{
  "url": "https://openlegislation.uk/community-charges-deductions-from-income-support-regulations-1990/regulation-2",
  "json_url": "https://openlegislation.uk/community-charges-deductions-from-income-support-regulations-1990/regulation-2.json",
  "legislation": "uksi/1990/107",
  "legislation_title": "Community Charges (Deductions from Income Support) Regulations 1990",
  "legislation_url": "https://openlegislation.uk/community-charges-deductions-from-income-support-regulations-1990",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Deductions from income support",
  "text": "(1) Where a debtor is entitled to income support, without prejudice to its right to pursue any other means of recovery, an authority may apply to the Secretary of State by sending an application in respect of each debtor or, where a liability order is made against a couple in respect of both of them, to an appropriate social security office asking him to deduct sums from any amount payable to a debtor by way of that income support.\n(2) An application from an authority shall be in writing and shall contain the following particulars —\n(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;\n(b) the name and place of the court at which the liability order was obtained;\n(c) the date when the liability order was obtained;\n(d) the total amount of the arrears specified in the liability order;\n(e) the total amount which the authority wishes to have deducted from income support.\n(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.\n(4) Subject to regulation 4(1), where the Secretary of State receives an application from an authority, he shall refer it to an adjudication officer who shall determine, so far as is practicable within 14 days of its submission to him, the following questions —\n(a) whether there is sufficient entitlement to income support so as to enable the Secretary of State to make any deduction —\n(i) where a liability order is made against a single debtor, or a debtor who is a member of a couple, or a member of a polygamous marriage, at a rate of 5 per cent.of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987, paragraph 1(1)(c) (single claimant aged not less than 25); or\n(ii) where a liability order is made against a couple and income support is payable in respect of both of them at a rate of 5 per cent.of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987, paragraph 1(3)(c) (couple where both mem bers are aged not less than 18), and, if the amount payable by way of income support to the debtor were to be 10 pence or more after any such deduction, the adjudication officer shall determine that there is sufficient entitlement;\n(b) the priority of any sum to be deducted as against any payments to third parties where there is insufficient entitlement to income support to meet both the deduction in respect of arrears of community charges and those payments to third parties, and the following priorities shall apply —\n(i) any liability mentioned in paragraph 3 of Schedule 9 (housing costs) to the Social Security (Claims and Payments) Regulations 1987;\n(ii) any liability mentioned in paragraph 5 of Schedule 9 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) to those Regulations;\n(iii) any liability mentioned in paragraph 6 of Schedule 9 (fuel costs) to those Regulations;\n(iv) any liability mentioned in paragraph 7 of Schedule 9 (water charges) to those Regulations;\n(v) any liability for arrears in respect of community charges.\n(5) Subject to any right of appeal or review under these Regulations, the decision of the adjudication officer shall be final.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1987/1967, to which the relevant amendment is S.I. 1988/1228."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/107/regulation/2",
    "retrieved_at": "2026-10-29T15:29:14.897038+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}