OpenLegislation

Paragraph 2 DeductionsF1

England, Wales and Scotland

(1)

Subject to paragraphs 5 and 6, the Secretary of State may deduct from a specified benefit awarded to a beneficiary, an amount equal to the amount of maintenance F2and any fee which is payable by the beneficiary (or in the case of income supportF3, state pension creditF4, income-based jobseeker's allowance or income-related employment and support allowance, payable either by the beneficiary or his partner) and pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the liability to pay maintenanceF5, and retain any amount deducted in discharge of any liability to pay a fee.

(2)

A deduction F6for maintenance and fees may only be made from one of the specified benefits in any one week.

(F72A)

Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.

(3)

No deduction may be made unless the amount of the relevant specified benefit is not less than the total of the amounts to be deducted under this Schedule plus 10 pence.

Annotations

Textual amendments

F1

Sch. 9B inserted (31.1.2001) by The Social Security (Claims and Payments) Amendment Regulations 2001 (S.I. 2001/18), regs. 1(1), 2(b), Sch. (with reg. 3)

F2

Words in Sch. 9B para. 2(1) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(3)(a)(i)

F3

Words in Sch. 9B para. 2(1) 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(3)

F4

Words in Sch. 9B para. 2(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 28(2)

F5

Words in Sch. 9B para. 2(1) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(3)(a)(ii)

F6

Words in Sch. 9B para. 2(2) inserted (12.8.2014) by The Child Support Fees Regulations 2014 (S.I. 2014/612), regs. 1(4), 14(3)(b)

F7

Sch. 9B para. 2(2A) inserted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 2(4)

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)