Regulation 1 Citation, commencement and interpretationC1

These Regulations may be cited as the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 and shall come into force on 8th April 1989.

In these Regulations, unless the context otherwise requires–

• F1...

• F2 “the 1986 Act ”means the Social Security Act 1986;

• F3 “the 1998 Act ” means the Social Security Act 1998;

• F4“the 2012 Act” means the Welfare Reform Act 2012;

• F5...

• “appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the F6Department for Education and Employment which is normally open to the public for the receipt of claims for F7jobseeker’s allowance and income support;

• F8“assessment period” means the period prescribed by regulation 21 of the UC Regulations;

• F9 “Commissioner” has the meaning it bears in section 39(1) of the 1998 Act;

• F10“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;F11as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance or under Part 1 of the Welfare Reform Act as it has effect apart from those amendments

• F12“contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part I of the Jobseekers Act 1995, F13as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance or under Part 1 of the Jobseekers Act 1995 as it has effect apart from those amendments but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

• “couple” means a married or unmarried couple;

• “debtor” means a person F14... and against whom a summary warrant or decree has been obtained;

• F15“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

• “5 per cent. of the personal allowance for a single claimant aged not less than 25” and

• F16“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

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

• F17“income-based jobseeker’s allowance” means—

  1. (a)

     an income-based jobseeker’s allowance under Part I of the Jobseekers Act 1995; and

  2. (b)

     in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,

  but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as jobseeker’s allowance;

• “income support” means income support within the meaning of the Social Security Act 1986 M1; F18but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;

• F19“Jobseekers Act” means the Jobseekers Act 1995;

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

• F20 “married couple”has the meaning ascribed to it in section 20(11) of the 1986 Act;

• “payments to third parties” means direct payments to third parties in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 F21or Schedule 6 to the UC etc. Claims and Payments RegulationsM2;

• F22“personal allowance for a couple where both members are aged not less than 18” means—

  1. (a)

     in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(3)(c) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987; F23 ...

  2. (b)

     in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(3)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;F24 or

  3. (c)

     in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(3)(a) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;

• F25“personal allowance for a single claimant aged not less than 25” means—

  1. (a)

     in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987; F26 ...

  2. (b)

     in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;F27 or

  3. (c)

     in the case of a person who is entitled to an income-related employment and support allowance, the amount for the time being specified in paragraph 1(1)(b) of column (2) of Schedule 4 to the Employment and Support Allowance Regulations;

• F28 “polygamous marriage”means a marriage to which section 22B of the 1986 Act refers

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

• F29“state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002;

• F30“the UC Regulations” means the Universal Credit Regulations 2013;

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

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

• F31 “tribunal” means an appeal tribunal constituted under Chapter I of Part I of the 1998 Act ;

• F32 “unmarried couple” has the meaning ascribed to it in section 20(11) of the 1986 Act.

• F33“Welfare Reform Act” means the Welfare Reform Act 2007.

Any reference in these Regulations to community charges includes a reference to those charges as read with paragraph 11 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 and the Community Water Charges (Scotland) Regulations 1988.

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