Paragraph 8 Maximum amount of payments to third partiesC1

England, Wales and Scotland

(1)

The maximum aggregate amount payable under F1paragraphs 3(2)(a), 5(6), 6(2)(a) F2, 7(3)(a) F3, 7(5)(a) and 7AF4...F5, and F6regulation 5 of the Council Tax Regulations and regulation 4 of the Fines RegulationsF7, and in respect of an integration loan which is recoverable by deductions shall not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.

(2)

The maximum F8aggregate amount payable under F9paragraphs 3(2)(a), 5, 6F10,7 and 7D shall not without the consent of the beneficiary, exceed F11a sum calculated in accordance with sub-paragraph (4);

F12(F132A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14( F153)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4)

The sum referred to in sub-paragraph (2) 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 is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

(ii)

in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; F17...

(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

(F18F19iv)

in the case of an employment and support allowance, the applicable amount for the family as is awarded under paragraph (1)(a) and (b) of regulation 67 (prescribed amounts) or paragraph (1)(a) to (c) of regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or

(b)

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

(i)

the amount mentioned in F20sub-paragraphs (a)(i) to (iv), which applies to the claimant;

(ii)

the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 2002; and

(iii)

the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 8(1) substituted (8.4.1996) by The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996 (S.I. 1996/481), regs. 1(1), 6
F2: Words in Sch. 9 para. 8(1) substituted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 19(a)
F3: Words in Sch. 9 para. 8(1) substituted (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 2(3)(a)
F4: Words in Sch. 9 para. 8(1) omitted (7.4.1997) by virtue of The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 7(2)(a)
F5: Words in Sch. 9 para. 8(1) inserted (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 2(3)(b)
F6: Words in Sch. 9 para. 8(1) substituted (11.4.2005) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 (S.I. 2005/777), regs. 1(1), 3(4)
F7: Words in Sch. 9 para. 8(1) inserted (31.7.2007) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 (S.I. 2007/1866), regs. 1, 2(c)(i)
F8: Words in Sch. 9 para. 8(2) inserted (5.12.1990) by The Social Security (Miscellaneous Provisions)Amendment Regulations 1990 (S.I. 1990/2208), regs. 1(1)(c), 16(3)(a)
F9: Words in Sch. 9 para. 8(2) substituted (1.11.1991) by The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 19(b)(i)
F10: Words in Sch. 9 para. 8(2) substituted (31.7.2007) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 (S.I. 2007/1866), regs. 1, 2(c)(ii)
F11: Words in Sch. 9 para. 8(2) omitted (2.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2006 (S.I. 2006/2377), regs. 1, 2(5)(d)(i)
F12: Sch. 9 para. 8(2A) omitted (2.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2006 (S.I. 2006/2377), regs. 1, 2(5)(d)(ii)
F13: Sch. 9 para. 8(2A) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(1)(f)
F14: Sch. 9 para. 8(3) omitted (7.4.1997) by virtue of The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 7(2)(b)
F15: Sch. 9 para. 8(3) inserted (25.5.1992 for specified purposes and for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(3)(b)
F16: Sch. 9 para. 8(4) added (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2006 (S.I. 2006/2377), regs. 1, 2(5)(d)(iii)
F17: Word in Sch. 9 para. 8(4)(a)(ii) omitted (27.7.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(8)(a)
F18: Sch. 9 para. 8(4)(a)(iv) added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(8)(b)
F19: Sch. 9 para. 8(4)(a)(iv) substituted (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 4 para. 67 (with reg. 3)
F20: Words in Sch. 9 para. 8(4)(b)(i) substituted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 15(4)(b)

Modifications

C1: Sch. 9 para. 8 modified by SI 2010/1907 Sch. 2 para. 21(b)(ii) (as amended) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(2), 17(10)

Notes on the whole SI

Textual amendments

F1: Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)