have priority over all other items.

(3) As between liabilities for items of gas or electricity the [F325Secretary of State] shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.

F326(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F328Regulations 34A and 34B]

[F327SCHEDULE 9AE+W+SDEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS

InterpretationE+W+S

1.  In this Schedule—

F329...

F329...

“Income Support Regulations” means the Income Support (General) Regulations 1987;

[F330“relevant benefits” means—

F340...;]

“specified part” shall be construed in accordance with paragraph 3.

Specified circumstances [F341for the purposes of regulation 34A]E+W+S

[F3422.  The circumstances referred to in regulation 34A are that—

(a)[F343[F344the amount to be met under—

(i)Schedule 3 to the Income Support Regulations; or

(ii)Schedule 2 to the Jobseeker’s Allowance Regulations; or

(iii)Schedule II to the State Pension Credit Regulations;][F345or]

[F345(iv)Schedule 6 to the Employment and Support Allowance Regulations,]

by reference to the standard rate F346... and, in the case of income support, to any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations;]

(b)the relevant benefits to which a relevant beneficiary is entitled are payable in respect of a period of 7 days or a multiple of such a period.]

[F347Specified circumstances for the purposes of regulation 34BE+W+S

2A.—(1) The circumstances referred to in regulation 34B are that—

(a)the relevant beneficiary is entitled to a savings credit as construed in accordance with sections 1 and 3 of the 2002 Act and not to a guarantee credit; and

(b)sub-paragraphs (a) and (b) of paragraph 2 apply.

(2) The further circumstances referred to in that regulation are that—

(a)the relevant beneficiary has requested the Secretary of State in writing to make such payments to the qualifying lender; or

(b)the Secretary of State has determined that it would be in the relevant beneficiary’s interests, or in the interests of his family, to make such payments to the qualifying lender.

(3) In making the determination referred to in sub-paragraph (2)(b), the Secretary of State shall have regard to whether or not the relevant beneficiary is in arrears with his payments to the qualifying lender.

(4) For the purposes of sub-paragraph (2)(b), “a family” comprises the relevant beneficiary, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of [F34820], is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the relevant beneficiary or the relevant beneficiary’s partner.]

Specified part of relevant benefitE+W+S

3.—[F349(1) Subject to the following provisions of this paragraph, the part of any relevant benefits which, as determined by the [F350Secretary of State in accordance with regulation 34A, shall be paid] directly to the qualifying lender (“the specified part") is[F351, in the case of income support,] a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [F351or, in the case of jobseeker’s allowance, equal to the amount of mortgage interest to be met in accordance with paragraphs 6 to 9 of Schedule 2 to the Jobseeker’s Allowance Regulations][F352or, in the case of employment and support allowance, a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 8 to 11 of Schedule 6 to the Employment and Support Allowance Regulations].]