# Community Charges (Deductions from Income Support) (Scotland) Regulations 1989, Regulation 3: Deductions from debtor’s income support, universal credit, state pension credit, jobseeker’s allowance or employment and support allowance


(1) Subject to paragraph (4) and regulation 4, where the Secretary of State receives an application from a levying authority in respect of a debtor who is entitled to income support, state pension credit, income-based jobseeker’s allowance or income-related employment and support allowance and the amount payable by way of that benefit, after any deduction under this paragraph, is 10 pence or more, the Secretary of State may deduct a sum from that benefit which is equal to 5 per cent. of the personal allowance–
(a) for a couple where–
(i) a summary warrant or decree is made; and
(ii) that benefit is payable, in respect of both members of a couple both of whom are aged not less than 18; and
(b) in any other case, for a single claimant aged not less than 25,
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.
(1A) Subject to paragraphs (1B), (1C) and (4A) and regulation 4, where the Secretary of State receives an application from an authority in respect of a debtor who is entitled to universal credit, the Secretary of State may deduct an amount from the universal credit payable to the debtor which is equal to 5 per cent. of the appropriate universal credit standard allowance and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
(1B) No amount may be deducted under paragraph (1A) where it would reduce the amount of universal credit payable to the debtor to less than 1 penny.
(1C) For the purpose of paragraph (1A), where 5 per cent. of the appropriate universal credit standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.
(1D) In paragraphs (1A) and (1C), “appropriate universal credit standard allowance” means the appropriate universal credit standard allowance for the debtor for the assessment period in question under regulation 36 of the UC Regulations.
(2) Subject to paragraph (3) and regulation 4, where–
(a) the Secretary of State receives an application from a levying authority in respect of a debtor who is entitled to contribution-based jobseeker’s allowance or contributory employment and support allowance; and
(b) the amount payable, before any deductions under this paragraph, of—
(i) contribution-based jobseeker’s allowance is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act; or
(ii) contributory employment and support allowance is equal to or more than one-third of the amount applicable to the debtor under section 2(1)(a) of the Welfare Reform Act,
as the case may be,
the Secretary of State may deduct a sum from that benefit which is equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act or under section 2(1)(a) of the Welfare Reform 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) Where the sum that would otherwise fall to be deducted under paragraph (2) includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(4) Before making a deduction under paragraph (1) the Secretary of State shall make any deduction which falls to be made in respect of a liability mentioned in any of the following provisions of the Social Security (Claims and Payments) Regulations 1987–
(a) regulation 34A (mortgage interest);
(b) paragraph 3 (housing costs) of Schedule 9;
(c) paragraph 5 (rent and certain service charges for fuel) of Schedule 9; and
(d) paragraph 6 (fuel costs) of Schedule 9.
(4A) Before making a deduction under paragraph (1A), the Secretary of State must make any deduction which falls to be made in respect of a liability mentioned in paragraph 5(2)(a) to (c) of Schedule 6 to the UC etc. Claims and Payments Regulations.
(5) Subject to regulations 5 and 6, a decision of the Secretary of State under this regulation shall be final.
(6) The Secretary of State shall notify the debtor in writing of a decision to make a deduction under this regulation as soon as is practicable and at the same time shall notify the debtor of his right of appeal.

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Source: https://www.legislation.gov.uk/uksi/1989/507/regulation/3 (the official version)
Page: https://openlegislation.uk/community-charges-deductions-from-income-support-scotland-regulations-1989/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.