The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2007

in paragraph 1 (interpretation)—

in paragraph 2(1) (general) after head (d)^f9 insert—

“(dd)

water charges;”;

in paragraph 4A(1)(d)^f10 (hostel payments) before sub-head (i) insert—

“(zi)

water;”;

in paragraph 5(2)^f11 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) after “in respect of” insert “either or both of water charges or”;

after paragraph 6 (fuel costs) insert—

“Water charges

6A.

(1)

This paragraph does not apply where water charges are paid with, or as part of, rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, including 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 Department may determine, subject to sub-paragraph (10) and 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, but only if the Department 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 Department 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 Department may determine that the sum so estimated shall be adjusted for a period of 26 weeks or 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 Department 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;

(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 sewerage may be made at the same time.

(8)

Subject to sub-paragraph (10) and 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-paragraphs (3), (4), (5) and (6) exceeds a sum calculated in accordance with sub-paragraph (9).

(9)

The sum referred to in sub-paragraph (8) 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 determined under regulation 17(1)(a) to (d) or regulation 18(1) of the Income Support Regulations,

(ii)

in the case of jobseeker’s allowance, the applicable amount for the family as determined under regulation 83(a) to (e) or regulation 84(1) (a) to (f) of the Jobseeker’s Allowance Regulations, or

(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

(b)

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

(i)

the amount mentioned in head (a)(i) to (iii), which applies to the claimant,

(ii)

the amount of child benefit awarded to him or his partner, and

(iii)

the amount of child tax credit awarded to him or his partner under section 8 of the Tax Credits Act 2002.

(10)

Notwithstanding paragraph 8(1), no payment may be made to a third party under this paragraph unless the amount of the beneficiary’s award of the specified benefit is not less than the amount authorised to be so paid under this paragraph plus 10 pence.

(11)

In this paragraph—

• “specified benefit” means—

  1. (a)

     income support or, where in respect of any period it is paid together with incapacity benefit or severe disablement allowance 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 paragraph;

  2. (b)

     subject to sub-paragraph (12), jobseeker’s allowance; and

  3. (c)

     state pension credit or, where in respect of any period it is paid together with incapacity benefit, retirement pension or severe disablement allowance by means of two or more instruments of payment, state pension credit and incapacity benefit, retirement pension or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this paragraph;

• “water undertaker” means a company appointed under Article 13(1) of the Water and Sewerage Services (Northern Ireland) Order 2006.

(12)

For the purposes of paragraph (b) of the definition of “specified benefit” in sub-paragraph (11) “jobseeker’s allowance” means—

(a)

income-based jobseeker’s allowance; and

(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.”.

in paragraph 8 (aggregate amounts and maximum amount of payments to third parties)—

in paragraph 9(1)^f13 (priority as between debts) after head (c) insert—

“(cc)

any liability mentioned in paragraph 6A (water charges);”.