Regulation 8 Circumstances, time of making and termination of deductions
The Secretary of State shall make deductions from F1income supportF2, state pension creditF3, jobseeker’s allowance or employment and support allowance under F4regulation 5(1) or (2) only if–
the debtor is entitled to income support, state pension creditF5, jobseeker’s allowance or employment and support allowance throughout any benefit week;
no deductions are being made in respect of the debtor under any other application; and
no payments are being made under regulation 2 of the Community Charge (Deductions from Income Support) (Scotland) Regulations 1989 or regulation 2 of the Community Charge (Deductions from Income Support) (No.2) Regulations 1990.
The Secretary of State may make deductions from universal credit under regulation 5(1A) only if—
the debtor is entitled to universal credit throughout any assessment period;
no deductions are being made in respect of the debtor under any other application; and
no payments are being made under regulation 2 of the Community Charge (Deductions from Income Support)(Scotland) Regulations 1989 or regulation 2 of the Community Charge (Deductions from Income Support)(No.2) Regulations 1990.
The Secretary of State shall make deductions from income support, F7universal credit, state pension creditF8, jobseeker’s allowance or employment and support allowance by reference to the times at which payment of income support, universal credit, state pension credit, jobseeker’s allowance or employment and support allowance is made to the debtor M1.
The Secretary of State shall cease making deductions from income support, F9universal credit, state pension creditF10, jobseeker’s allowance or employment and support allowance if–
there is no longer sufficient entitlement to income support, universal credit, state pension credit, jobseeker’s allowance or employment and support allowance to enable him to make the deduction;
an authority withdraws its application for deductions to be made; or
the debt in respect of which he was making the deductions is discharged.
The Secretary of State shall not determine any application under regulation 2 or 3 which relates to a debtor in respect of whom–
he is making deductions; or
deductions fall to be made,
pursuant to an earlier application under either of those regulations until no deductions pursuant to that earlier application fall to be made.
Payments of sums deducted from income supportF12, F13universal credit, state pension creditF14, jobseeker’s allowance or employment and support allowance by the Secretary of State under these Regulations shall be made to the authority concerned, as far as is practicable, at intervals not exceeding 13 weeks.
Where the whole of the amount to which the application relates has been paid, the authority concerned shall, so far as is practicable, give notice of that fact within 21 days to the Secretary of State.
The Secretary of State shall notify the debtor in writing of the total sums deducted by him under any application–
on receipt of a written request for such information from the debtor; or
on the termination of deductions made under any such application.
Annotations
Textual amendments
- F1
Words in reg. 8(1) substituted (7.10.96) by S.I. 1996/2344, regs. 1(1), 24(2)(a)
- F2
Words in reg. 8(1)(2)(3) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(7)
- F3
Words in reg. 8(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(a)(i)
- F4
Words in reg. 8(1) substituted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(a)
- F5
Words in reg. 8(1)(a) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(a)(iii)
- F6
Reg. 8(1A) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(b)
- F7
Words in reg. 8(3) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
- F8
Words in reg. 8(2) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(b)
- F9
Words in reg. 8(5) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
- F10
Words in reg. 8(3) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(c)
- F11
Reg. 8(4) substituted (29.11.99) by S.I. 1999/3178, art. 3, Sch. 13 para. 3
- F12
Words in reg. 8(5) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 33(7)
- F13
Words in reg. 8(2) inserted (29.4.2013) by The Fines, Council Tax and Community Charges (Deductions from Universal Credit and Other Benefits) Regulations 2013 (S.I. 2013/612), regs. 1(2), 12(c)
- F14
Words in reg. 8(5) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 55(7)(d)
Marginal citations
- M1
See Schedule 7 to S.I. 1987/1968 .