Paragraph 9 Priority as between certain debts
England, Wales and Scotland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where in any one week—
more than one of paragraphs 3 to F27A, 7C or 7E are applicable to the beneficiary; or
one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, F3regulation 3 of the Community Charges Regulations, regulation 3 of the Community Charges (Scotland) Regulations, regulation 4 of the Fines RegulationsF4, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007 also applies; and
the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;
the order of priorities specified in sub-paragraph (1)(B) shall apply.
The order of priorities which shall apply in sub-paragraph (1)(A) is—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any liability mentioned in paragraph 3 (housing costs)F6, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments);
any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));
any liability mentioned in paragraph 6 (fuel costs);
any liability mentioned in paragraph 7 (water charges);
any liability mentioned in F7regulation 3 of the Community Charges Regulations (deductions from income support etc.), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.);
any liability mentioned in F8regulation 4 of the Fines Regulations (deductions from offender’s income support etc.);
any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).
any liability to repay an integration loan which is recoverable by deductions.
any liability mentioned in paragraph 7C (liability in respect of loans).
any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As between liabilities for items of gas or electricity the F13Secretary of State shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.
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Annotations
Textual amendments
- F1
Sch. 9 para. 9(1A)(1B) substituted for Sch. 9(1) (1.4.1993) by The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993 (S.I. 1993/495), regs. 1(1), 2(4)
- F2
Words in Sch. 9 para. 9(1A)(a) substituted (30.4.2010) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010 (S.I. 2010/870), regs. 1, 2(2)(c)(i)
- F3
Words in Sch. 9 para. 9(1A)(b) substituted (11.4.2005) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 (S.I. 2005/777), regs. 1(1), 3(5)(a)
- F4
Words in Sch. 9 para. 9(1A)(b) substituted (31.7.2007) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 (S.I. 2007/1866), regs. 1, 2(d)(i)
- F5
Sch. 9 para. 9(1B)(za) 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)(d)
- F6
Words in Sch. 9 para. 9(1B)(a) added (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 3(2)(b)
- F7
Words in Sch. 9 para. 9(1B)(e) substituted (11.4.2005) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 (S.I. 2005/777), regs. 1(1), 3(5)(b)
- F8
Words in Sch. 9 para. 9(1B)(f) substituted (11.4.2005) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005 (S.I. 2005/777), regs. 1(1), 3(5)(c)
- F9
Sch. 9 para. 9(1A)(ga) inserted (31.7.2007) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 (S.I. 2007/1866), regs. 1, 2(d)(ii)
- F10
Sch. 9 para. 9(1B)(h) added (27.12.2006) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2006 (S.I. 2006/3188), regs. 1, 2(3)(b)(ii)
- F11
Sch. 9 para. 9(1B)(i) added (30.4.2010) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010 (S.I. 2010/870), regs. 1, 2(2)(c)(ii)
- F12
Sch. 9 para. 9(2) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(c) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)
- F13
Words in Sch. 9 para. 9(3) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)
- F14
Sch. 9 para. 9(4) omitted (1.11.1991) by virtue of The Social Security (Miscellaneous Provisions) Amendment Regulations 1991 (S.I. 1991/2284), regs. 1, 20
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)