S.I. 1987 No.1968

The Social Security (Claims and Payments) Regulations 1987 Schedules

SCHEDULE 1
Regulation 9(1)
Part I
BENEFIT CLAIMED AND OTHER BENEFIT WHICH MAY BE TREATED AS IF CLAIMED IN ADDITION OR IN THE ALTERNATIVE

Benefit Claimed (1)	Alternative benefit (2)
[¹Incapacity benefit]	[Severe disablement allowance.]
[²]	[ ]
Severe disablement allowance	[³Incapacity benefit.]
[⁴]
[⁵Incapacity benefit for a woman	Maternity allowance.]
Severe disablement allowance for women	Maternity allowance
Maternity allowance	[⁶Incapacity benefit or severe disablement allowance.]
A retirement pension of any category	Widow's benefit.
A retirement pension of any category	A retirement pension of any other category [or graduated retirement benefit⁷].
[⁸An increase of incapacity benefit]	An increase of severe disablement allowance
Attendance allowance	An increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is needed	Attendance allowance [⁹or disability living allowance].
An increase of severe disablement allowance	[¹⁰An increase of incapacity benefit.]
Income support	[¹¹][¹²] or an invalid care allowance.
[¹³Widow's benefit	A retirement pension of any category or graduated retirement benefit.]
[¹⁴Disability living allowance of	Attendance allowance or an increase
disablement pension where constant attendance is needed.
Attendance allowance or an increase of disablement pension where constant attendance is needed	Disability living allowance.]
[¹⁵Disabled person's tax credit ¹⁶ ]	[¹⁷Working families' tax credit ¹⁶ ]
[ Working families' tax credit ¹⁶ ]	[ Disabled person's tax credit ¹⁶ ] .

In this Part of this Schedule-

(a) reference to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;
(b) "widow's benefit" means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.

Part II
Regulation 9(2) and (3)
interchange of claims for child benefit with claims for other benefits
. . .¹⁸

Guardian's allowance
Maternity allowance claimed after confinement
Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

SCHEDULE 2
Regulation 17(5)
SPECIAL PROVISIONS RELATING TO CLAIMS FOR [JOBSEEKER'S ALLOWANCE] DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS¹⁹

1.-(1) In this schedule:-

(a) "public holiday" means as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971²⁰ or in Scotland local holidays; and "Christmas and New Year holidays" and "Good Friday and Easter Monday" shall be construed accordingly and shall in each case be treated as one period;
(b) "office closure" means a period during which an [office of the Department for Education and Employment] or associated office is closed in connection with a public holiday;
(c) in computing any period of time Sundays shall not be disregarded.

(2) Where any claim for [a jobseeker's allowance²¹] is made during one of the periods set out in paragraph (3), the following provisions shall apply-

(a) a claim for [a jobseeker's allowance] may by treated by [an adjudicating officer²¹]²² as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);
(b) on any claim so treated, benefit may be awarded as if the provision of paragraph (4) of regulation 17 applied.

(3) For the purposes of paragraph (2) the periods are-

(a) in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;
(b) in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;
(c) in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.
[Schedule 3 (duration of disallowance) deleted by reg. 2(21) of S.I. 1996/1460 as from 7.10.96.]

SCHEDULE 4
Regulation 19(1)
PRESCRIBED TIMES FOR CLAIMING BENEFIT

Description of benefit (1)	Prescribed time for claiming benefit (2)
1.[²³ Jobseeker's allowance	The first day of the period in respect of which the claim is made]
[²⁴2.Incapacity benefit or severe disablement allowance-	The day in respect of which the claim is made and the period of [²⁵3 months] immediately following it.]
3.,Disablement benefit (not being an increase of benefit).	As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
See also the transitional provision in reg. 9 of S.I. 1993/1985 in relation to prescribed disease no. D12 (bronchitis/emphysema).
4.Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.	As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.
5.Reduced earnings allowance.	As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one percent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.
6.Income support.	The first day of the period in respect of which the claim is made.
7.[ Working families' tax credit ²⁶ ]	(a),Where [ working families' tax credit ²⁶ ] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award; (aa),[²⁷ where [disabled person's tax credit ²⁸ ] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of [ disabled person's tax credit ²⁸ ];] (b),subject to [(a) and (aa)], the first day of the period in respect of which the claim is made, (c),[²⁹ where a claim for [working families' tax credit ²⁶ ] is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.]
8.Social fund payment in respect of maternity expenses.	[The period beginning 11 weeks before the first day of the expected week of confinement and ending 3 months after- (a),the actual date of confinement; or (b),in the case of an adopted child, the date of the adoption order; or (c),in the case of a child in respect of whom an order has been granted pursuant to section 30 of the Human Fertilisation and Embryology Act, the date of that Order.³⁰]
9.Social fund payment in respect of funeral expenses.	[The period beginning with the date of death and ending 3 months after the date of the funeral.³¹]
9A.³²
10.Increase of disablement benefit under [³³section 60 of the Social Security Act 1975 on grounds of special hardship³⁴ or] section 62 of the Social Security Act 1975³⁵ on the grounds of receipt of hospital treatment.	As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.
[³⁶11. [Disabled person's tax credit ³⁷ ] .	(a) Where [ disabled person's tax credit ³⁷ ] has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award; (b),where [ working families' tax credit ³⁸ ] has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of [ working families' tax credit ³⁸ ] ; (c),subject to (a) and (b), the first day of the period in respect of which the claim is made; (d),where a claim for [ disabled person's tax credit ³⁷ ] is made by virtue of regulation 13B(1), the period be- ginning on 10th March 1992 and ending on 6th April 1992].

For the purposes of this Schedule-

"actual date of confinement" means the date of the issue of the child or, if the woman is confined of twins or a greater number of children, the date of the issue of the last of them; and
"confinement" means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead.

SCHEDULE 5
Regulation 19
MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

[Paragraph 1 (unemployment benefit) of Schedule 5 deleted by reg. 2(23) of S.I. 1996/1460 as from 7.10.96.]
[Whole of Schedule 5 omitted by S.I. 1996/2306, regn.7 with effect on and after 7 October 1996.]

SCHEDULE 6
Regulation 22(3)
DAYS FOR PAYMENT OF LONG TERM BENEFITS

[Attendance allowance and disability living allowance
1. Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.³⁹]

2.⁴⁰

Industrial injuries benefit
3. Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.
Invalid care allowance
4. Invalid care allowance shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976⁴¹ the invalid care allowance shall be payable on Wednesdays.

Retirement pension
5. Retirement pension shall be payable on Mondays, except that-

(a) where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;
(b) where a woman was entitled to a widow's benefit immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays;
(c) where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;
(d) the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may in any particular case determine;
(e) where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

Widowed mother's allowance and widow's pension
6. Widowed mother's allowance and widow's pension shall be payable on Tuesdays.
[Paragraph 7 of Schedule 6 omitted by S.I. 1991/2741,regn.27(b) with effect on and after 6 April 1992.]

SCHEDULE 7
Regulation 26
MANNER AND TIME OF PAYMENT, EFFECTIVE DATE OF CHANGE OF CIRCUMSTANCES AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES ⁴²

Manner of payment
1. Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award by means of an instrument of payment ⁴³[or an instrument for benefit payment].

Time of payment
2. Income support shall be paid in advance where the claimant is-

(a) In receipt of retirement pension; or
(b) over pensionable age and not in receipt of ⁴⁴ ... [incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies⁴⁵] unless he was in receipt of income support immediately before the trade dispute began; or
(c) in receipt of widow's benefit and is not registering or required to register as available for work or providing or required to provide medical evidence of incapacity for work; or
(d) to a person to whom [section 23(A)⁴⁶] of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

[2A.-(1) For the purposes of this paragraph-

(a) "public holiday" means as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971⁴⁷ or in Scotland local holidays, and
(b) "office closure" means a period during which an office of the Department of Social Security or associated office [ or any office to which a claim may be made in accordance with regulation 4A(1) ⁴⁸ ] is closed in connection with a public holiday.

(2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.
(3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.⁴⁹]
[3.-(1) Subject to [sub-paragraph (1A) and to⁵⁰] any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.
[(1A) Subject to sub-paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.⁵⁰]
(2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.⁵¹]
[3A.-(1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.
(2) In this paragraph, "part-week" has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.⁵²]
4. [In this Schedule⁵³]-

"benefit week" means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct;
["Income Support Regulations" means the Income Support (General) Regulations 1987⁵⁴ ⁵⁵] and
"relevant social security benefit" means . . . ⁵⁶ [incapacity benefit ⁵⁷], severe disablement allowance, retirement pension or widow's benefit.

Payment of small amounts of income support
5. Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.
Commencement of entitlement to income support
6.-(1) Subject to sub-paragraphs (3) and (4); in a case where income support is payable in arrears entitlement shall commence on the date of claim.
(2) [Subject to sub-paragraphs (2A) and (3)⁵⁸], in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.
[(2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such week entitlement shall commence on the date of claim.⁵⁹]
[(3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation [except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.⁶⁰ ]⁶¹]
(4) ⁶²
[(5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident⁶³]
There is no longer a para. 6(5A).
(6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.
[Date when change of circumstances is to take effect⁴²
7.-(1) Subject to the following sub-paragraphs where the amount of income support payable under an award is changed because of a change of circumstances that change of circumstances shall have effect-

(i) where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or
(ii) where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day, and

for the purposes of this paragraph any period of resident in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 ⁶⁴ [or section 2 of the Enterprise and New Towns (Scotland) Act 1990⁶⁵]⁶⁶ for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.
(2) In the cases set out in sub-paragraph (3), the decision given on review shall have effect on the day on which the relevant change of circumstances occurs or is expected to occur.
(3) The cases referred to in sub-paragraph (2) are where-

(a) income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986⁶⁷;
(b) a child of young person referred to in regulation 16(6) of the Income support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;
(c) a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;
(d) a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either-

(i) ceases, or is expected to cease, to be a patient, or
(ii) a member of his family ceases, or is expected to cease, to be a patient, in either case for a period of less than a week;

[(dd) a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations either-

(i) ceases to be a prisoner, or
(ii) becomes a prisoner;⁶⁸]

(e) a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies either-

(i) becomes incapable of work by reason of disease or bodily or mental disablement, or
(ii) enters the maternity period (as defined in section 23(2) of that Act) or the day is known on which that person is expected to enter the maternity period;

(f) during the currency of the claim, a claimant makes a claim for a relevant social security benefit-

(i) the result of which is that his benefit week changes; or
(ii) under regulation 13 and an award of that benefit on the relevant day for the purposes of that regulation means that this benefit week is expected to change.

(4) Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) [or 39C(3⁶⁹)] of the Income Support Regulations (date on which income is treated as paid) any relevant change of circumstances which occurs, or which is expected to occur, resulting from that payment shall have effect on the day on which it is treated as paid.
(5) Where the relevant change of circumstances requires, or is expected to require, a reduction in the amount of income support then, if the Secretary of State certifies that it will be impracticable to give effect to that reduction from the day prescribed in the preceding sub-paragraphs, except where (3)(f) or (4) apply, the change shall have effect either from the first day of the following benefit week or, where the relevant change of circumstances is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.
(6) Where, in the cases set out in sub-paragraphs (b), (c), (d), (e) and (f) of paragraph (3) the review has been carried out under section 104(1)(b) of the Social Security Act 1975⁷⁰ and the circumstances which have caused the award to be revised cease to apply and the award is reviewed and revised again that second change of circumstances shall take effect from the date of the second change.⁷¹]

SCHEDULE 8
Regulation 23(1)(a)
ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1. A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either-

(a) he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or
(b) he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2. Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:

[(a) he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976⁷², or⁷³]
(b) he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support,[ an income-based jobseeker's allowance⁷⁴,][or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999.⁷⁵].

3. An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.
4. An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being-

(a) a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979⁷⁶, or
(b) the spouse of such a member, or
(c) a person living with such a member as husband and wife.

5. Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.
6. Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable-

(a) in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or
(b) in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7. A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.

SCHEDULE 9
Regulation 35
DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

Interpretation
1⁷⁷. [-(1)] In this Schedule-

["the Community Charges Regulations" means the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990;
"the Community Charges (Scotland) Regulations" means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;
["contribution-based jobseeker's allowance" means any contribution-based jobseeker's allowance which does not fall within the definition of "specified benefit";⁷⁸]
"the Council Tax Regulations" means the Council Tax (Deductions from Income Support) Regulations 1993⁷⁹ ⁸⁰;]
"family" in the case of a claimant who is not a member of a family means that claimant;
["the Fines Regulations" means the Fines (Deductions from Income Support) Regulations 1992⁸¹]
["5 per cent. of the personal allowance for a single claimant aged not less than 25" means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;⁸²]
["hostel" means a building other than a residential care home or nursing home within the meaning of regulation [ 2(1) ⁸³ ] of the Income Support Regulations ⁸⁴ or residential accommodation within the meaning of regulation 21(3) of those Regulations⁸⁵-

(a) in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and-
(b) which is-
(i) managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964⁸⁶; or
(ii) managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988⁸⁷; or
(iii) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
(iv) managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community.
(c) In sub-paragraph (iv) above, "voluntary organisation" shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;

"housing authority" means a local authority, a new town corporation, Scottish Homes or the Development Board for Rural Wales⁸⁸;]
"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987⁸⁹;
["housing costs" means any housing costs met under-

(a) Schedule 3 to the Income Support Regulations but-
(i) excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); and
(ii) includes costs under paragraphs 17(1)(a) (ground rent and feu duty) and 17(1)(c) (rent charges) of that Schedule only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); or
(b) Schedule 2 to the Jobseeker's Allowance Regulations but-
(i) excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); and
(ii) includes costs under paragraphs 16(1)(a) (ground rent and feu duty) and 16(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges;);⁹⁰]

["income support" means income support under Part II of the Social Security Act 1986 and includes transitional addition, personal expenses addition and special transitional addition as defined in the Income Support (Transitional) Regulations 1987⁹¹;⁹²]
"the Income Support Regulations" means the Income Support (General) Regulations 1987⁹³;
"miscellaneous accommodation costs" has the meaning assigned by paragraph 4(1);
["mortgage payment" means the aggregate of any payments which fall to be met under-

(a) Schedule 3 to the Income Support Regulations in accordance with paragraphs 6 to 10 of that Schedule (housing costs to be met in income support) on a loan which qualifies under paragraph 15 or 16 of that Schedule, but less any amount deducted under paragraph 18 of that Schedule (non-dependant deductions); or
(b) Schedule 2 to the Jobseeker's Allowance Regulations in accordance with paragraphs 6 to 9 of that Schedule (housing costs to be met in jobseeker's allowance) on a loan which qualifies under paragraph 14 or 15 of that Schedule, but less any amount deducted under paragraph 17 of that Schedule (non-dependant deductions),

as the case may be.⁹⁴]
"personal allowance for a single claimant aged not less than 25 years" means the amount specified in [paragraph 1(1)(e)⁹⁵] of column 2 of Schedule 2 to the Income Support Regulations ... or, as the case may be, paragraph 1(1)(e) of Schedule 1 to the Jobseeker's Allowance Regulations
. . . ⁹⁶
"rent" has the meaning assigned to it in the Housing Benefit Regulations and for the purposes of this Schedule-

(a) includes any water charges which are paid with or as part of the rent;
(b) where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements, and
(c) references to "rent" include references to part only of the rent;

["specified benefit" means-

(a) in respect of any period during which benefit is paid by means of an instrument of payment, income support either alone or together with any . . . ⁹⁷ incapacity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment; and
(b) in respect of any period during which benefit is paid by means of an instrument for benefit payment, income support and, where paid concurrently with income support, . . . ⁹⁷ incapacity benefit, retirement pension or severe disablement allowance⁹⁸;][and
(c) subject to sub-paragraph (2), jobseeker's allowance⁹⁹;][but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995)¹⁰⁰ and the Child Maintenance Bonus Regulations 1996¹⁰¹;]

["water charges" means charges for water or sewerage under Chapter I of Part V of the Water Industry Act 1991¹⁰²¹⁰³]
["water undertaker" means a company which has been appointed under section 11(1) of the Water Act 1989¹⁰⁴ to be the water or sewerage undertaker for any area in England and Wales.¹⁰⁵]

[(2) For the purposes of the definition of "specified benefit" in sub-paragraph (1), "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.¹⁰⁶]

General
2.-(1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of-

(a) housing costs;
(b) miscellaneous accommodation costs;
[(bb) hostel payments;¹⁰⁷]
(c) service charges for fuel, and rent not falling within head (a) above;
(d) fuel costs; . . . ¹⁰⁸
(e) water charges [; and¹⁰⁸]
[(f) payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991¹⁰⁹ and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992¹¹⁰.]

(2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary's award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.
(3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.
Housing costs
3.-(1) Subject to [sub-paragraphs (4) to (6)¹¹¹] and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount, the adjudicating authority ¹¹² may, if in its ¹¹³ opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit ("the amount deductible") calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).
(2) [Subject to sub-paragraphs (2A) and (3)¹¹⁴], the amount deductible shall be such weekly aggregate of the following as is appropriate:-

(a) in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25. . . ¹¹⁵ for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;
(b) for each such debt-

(i) in respect of mortgage payments, the weekly amount of the mortgage payment in that case; and
(ii) for any other housing item, the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the adjudicating authority¹¹² may direct that, when the debt is discharged, the amount determined under sub-paragraph (b) shall be the amount deductible.
[(2A) Where a payment falls to be made to a third party in accordance with this Schedule, and-

(a) more than one item of housing costs falls to be taken into account in determining the beneficiary's applicable amount; and
(b) in accordance with [paragraph 4(8) or (11) of¹¹⁶] [paragraph 18¹¹⁷] of Schedule 3 to the Income Support Regulations [or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker's Allowance Regulations¹¹⁸] an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula-
C x B
C x A
where-
A = housing costs;
B = this item of housing costs which falls to be paid to a third party under this Schedule;
C = the sum which is not allowed or falls to be deducted in accordance with [paragraph 4(8) or 11 or paragraph 18¹¹⁹] of Schedule 3 to the Income Support Regulations.[or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker's Allowance Regulations¹²⁰]¹²¹]
(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.
(4) Sub-paragraph (1) shall not apply to any debt which is either-

(a) in respect of mortgage payments and the beneficiary or his partner has in the preceding 12 weeks paid sums equal to [or greater than¹²²] 8 week's mortgage payments due in that period; or
(b) for any other item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item,

unless, in either case, in the opinion of the adjudicating authority¹¹² it is in the overriding interests of the family that paragraph (1) should apply.
[(5) No amount shall be paid pursuant to this paragraph in respect of mortgage interest in any case where a specified part of relevant benefits-

(a) is required to be paid directly to a qualifying lender under regulation 34A and Schedule 9A; or
(b) would have been required to be paid to a body which, or a person who, would otherwise have been a qualifying lender but for an election given under paragraph 9 of Schedule 9A not to be regarded as such.

(6) In sub-paragraph (5), "specified part" and "relevant benefits" have the meanings given to them in paragraph 1 of Schedule 9A.¹²³]
Miscellaneous accommodation costs
[4.-(1) Where an award of income support [or jobseeker's allowance¹²⁴]-

(a) is made to a person in a residential care home or nursing home as defined in regulation [ 2(1) ¹²⁵ ] of the Income Support Regulations¹²⁶[or, as the case may be, regulation 1(3) of the Jobseeker's Allowance regulations¹²⁷], or
(b) includes an amount under Schedule 4 (persons in residential care and nursing homes) or ¹²⁸ paragraph 13 (residential accommodation) or 13A (Polish resettlement) of Schedule 7 to the Income Support Regulations, [or, as the case may be, Schedule 4 (applicable amounts of persons in residential care and nursing homes) or ¹²⁸ paragraph 15 of Schedule 5 (persons in residential accommodation) to the Jobseeker's Allowance Regulations,¹²⁷]

(hereafter in this paragraph referred to as "miscellaneous accommodation costs") the adjudicating authority ¹²⁹ may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable, but, except in a case to which paragraph [13A¹³⁰] ...¹³¹ of Schedule 7 to the Income Support Regulations apply or where the accommodation is [run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided¹³²] or which provides facilities for alcoholics or drug addicts, only if the adjudicating authority¹²⁹ is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.
(2) [Subject to sub-paragraph (3), in relation to miscellaneous accommodation costs the amount¹³³] of any payment of income support [or jobseeker's allowance¹³⁴] to a third party determined [under sub-paragraph (1)¹³³] shall be-

(a) the amount of the award under paragraph 1(1)(a) of Schedule 4 to the Income Support Regulations excluding any increase under paragraph 2(2) of that Schedule [or, as the case may be, the amount of the award under paragraph 1(1)(a) of Schedule 4 to the Jobseeker's Allowance Regulations excluding any increase under paragraph 2(2) of that Schedule¹³⁴]; ¹³⁵ or
[(aa) an amount equal to the amount of any payment the beneficiary is liable to make to the local authority under section 22 of the National Assistance Act 1948¹³⁶.¹³⁷]
[(ab) in a case where the beneficiary [ is not in residential accommodation for the purposes of the Income Support Regulations or , as the case may be , for the purpose of the Jobseeker's Allowance Regulations ¹³⁸ ,] an amount equal to the amount of the award of income support [or jobseeker's allowance¹³⁴] payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary (as determined in accordance with regulation 28 of the Income Support Regulations [or, as the case may be, regulation 93 of the Jobseeker's Allowance Regulations¹³⁴]) [will equal the amount prescribed in respect of personal expenses in paragraph 13(1) of Schedule 7 to the Income Support Regulations or, as the case may be, in paragraph 15(1) of Schedule 5 or paragraph 9(1) of Schedule 5A to the Jobseeker's Allowance Regulations ¹³⁹ ;]¹⁴⁰]
(b) ¹⁴¹
(c) the amount of the award [under paragraph 13(1)(a),(b),(c) or (e),¹⁴²][ or, as the case may be, 14¹⁴³] of Schedule 7 to [the Income Support Regulations or, as the case may be, under paragraph 15(1)(a), (b), (c) or (e) of Schedule 5 to the Jobseeker's Allowance Regulations¹⁴⁴] excluding the amount allowed by those paragraphs in respect of personal expenses.

as the case may be.
[(3) In relation to miscellaneous accommodation costs-

(a) where an award of income support is calculated in accordance with Part VII of the Income Support Regulations, (calculation of income support for part-weeks) the amount of any payment of income support to a third party determined under sub-paragraph (1) shall be-

(i) where the amount is calculated under regulation 73(1) of the Income Support Regulations an amount calculated in accordance with sub-paragraph (2)(a) or ,as the case may be, (c) above, divided by 7 and multiplied by the number of days in the part-week; or
(ii) where the amount is calculated under regulation 73(2) of those Regulations, an amount calculated in accordance with regulation 73(4)(a)(i) or (b)(i) as the case may be; or

(b) where an award of jobseeker's allowance is calculated in accordance with Part XI of the Jobseeker's Allowance Regulations (part-weeks) the amount of any payment of jobseeker's allowance to a third party determined under sub-paragraph (1) shall be-

(i) where the amount is calculated under regulation 150(1) of the Jobseeker's Allowance Regulations, an amount calculated in accordance with sub-paragraph (2)(a) or, as the case may be, (c) above, divided by 7 and multiplied by the number of days in the part-week; or
(ii) where the amount is calculated under regulation 151(1) of those Regulations, an amount calculated in accordance with regulation 151 (2)(a)(i) or (b)(i) as the case may be,

and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies it would be impracticable to do so in that particular case¹⁴⁵.]
[(4) Where the amount calculated under sub-paragraph (2) or (3) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.¹⁴⁶]
[Hostel payments
4A.-(1) This paragraph applies to a beneficiary if-

(a) he has been awarded specified benefit; and
(b) he or his partner has claimed housing benefit in the form of a rent rebate or rent allowance; and
(c) he or his partner is resident in a hostel; and
(d) the charge for that hostel includes a payment, whether direct or indirect, for one or more of the following services-

(i) water;
(ii) a service charge for fuel;
(iii) meals;
(iv) laundry;
(v) cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary . . . ¹⁴⁷ has been awarded specified benefit the adjudicating authority ¹⁴⁸ may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.
(3) The amount of any payment to a third party under this paragraph shall be either-

(a) the aggregate of the amounts determined by a housing authority in accordance with the provision specified in sub-paragraph (4); or
(b) if no amount has been determined under paragraph (a) of this sub-paragraph, an amount which the [Secretary of State] estimates to be the amount which is likely to be so determined.

(4) The provisions referred to in sub-paragraph (3)(a) above are regulation 10(6) of, and paragraphs 1(a)(ii) and (iv), [1A, 2, 3 and either 5(1)(b) or 5(2) or 5(2A)¹⁴⁹] or 5(3) of Schedule 1 to, the Housing Benefit Regulations¹⁵⁰
(5) Sub-paragraph (2) above shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the adjudicating authority¹⁴⁸ is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.
[(6) Where-

(a) an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); or
(b) an award of jobseeker's allowance is calculated in accordance with regulation 150(1) of the Jobseeker's Allowance Regulations (amount of a jobseeker's allowance payable),

the amount of any payment of income support or, as the case may be, jobseeker's allowance payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.]]

Service charges for fuel, and rent not falling within paragraph 2(1)(a)
5.-(1) Subject to paragraph 8, this paragraph applies to a beneficiary if-

(a) he has been awarded the specified benefit; and
(b) he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance; and
(c) he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and-

(i) there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or
(ii) there are arrears of rent in respect of less than 8 weeks and in the opinion of the adjudicating authority ¹⁵³ it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

(2) For the purposes of sub-paragraph (1) arrears of rent do not include-

(a) the 20 per cent. of eligible rates excluded from a rent allowance under regulation 61 of the Housing Benefit Regulations (maximum housing benefit); or
(b) any amount which falls to be deducted when assessing a person's rent rebate or rent allowance under regulation 63 of those Regulations (non- dependants).

(3) Subject to sub-paragraph (4), the adjudicating authority¹⁵³ shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if-

(a) he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under regulation 10(3) of the Housing Benefit Regulations in respect of either or both of water charges or service charges for fuel; and
(b) the amount of the beneficiary's award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.
(4) Sub-paragraph (3) shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the [ Secretary of State] is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.
[(5) 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) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under-

(a) in the case of income support, 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; or
(b) in the case of jobseeker's allowance, 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.¹⁵⁴]

(6) In a case to which sub-paragraph (1) applies the adjudicating authority¹⁵³ may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less that 25 . . . ¹⁵⁵ shall be paid to his landlord until the debt is discharged.
[(7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) applies and in respect of which a determination has been made under sub-paragraph (6) the Secretary of State may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of regulation 10(3) of the Housing Benefit Regulations in respect of charges for water or service charges for fuel or both, shall be deductible.¹⁵⁶]
Fuel costs
6.-(1) Subject to sub-paragraph (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of mains gas or mains electricity [including any charges for the reconnection of gas or disconnection or reconnection of electricity¹⁵⁷] ("fuel item") to an amount not less than the rate of personal allowance for a single claimant aged not less than 25 and continues to require that fuel, the adjudicating authority ¹⁵⁸ , if in its opinion it would be in the interests of the family to do so, may determine that the amount of the award of the specified benefit ("the amount deductible") calculated in accordance with the following paragraphs shall be paid to the person or body to whom payment is due in accordance with paragraph 2(3).
(2) The amount deductible shall, in respect of any fuel item, be such weekly aggregate of the following as is appropriate:-

[(a) in respect of each debt to which sub-paragraph (1) applies ("the original debt"), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 5 per cent. of the personal allowance for a single claimant aged not less than 25¹⁵⁹;]
(b) except where current consumption is paid for by other means (for example pre-payment meter), an amount equal to the estimated average weekly cost necessary to meet the continuing needs for that fuel item, varied, when appropriate, in accordance with sub-paragraph (4)(a).

(3)¹⁶⁰
(4) Where an amount is being paid direct to a person or body on behalf of the beneficiary or his partner in accordance with a determination under sub-paragraph (1) and that determination falls to be [reviewed¹¹³]-

(a) where since the date of that determination the average weekly cost estimated for the purpose of sub-paragraph (2)(b) has either exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of the continuing needs for that fuel item the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the [Secretary of State] may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks [or such longer period as may be reasonable in the circumstances of the case¹⁶¹], be adjusted so as to take account of that credit or further debt;
(b) where an original debt in respect of any fuel item has been discharged the adjudicating authority¹⁵⁸ may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

(5) ¹⁶²
[(6) Subject to 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-paragraph (2) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under-

(a) in the case of income support, 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; or
(b) in the case of a jobseeker's allowance, 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.¹⁶³]

(7)¹⁶⁴
[Water charges
7.-(1) This paragraph does not apply where water charges are paid with 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 debt¹⁶⁵].
(2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the adjudicating authority ¹⁶⁶ may determine, subject to 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 from that undertakes, [but only if the authority¹¹³ 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.¹⁶⁷]
(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 ¹⁶⁸adjudicating authority¹⁶⁶ 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 adjudicating authority¹⁶⁶ 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 case¹⁶⁹] 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 adjudicating authority¹⁶⁶ 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; and
(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 for sewerage may be made at the same time.

[(8) Subject to paragraph 8 (maximum amount of payment to third parties), 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 equal to 25 per cent. of the applicable amount for the family as is awarded under-

[Payments in place of payments of child support maintenance
7A.-[(1) Subject to sub-paragraph (2), the adjudicating authority ¹⁷² has determined that section 43 of that Act and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (contribution to maintenance by deduction from benefit) apply in relation to a beneficiary or his partner, the adjudicating authority¹⁷² shall subject to paragraph 8, if it is satisfied that there is sufficient specified benefit in payment, determine that a weekly amount of that benefit shall be deducted by the Secretary of State for transmission to the person or persons entitled to it.¹⁷³]
(2) Not more than one deduction shall be made under [sub-paragraph (1)¹⁷⁴] in any one benefit week as defined in paragraph 4 of Schedule 7.
(3) [Subject to sub-paragraph (4),¹⁷⁵] the amount of specified benefit to be paid under this paragraph shall be the amount prescribed by regulation 28(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 for the purposes of section 43(2)(a) of the Child Support Act 1991¹⁷⁶.]
[(4) Where, apart from the provisions of this sub-paragraph, the provisions of paragraphs 8(1) and 9 would result in the maximum aggregate amount payable equalling 2 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, the amount of specified benefit to be paid under this paragraph shall be one half of the amount specified in sub-paragraph (3).¹⁷⁷]
[Arrears of child support maintenance
7B.-(1) Where a beneficiary is entitled to contribution-based jobseeker's allowance and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary's jobseeker's allowance.
(2) Where a request is made in accordance with sub-paragraph (1), the adjudicating authority¹⁷⁸ shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary's jobseeker's allowance for transmission to the person entitled to it.
(3) Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act.
(4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary's contribution-based jobseeker's allowance under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations.
(5) Where the sum that would otherwise fall to be deducted under this paragraph includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(6) In this paragraph-

"arrears notice" means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992¹⁷⁹; and
"child support maintenance" means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991.¹⁸⁰]

Maximum amount of payments to third parties
8.-(1) The maximum aggregate amount payable under [paragraphs¹⁸¹ ] 3(2)(a), 5(6), 6(2)(a) [7(3)(a) [,7(5)(a) and 7A¹⁸²]¹⁸³,]. . . ¹⁸⁴ [, and [regulation 7 of the Council Tax Regulations¹⁸⁵] and regulation 6 of the Fines Regulations] 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 [aggregate¹⁸⁶] amount payable under [paragraphs 3(2)(a), 5, 6 and 7¹⁸⁷] shall not without the consent of the beneficiary, exceed a sum equal to 25 per cent. of so much of the applicable amount for the family as is awarded under

[(a) in the case of income support, 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; or
(b) in the case of a jobseeker's allowance, 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.¹⁸⁸]

. . . ¹⁸⁹

Priority as between certain debts
[9.-(1A) Where in any one week-

(a) more than one of paragraphs 3 to 7A are applicable to the beneficiary; or
(a) one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, regulation 2 of the Community Charges Regulations, regulation 2 of the Community Charges (Scotland) Regulations, regulation 6 of the Fines Regulations and regulation 7 of the Council Tax Regulations also applies; and
(c) 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 (1B) shall apply.
(1B) The order of priorities which shall apply in sub-paragraph (1A) is-

. . . ¹⁹⁰
(a) any liability mentioned in paragraph 3 (housing costs);
(b) any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));
(c) any liability mentioned in paragraph 6 (fuel costs);
(d) any liability mentioned in paragraph 7 (water charges);
(e) any liability mentioned in regulation 2 of the Community Charges Regulations (deductions from income support), regulation 2 of the Community Charges (Scotland) Regulations (deductions from income support) or any liability mentioned in regulation 7 of the Council Tax Regulations (deductions from debtor's income support);
(f) any liability mentioned in regulation 6 of the Fines Regulations (deductions from offenders income support);
(g) any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance)¹⁹¹.]

(2) As between liability for items of housing costs liabilities in respect of mortgage payments shall have priority over all other items.
(3) As between liabilities for items of gas or electricity the ¹⁹²[Secretary 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.
(4)¹⁹³

[SCHEDULE 9A
Regulation 34A¹⁹⁴
DEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS

Interpretation
1. In this Schedule-

. . . ¹⁹⁵ "Income Support Regulations" means the Income Support (General) Regulations 1987¹⁹⁶;
["relevant benefits" means

(a) in respect of any period during which benefit is paid by means of an instrument of payment, income support either alone or together with any . . . ¹⁹⁷ incapacity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment; and
(b) in respect of any period during which benefit is paid by means of an instrument for benefit payment, income support and, where paid concurrently with income support, incapacity benefit, retirement pension or severe disablement allowance;¹⁹⁸][and
(c) income-based jobseeker's allowance;¹⁹⁹][but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the [Social Security (Child Maintenance Bonus)] Regulations 1996.²⁰⁰ ²⁰¹]]

"specified part" shall be construed in accordance with paragraph 3.

[Specified circumstances
2. The circumstances referred to in regulation 34A are that-

[(a) the amount to be met under Schedule 3 to the Income Support Regulations or, as the case may be, Schedule 2 to the Jobseeker's Allowance Regulations is determined by reference to the standard rate (whether at the full rate or a lesser rate) and, in the case of income support, to any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations,²⁰²] and
(b) the relevant benefits to which a relevant beneficiary is entitled are payable in respect of a period of 7 days or multiple of such a period.²⁰³]

Specified part of relevant benefit
3.-[(1) Subject to the following provisions of this paragraph, the part of any relevant benefits which, as determined by the adjudicating authority in accordance with regulation 34A²⁰⁴, shall be paid by the Secretary of State directly to the qualifying lender ("the specified part") is [, in the case of income support, ²⁰⁵] a sum equal to the amount of mortgage interest to be met in accordance with paragraph 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [or, in the case of jobseeker's allowance, a sum equal to the amount of mortgage interest to be met in accordance with paragraphs 6 to 9 of Schedule 2 to the Jobseeker's Allowance Regulations²⁰⁵].²⁰⁶]
(There is no longer a sub-paragraph (2) in para. 3.)
(3) Where, in determining a relevant beneficiary's applicable amount for the purposes of income support [or income-based jobseeker's allowance ²⁰⁷]-

(a) a sum in respect of housing costs is brought into account in addition to a sum in respect of mortgage interest; and
(b) in accordance with [paragraph 4(8) or (11) or paragraph 18²⁰⁸] of Schedule 3 to the Income Support Regulations [or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker's Allowance Regulations²⁰⁹] an amount is not allowed or a deduction falls to be made from the amount to be met under [either of those Schedules²⁰⁹],

then the specified part referred to in sub-paragraph (1) of this paragraph is the mortgage interest minus a sum calculated by applying the formula-

C x B
C x A

[where-
A = housing costs within the meaning of paragraph 1 of Schedule 3 to the Income Support Regulations [or, as the case may be, paragraph 1 of Schedule 2 to the Jobseeker's Allowance Regulations²¹⁰];
B = the housing costs to be met in accordance with paragraphs 6 and 8 to 10 of Schedule 3 to the Income Support Regulations (housing costs) together with an amount (if any) determined under paragraph 7 of that Schedule (transitional protection) [or, as the case may be, paragraphs 6 to 9 of Schedule 2 to the Jobseeker's Allowance Regulations²¹⁰]; and
C = the sum which is not allowed or falls to be deducted in accordance with paragraph 18 of Schedule 3 to the Income Support Regulations [or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker's Allowance Regulations²¹⁰.]²¹¹]
(4) Where a payment is being made under a policy of insurance taken out by a beneficiary to insure against the risk of his being unable to maintain repayments of mortgage interest to a qualifying lender, then the amount of any relevant benefits payable to that lender shall be reduced by a sum equivalent to so much of the amount payable under the policy of insurance as represents payments in respect of mortgage interest.
(5) ²¹²
(6)
(7)²¹³
(8) Where the amount of any relevant benefits to which a relevant beneficiary is entitled is less than the sum which would, but for this sub-paragraph, have been the specified part, then the specified part shall be the amount of any relevant benefits to which the relevant beneficiary is entitled less 10p.
Direct payment: more than one loan
4.-(1) This paragraph applies where the borrower is liable to pay mortgage interest in respect of two or more different loans.
[(2) Subject to the following provisions of this paragraph, the Secretary of State shall pay to the qualifying lender or, if there is more than one qualifying lender, to each qualifying lender-

(a) a sum equal to the mortgage interest determined by reference to paragraph 12 of Schedule 3 to the Income Support Regulations (standard rate) [or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker's Allowance Regulations²¹⁴] (standard rate) in respect of each loan made by that lender²¹⁵, . . . ²¹⁶
(b) any amount payable in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (transitional protection) attributable to the particular loan;
(c) any additional amount attributable to a particular loan which may, under paragraph 3(5), have been taken into account in calculating the specified part²¹⁷.]

(3) If, by virtue of deductions made under either paragraph 3(2) or 3(3), the specified part is less than the amount payable by the borrower in respect of mortgage interest, then the sum payable under sub-paragraph (2)(a) shall be minus such proportion of the sum subtracted under those sub-paragraphs as is attributable to the particular loan.
(4) Paragraph 3(4) shall apply to reduce the amount payable to a qualifying lender mentioned in sub-paragraph (2) above as it applies to reduce the amount of any relevant benefits payable to a qualifying lender under paragraph 3.
(5) Where the specified part is the part referred to in paragraph 3(8), the Secretary of State shall pay the specified part directly to the qualifying lenders to whom mortgage interest is payable by the borrower in order of the priority of mortgages or (in Scotland) in accordance with the preference in ranking of heritable securities.
5.²¹⁸
Time and manner of payments
6. Payments to qualifying lenders under regulation 34A and this Schedule shall be made in arrears at intervals of 4 weeks.
Fees payable by qualifying lenders
7. For the purposes of defraying the expenses of the Secretary of State in administering the making of payments under regulation 34A and this Schedule a qualifying lender shall pay to the Secretary of State a fee of [ £0.66 ²¹⁹ ] in respect of each payment made under regulation 34A and this Schedule.
Qualifying lenders
8. The following bodies and persons shall be qualifying lenders-

(a) the Housing Corporation;
(b) Housing for Wales;
(c) Scottish homes;
(d) the Development Board for Rural Wales; and
(e) any body incorporated under the Companies Act 1985²²⁰ whose main objects include the making of loans secured by a mortgage of or a charge over land or (in Scotland) by a heritable security.

Election not to be regarded as a qualifying lender
9.-(1) A body which, or a person who, would otherwise be a qualifying lender may elect not to be regarded as such for the purposes of these Regulations by giving notice of election under this paragraph to the Secretary of State in accordance with sub-paragraphs (2) and (3).
(2) Subject to sub-paragraph (3), notice of election shall be given in writing-

(a) in the case of the financial year 1992 to 1993, before 23rd May 1992 and shall take effect on that date; and
(b) in the case of any other financial year, before 1st February in the preceding year and shall take effect on 1st April following the giving of the notice.

(3) A body which, or a person who, becomes a qualifying lender during a financial year and who wishes to elect not to be regarded as such for the purposes of these Regulations shall give notice of election in writing within a period of six weeks from the date on which the person or body became a qualifying lender.
(4) Regulation 34A shall not apply to a body which, or a person who, becomes a qualifying lender during a financial year for a period of six weeks from the date on which the person or body became a qualifying lender unless, either before the start of that period or at any time during that period, the person or body notifies the Secretary of State in writing that this sub-paragraph should not apply.
(5) A body which, or a person who, has made an election under this paragraph may revoke that election by giving notice in writing to the Secretary of State before 1st February in any financial year and the revocation shall take effect on the 1st April following the giving of the notice.
(6) Where a notice under this paragraph is sent by post it shall be treated as having been given on the day it was posted.
Provision of information
10.-(1) A qualifying lender shall provide the Secretary of State with information relating to-

(a) the mortgage interest payable by a borrower;
(b) the amount of the loan;
(c) the purpose for which the loan is made;
(d) the amount outstanding on the loan on which the mortgage interest is payable;
(e) any change in the amount of interest payable by the borrower;

at the times specified in sub-paragraphs (2) and (3).
(2) [Subject to sub-paragraph (4)²²¹,] the information referred to in heads (a), (b), (c) and (d) of sub-paragraph (1) shall be provided at the request of the Secretary of State when a claim for income support [or income-based jobseeker's allowance²²²] is made and a sum in respect of mortgage interest is to be brought into account in determining the applicable amount.
(3) [Subject to sub-paragraph (4)²²¹,] the information referred to in heads (d) and (e) of sub-paragraph (1) shall be provided at the request of the Secretary of State-

(a) when a claim for income support [or income-based jobseeker's allowance²²²] ceases to be paid to a relevant beneficiary; and
(b) once every 12 months notwithstanding that, in relation to head (d), the information may already have been provided during the period of 12 months preceding the date of the Secretary of State's request.

[(4) Where a claimant or his partner is a person to whom either paragraph 1A of Schedule 3 to the Income Support (General) Regulations 1987 (housing costs) or paragraph 1A of Schedule 2 to the Jobseeker's Allowance Regulations 1996 (housing costs) refers, the information to which sub-paragraphs 92) and (3)(b) refer shall be provided at the request of the Secretary of State on the anniversary of the date on which the housing costs in respect of mortgage interest were first brought into account in determining the applicable amount of the person concerned.²²³]
Recovery of sums wrongly paid
11.-(1) Where sums have been paid to a qualifying lender under regulation 34A which ought not to have been paid for one or both of the reasons mentioned in sub-paragraph (2) of this paragraph, the qualifying lender shall, at the request of the Secretary of State, repay the sum overpaid.
(2) The reasons referred to in sub-paragraph (1) of this paragraph are-

(a) that-

(i) the rate at which the borrower pays mortgage interest has been reduced [or the rate specified in paragraph 12 of Schedule 3 to the Income Support Regulations [or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker's Allowance Regulations²²⁴] (standard rate) has been reduced²²⁵] or the amount outstanding on the loan has reduced, and
(ii) as a result of this reduction the applicable amount of the relevant beneficiary has also been reduced, but
(iii) no corresponding reduction was made to the specified part; or

(b) subject to paragraph (3), that the relevant beneficiary has ceased to be entitled to any relevant benefits.

(3) A qualifying lender shall only repay sums which ought not to have been paid for the reason mentioned in sub-paragraph (2)(b) of this paragraph if the Secretary of State has requested that lender to repay the sums within a period of 4 weeks starting with the last day on which the relevant beneficiary was entitled to any relevant benefits.]

SCHEDULE 10
Regulation 48
REVOCATIONS
(See 2001 edition for details)

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations contain provisions about the making of claims for, and the payment of, benefits under the Social Security Acts 1975-86 and the Child Benefit Act 1975. They are made before the end of the period of 12 months from the commencement of the enactments under which they are made and are therefore exempt, under section 61(5) of the Social Security Act 1986, from the requirement in section 10 of the Social Security Act 1980 to refer proposals to make the regulations to the Social Security Advisory Committee.
Part I of the Regulations contains general provisions including definitions.
Part II, with Schedules 1 to 5, contains provisions about claims for benefit. In particular, the cases in which claims are not required; the method of making a claim and the time limits for doing so; interchange with other claims; advance claims for and wards of benefit and the duration of awards and disallowance.
Part III, with Schedules 6 to 8, specifies the time when, and the method by which, benefit is to be paid. Schedule 7, which deals with income support, also contains provisions about when entitlement is to begin and when a change of circumstances is to have effect.
Part IV and Schedule 9 sets out the circumstances in which benefit may be paid to someone other than the beneficiary.
Part V is about the suspension of benefit and the extinguishment of the right to payment.
Part VI contains special provisions for mobility allowance.
Part VII and Schedule 10 contain miscellaneous provisions and revocations.

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1 Words substituted by reg. 10 of S.I. 1994/2943 as from 13.4.95.

2 Words "unemployment benefit" deleted from col. (1) and associated words deleted from col. (2) by reg. 2(19)(a) of S.I. 1996/1460 as from 7.10.96.

3 Words in col. (2) substituted by reg. 10 of S.I. 1994/2943 as from 13.4.95.

4 Words "an increase of unemployment benefit" deleted from col. (1) and associated words deleted from col. (2) by reg. 2(19)(b) of S.I. 1996/1460 as from 7.10.96.

5 Words substituted by reg. 10 of S.I. 1994/2943 as from 13.4.95.

6 Words added by reg. 8 of S.I. 1988/522 as from 11.4.88.

7 Graduated retirement benefit was paid under section 36 and 37 of the National Insurance Act 1965 which were repealed by the Social Security Act 1973 and saved by regulation 3 of the Social Security (Graduated Retirement Benefit) (No.2) Regulations 1978 (S.I. 1978/393).

8 Words substituted by reg. 10 of S.I. 1994/2943 as from 13.4.95.

9 Words inserted in col. (2) by reg. 25(a)(i) of S.I. 1991/2741 as from 3.2.92.

10 Words substituted by reg. 10 of S.I. 1994/2943 as from 13.4.95.

11 Words "Supplementary benefit" deleted from col. (2) by reg.7 of S.I. 1992/2595 as from 16.11.92.

12 Words "attendance allowance" deleted from col. (2) by reg. 25(a)(ii) of S.I. 1991/2741 as from 6.4.92.

13 Words added to Sch. 1 by reg. 14 of S.I. 1990/2208 as from 5.12.90.

14 Entries added to Sch. 1 by reg. 25(b) of S.I. 1991/2741 as from 3.2.92.

15 Entries added to Sch. 1 by reg. 25(c) of S.I. 1991/2741 as from 10.3.92.

16 S.I. 1999 No.2572,post,regns.1(2),24,25 and Sch.Pts.V and VI in relation to tax credits and to award periods commencing on or after 5 October 1999.Previously " disability working allowance " , " family credit ", " family credit " and " disability working allowance " respectively.

17 Words substituted in Sch. 1 by regs. 24 and 25 of S.I. 1999/2572 as from 5.10.99.

18 Words in Part II of Sch. 2 omitted by S.I. 1996/1803, regn.20 with effect on and after 7 April 1997.

19 Words in heading to Sch. 2, and words in para. 1(1)(b), substituted by reg. 2(20)(a) and (b)(i) respectively of S.I. 1996/1460 as from 7.10.96.

20 1971 c.80.

21 Words in para. 1(2) substituted by reg. 2(20)(b)(ii) of S.I. 1996/1460 as from 7.10.96.

22 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.14 for changes for purposes other than WFTC and DPTC.

23 Para. 1 of Sch. 4 substituted by reg. 2(22) of S.I. 1996/1460 as from 7.10.96.

24 Para 2. of Sch. 4 substituted by reg. 12 of S.I. 1994/2943 as from 13.4.95.

25 Words in col. 2 para. 2 substituted by reg. 7 of S.I. 1997/793 as from 7.4.97.

26 S.I. 1999 No.2572,post,regns.1(2),24 and Sch.Pt.V in relation to tax credits and to award periods commencing on or after 5 October 1999.Previously " family credit " .

27 Sub-para. (aa) inserted and ref. in sub-para. (b) substituted in col. (2) of para. 7 by reg. 26(a) of S.I. 1991/2741 as from 10.3.92.

28 S.I. 1999 No.2572,post,regns.1(2),25 and Sch.Pt. VI in relation to tax credits and to award periods commencing on or after 5 October 1999.Previously " disability working allowance " .

29 Sub-para. (c) inserted into para. 7 col. (2) by reg. 10 of S.I. 1991/2284 as from 1.11.91.

30 Column 2 entry for para. 8 substituted by reg. 8 by S.I. 1997/792 as from 7.4.97.

31 Col. (2) entry for para. 9 substituted by reg. 6 of S.I. 1996/2306 as from 7.10.96.

32 Para. 9A deleted by reg. 11 of S.I. 1991/2284 as from 1.11.91.

33 Words in para. 10 inserted by reg. 9 of S.I. 1988/522 as from 11.4.88.

34 Section 60 was repealed from 1st October 1986 by paragraph 5(2) of Schedule 3 to the Social Security Act 1986 .

35 1975 c.14. Section 62 was repealed from 6th April 1987 by paragraph 7 of Schedule 3 to the Social Security Act 1986 but its effect is preserved in relation to certain existing cases as mentioned in that paragraph.

36 Para. 11 added to Sch. 4 by reg. 26(b) of S.I. 1991/2741 as from 10.3.92.

37 S.I. 1999 No.2572,post,regns.1(2),25 and Sch.Pt. VI in relation to tax credits and to award periods commencing on or after 5 October 1999.Previously " disability working allowance " .

38 S.I. 1999 No.2572,post,regns.1(2),24, and Sch.Pts.V in relation to tax credits and to award periods commencing on or after 5 October 1999.Previously " family credit " .

39 Para. 1 of Sch. 6 substituted by reg. 27(a) of S.I. 1991/2741 as from 6.4.92.

40 Para. 2 omitted by S.I. 1999/2358 , regn.2(7) with effect on and after 20 September 1999.

41 S.I. 1976/409, to which there are amendments not relevant to these Regulations.

42 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.15 for changes to para.7 for purposes other than WFTC and DPTC.

43 Words inserted in para. 1 by reg. 2(6) of S.I. 1996/672 as from 4.4.96.

44 Words omitted by S.I. 1996/1460 , regn.2(24)(a) with effect on and after 7 October 1996.

45 Words in para. 2(b) substituted by reg.14(2) of S.I. 1994/2943 as from 13.4.95.

46 Words in para. 2(d) substituted by reg.10(1) of S.I. 1988/522 as from 11.4.88.

47 1971 c.80.

48 S.I.1999 No.3108, post, Sch.3 para.2(1),(7) with effect on and after 29 November 1999.

49 Para. 2A inserted by reg. 2(6) of S.I. 1989/136 as from 27.2.89.

50 Words inserted into sub-para. (1), and sub-para. (1A) inserted, by reg. 14(3) of S.I. 1994/2943 as from 13.4.95.

51 Para. 3 substituted by reg. 8(2) of S.I. 1989/1686 as from 9.10.89.

52 Para. 3A added to Sch. 7 by reg. 8(3) of S.I. 1989/1686 as from 9.10.89.

53 Words in para. 4 substituted by reg. 10(2) of S.I. 1988/522 as from 11.4.88.

54 S.I. 1987/1967.

55 Definition inserted into para. 4 by reg. 10(2)(b) of S.I. 1988/522 as from 11.4.88.

56 Words omitted by S.I. 1996/1460 , regn.2(24)(b) with effect on and after 7 October 1996.

57 Words in defn. of "relevant social security benefit" in para.4 substituted by reg. 14(4) of S.I. 1994/2943 as from 13.4.95.

58 Words in sub-para. (2) substituted by reg. 10(3)(a) of S.I. 1988/522 as from 11.4.88.

59 Sub-para. (2A) inserted by reg. 10(3)(b) of S.I. 1988/522 as from 11.4.88.

60 Words added to para. 6(3) of Sch. 7 by reg. 17(2) of S.I. 1992/247 as from 9.3.92.

61 Sub-para. (3) substituted by reg. 10(3)(c) of S.I. 1988/522 as from 11.4.88.

62 Omitted by S.I. 1998/522 , regn.10(3)(d) with effect on and after 11 April 1988.

63 Para. 6(5) substituted for para. 6(5) and (5A) by reg. 2(24)(c) of S.I. 1996/1460 as from 7.10.96.

64 1973 c.50.

65 Words inserted into para. 7(1) by art. 2 of, and Sch. to S.I. 1991/387 as from 1.4.91.

66 1990 c.35.

67 1986 c.50.

68 Para. 7(3)(dd) inserted into Sch. 7 by reg. 17(3) of S.I. 1992/247 as from 9.3.92.

69 Words inserted into para. 7(4) by reg. 8(3)(b) of S.I. 1998/1174 as from 1.6.98.

70 1975 c.14. Sub-section (1) of section 104 was substituted by paragraph 10(a) of Schedule 5 to the Social Security Act 1986 .

71 Para. 7 of Sch. 7 substituted by reg. 15 of S.I. 1990/2208 as from 5.12.90.

72 S.I. 1976/1267; relevant amending instruments is S.I. 1996/1803.

73 Para. 2(a) of Sch. 8 substituted by reg. 21 of S.I. 1996/1803 as from 7.4.97.

74 Words inserted in para. 2(b) of Sch. 8 by reg. 2(25) of S.I. 1996/1460 as from 7.10.96.

75 Words substituted in para. 2(b) of Sch. 8 by reg. 3 of S.I. 1999/2566 as from 5.9.99.

76 S.I. 1979/591, to which there are amendments not relevant to these Regulations.

77 Para. 1 re-designated as para. 1(1) by reg. 2(26)(a) of S.I. 1996/1460 as from 7.10.96.

78 Defn. "contribution-based jobseeker's allowance" inserted by reg. 25(2) of S.I. 1996/2344 as from 7.10.96.

79 Defns. of Regulations inserted in para. 1 by reg. 2(2)(a) and (b) of S.I. 1993/495 as from 1.4.93.

80 S.I. 1993/494.

81 Defns. of Regulations inserted in para. 1 by reg. 2(2)(a) and (b) of S.I. 1993/495 as from 1.4.93.

82 Defn. substituted in para. 1 by reg. 12(a) of S.I. 1991/2284 as from 1.11.91.

83 S.I. 2002 No.398, post, regns.1,2(1),(2) with effect on and after 8 April 2002. Previously " 19(3) ".

84 Relevant amending instruments are S.I. 1988/663, S.I. 1988/1445 and S.I. 1988/2022.

85 Relevant amending instrument is S.I. 1989/534.

86 1964 c.56.

87 1988 c.43.

88 Defns. "hostel" and "housing authority" inserted into para. 1 by reg. 12(b) and (c) of S.I. 1991/2284 as from 1.11.91.

89 S.I. 1987/1971.

90 Defn. of "housing costs" substituted in para. 1(1) by reg. 2(26)(a)(i) of S.I. 1996/1460 as from 7.10.96.

91 S.I. 1987/1969, amended by S.I. 1988/521 and 670.

92 Defn. of "income support" substituted by reg. 2(7)(a)(i) of S.I. 1989/136 as from 27.2.89.

93 S.I. 1987/1967.

94 Defn. of "mortgage payment" substituted in para. 1(1) by reg. 2(26)(a)(ii) of S.I. 1996/1460 as from 7.10.96.

95 Words inserted in defn. of "personal allowance ...." by reg. 2(26)(a)(iv) of S.I. 1996/1460 as from 7.10.96. Words substituted in defn. of "personal allowance" by reg. 12(f) of S.I. 1991/2284 as from 1.11.91.

96 Definition of "prisoner" omitted by S.I. 1989/136, regn.2(7)(a)(ii) with effect on and after 27 February 1989.

97 Words omitted S.I. 1996/1460 , regn.2(26)(a)(iii) with effect on and after 7 October 1996.

98 Word "and" and sub-para. (c) added to defn. of "specified benefit" by reg. 2(26)(a)(iii) of S.I. 1996/1460 as from 7.10.96.

99 Words inserted in defn. of "specified benefit" by reg. 16(2)(a) of S.I. 1996/3195 as from 7.4.97.

100 S.I. 1987/1967.

101 Defn. of "specified benefit" substituted by reg. 2(7) of S.I. 1996/672 as from 4.4.96.

102 1991 c.56.

103 Defn. of "water charges" in para. 1 of Sch. 9 substituted by reg. 8(2) of S.I. 1992/2595 as from 16.11.92.

104 1989 c.15.

105 Defn. of "water undertaker" added by reg. 12(g) of S.I. 1991/2284 as from 1.11.91.

106 Para. 1(2) inserted by reg. 2(26)(b) of S.I. 1996/1460 as from 7.10.96.

107 Para. 2(1)(bb) inserted by reg. 13 of S.I. 1991/2284 as from 1.11.91.

108 Word "and" omitted from para. 2(1)(d) and added to para. 2(1)(e) and para. 2(1)(f) inserted by S.I. 1993/478 , regn.2(a) with effect on and after 1 April 1993.

109 1991 c.48.

110 S.I. 1992/1815.

111 Words in para. 3(1) substituted by reg. 5(2)(a) of S.I. 1992/1026 as from 25.5.92 (or later-see reg. 1(4) ibid.).

112 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

113 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.16 for changes for purposes other than WFTC and DPTC.

114 Words in para. 3(2) substituted by reg. 5(2)(b) of S.I. 1992/1026 as from 25.5.92 (or later-see reg. 1(4) ibid.).

115 Words omitted by S.I. 1988/522, regn.11(2) with effect on and after 11 April 1988.

116 Words inserted in para. 3(2A)(b) by reg. 3 of S.I. 1995/2927 as from 12.12.95.

117 Words in para. 3(2A) substituted for refs. to para. 10 and 11 by para. 3 of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

118 Words inserted in para. 3(2A) by reg. 2(26)(c) of S.I. 1996/1460 as from 7.10.96.

119 See note (a) above.

120 See note (b) above.

121 Para. 3(2A) inserted by reg. 5(2)(c) of S.I. 1992/1026 as from 25.5.92 (or later-see reg. 1(4). ibid.).

122 Words in para. 3(4)(a) of Sch. 9 inserted by reg. 8(3) of S.I. 1992/2595 as from 16.11.92.

123 Para. 3(5) and (6) inserted by reg. 5(2)(c) of S.I. 1992/1026 as from 25.5.92 (or later-see reg. 1(4) ibid.).

124 Words inserted in para. 4(1) by reg. 2(26)(d)(i), (ii) and (iii) of S.I. 1996/1460 as from 7.10.96.

125 S.I.2002 No.398, post, regns.1,2(1),(3)(a) ( i ) with effect on and after 8 April 2002. Previously " 19(3) ".

126 See regulation 2(1)

127 Words in para. 4(1) substituted by para. 8(1) of Sch. 1 to S.I. 1992/3147 as from 1.4.93.

128 Words omitted by S.I. 2002 No.398, post, regns.1,2(1),(3)(a)(ii) with effect on and after 8 April 2002.

129 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

130 Reference substituted in para. 4(1) by reg. 14(a) of S.I. 1991/2284 as from 1.11.91.

131 Words deleted from para. 4(1) by reg 9(2)(a) of S.I. 1989/1686 as from 9.10.89.

132 Words substituted in para. 4(1) by reg. 2(7)(b)(i)(bb) of S.I. 1989/136 as from 27.2.89.

133 Words substituted in para. 4(2) by reg. 2(7)(b)(ii) of S.I. 1989/136 as from 27.2.89.

134 Words inserted in para. 4(2) by reg. 2(26)(d)(iv)-(vi) of S.I. 1996/1460 as from 7.10.96.

135 Omitted by S.I. 2002 No.398, post, regns.1,2(1),(3)(b) ( i ) with effect on and after 8 April 2002.

136 1948 c.29; section 22 is extended by the Local Authority Social Services Act 1970 (c.42), s.2(1), Schedule 1; in Scotland subsection (1) was repealed and subsections (2) to (9) applied with modifications by the Social Work (Scotland) Act 1968 (c.49) section 87(3) and (4) and Schedule 9, Part I; section 22 is further amended by section 44(1) to (6) and Schedule 10 to the National Health Service and Community Care Act 1990 (c.19).

137 Para. 4(2)(aa) inserted by para. 8(2) of Sch. 1 to S.I. 1992/3147 as from 1.4.93.

138 S.I. 2002 No.398, post, regns.1,2(1),(3)(b)(ii)(aa) with effect on and after 8 April 2002.Previously " does not have a preserved right within the meaning of regulation 19 of the Income Support Regulations and is not liable to make a payment to a local authority under section 22 of the National Assistance Act 1948 ".

139 S.I. 2002 No.398, post, regns.1, 2(1),(3)(b)(ii)(bb) with effect on and after 8 April 2002. Previously " will equal the aggregate of the amounts- (i) prescribed by paragraph 13 of Schedule 4 to the Income Support Regulations [or, as the case may be, paragraph 11 of Schedule 4 to the Jobseeker's Allowance Regulations(ax)]; and (ii) where the charge for the accommodation does not include the provision of all meals, an amount calculated under paragraph 2(2)(b) of [whichever of those Schedules is applicable(bx).]".
(ax) Words substituted in para. 4(2)(ab)(ii) by reg. 2(26)(d)(vi)(c) of S.I. 1996/1460 as from 7.10.96.
(bx) Words substituted in para. 4(2)(ab)(ii) by reg. 2(26)(d)(vi)(d) of S.I. 1996/1460 as from 7.10.96.

140 Para 4(2)(ab) inserted by reg. 3(10) of S.I. 1993/2113 as from 27.9.93.

141 Omitted by S.I. 1989/1686 , regn.9(2)(b)( i ) with effect on and after 9 October 1989..

142 Words substituted in para. 4(2)(c) by reg. 2(7)(b)(ii) of S.I. 1989/136 as from 27.2.89.

143 Words substituted in para. 4(2)(c) by reg. 9(2)(b)(ii) of S.I. 1989/1686 as from 9.10.89.

144 Words substituted in para. 4(2)(c) by reg. 2(26)(d)(vii) of S.I. 1996/1460 as from 7.10.96.

145 Para. 4(3) substituted by reg. 2(26)(d)(viii) of S.I. 1996/1460 as from 7.10.96.

146 Para. 4(4) added by reg. 2(7)(b)(iii) of S.I. 1989/136 as from 27.2.89.

147 Words omitted by S.I. 1992/2595 , regn.8(4)(a) with effect on and after 16 November 1992.

148 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

149 Words in para. 4A(4) of Sch. 9 substituted by reg. 8(4)(b) of S.I. 1992/2595 as from 16.11.92.

150 S.I. 1987/1971. Relevant amending instruments are S.I. 1988/1444 and 1990/546.

151 Para. 4A(6) substituted by reg. 2(26)(e) of S.I. 1996/1460 as from 7.10.96.

152 Para. 4A inserted by reg. 15 of S.I. 1991/2284 as from 1.11.91.

153 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

154 Para. 5(5) substituted by reg. 2(26)(f) of S.I. 1996/1460 as from 7.10.96.

155 Words omitted by S.I. 1991/2284 , regn.16 with effect on and after 1 November 1992.

156 Para. 5(7) of Sch. 9 added by reg. 8(5) of S.I. 1992/2595 as from 16.11.92. Under reg. 1(2) ibid., "Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987.

157 Words in para. 6(1) substituted by reg. 7(2) of S.I. 1994/2319 as from 3.1.0.94.

158 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

159 Para. 6(2)(a) substituted by reg. 17(a) of S.I. 1991/2284 as from 1.11.91.

160 Omitted by S.I. 1991/2284 , regn.17(b) with effect on and after 1 November 1991.

161 Words in para. 6(4)(a) of Sch. 9 inserted by reg. 8(6) of S.I. 1992/2595 as from 16.11.92.

162 Para. 6(5) omitted by S.I. 1991/2284 ,regn.17(b) with effect on and after 1 November 1991.

163 Para. 6(6) substituted by reg. 2(26)(g) of S.I. 1996/1460 as from 7.10.96.

164 Para. 6(7) omitted by S.I. 1991/2284 , regn.17(b) with effect on and after 1 November 1991.

165 Words in para. 7(1) substituted by reg. 7(3) of S.I. 1994/2319 as from 3.10.94.

166 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

167 Words in para. 7(2) of Sch. 9 substituted by reg. 8(7)(a) of S.I. 1992/2595 as from 16.11.92.

168 See note (a).

169 Words in para. 7(4) of Sch. 9 inserted by reg. 8(7)(b) of S.I. 1992/2595 as from 16.11.92.

170 Para. 7(8) substituted by reg. 2(26)(h) of S.I. 1996/1460 as from 7.10.96.

171 Para. 7 substituted by reg. 18 of S.I. 1991/2284 as from 1.11.91.

172 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

173 Para. 7A(1) substituted by reg. 3(11) of S.I. 1993/2113 as from 27.9.93. Words substituted in para. 7A(1) by art. 4 of S.I. 1999/1510 as from 1.6.99.

174 Words in para. 7A(2) substituted by reg. 3(12) of S.I. 1993/2113 as from 27.9.93.

175 Words inserted and words deleted in para. 7A(3) by reg. 5(2)(a) and (b) respectively of S.I. 1996/481 as from 8.4.96.

176 Para. 7A inserted by reg. 2(b) of S.I. 1993/478 as from 1.4.93.

177 Para. 7A(4) added by reg. 5(3) of S.I. 1996/481 as from 8.4.96.

178 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.1 - words "adjudicating authority" replaced for purposes other than WFTC and DPTC by "Secretary of State".

179 S.I. 1992/1816.

180 Para. 7B inserted by reg. 25(3) of S.I. 1996/2344 as from 7.10.96.

181 Words substituted in para. 8(1) by reg. 6 of S.I. 1996/481 as from 8.4.96.

182 Words substituted in para. 8(1) by reg. 2(3)(a) & (b) of S.I. 1993/495 as from 1.4.93.

183 Reference substituted in para. 8(1) by reg. 19(a) of S.I. 1991/2284 as from 1.11.91.

184 Words omitted by S.I. 1997/827 , regn.7(2)(a) with effect on and after 7 April 1997.

185 Words in para. 8(1) substituted by reg. 7(4) of S.I. 1994/2319 as from 3.10.94.

186 Words inserted into para. 8(2) by reg. 16(3)(a) of S.I. 1990/2208 as from 5.12.90.

187 Words substituted in para. 8(2) by reg. 19(b) of S.I. 1991/2284 as from 1.11.91.

188 Heads (a) and (b) substituted for words in para. 8(2) by reg. 2(26)(j) of S.I. 1996/1460 as from 7.10.96.

189 Para. 8(3) omitted by S.I. 1997/827, regn.7(2)(b) with effect on and after 7 April 1997.

190 Head (za) omitted S.I. 1997/827, regn.7(2)(d) with effect on and after 7 April 1997.

191 Para. 9(1A) and (1B) substituted for reg. 9(1) by reg. 2(4) of S.I. 1993/495 as from 1.4.93.

192 Words substituted in para. 9(3) by para. 12(a) of Sch. 3 to S.I. 1999/2860 as from 18.10.99.

193 Subs. (4) omitted by S.I. 1991/2284 ,regn.20 with effect on and after 1 November 1991.

194 Sch. 9A inserted by reg. 6 of S.I. 1992/1026 as from 29.4.92 (paras. 1 and 9) and as from 25.5.92 (all other paras.).

195 Words omitted by S.I. 1997/827, regn. 7(3)(a) with effect on and after 7 April 1997.

196 S.I. 1987/1967.

197 Words omitted by S.I. 1996/1460 , regn.27(2)(a)(ii) with effect on and after 7 October 1996..

198 Defn. of "relevant benefits" substituted by reg. 2(8)(a) of S.I. 1996/672 as from 4.4.96.

199 Words added to defn. of "relevant benefits" by reg. 16(2)(b) of S.I. 1996/3195 as from 7.4.97.

200 Word and sub-para (c) inserted, in defn. of "relevant benefits" in para. 1 by reg. 2(27)(a)(ii) of S.I. 1996/1460 as from 7.10.96.

201 Words inserted in this addition by reg. 8(10) of S.I. 1997/454 as from 6.4.97.

202 Para. 2(a) substituted by reg. 2(27)(b) of S.I. 1996/1460 as from 7.10.96.

203 Para. 2 substituted by para. 6 of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

204 See S.I.1999 No.3178(C.81) art.3(1),(6) and Sch.6 para.17 for changes for purposes other than WFTC and DPTC.

205 Words inserted in para. 3(1) by reg. 2(27)(c)(i) of S.I. 1996/1460 as from 7.10.96.

206 Sub-para. (1) of para. 3 substituted for sub-paras. (1) and (2) by para. 7(a) of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

207 Words inserted in para. 3(3) by reg. 2(27)(c)(ii)(a) of S.I. 1996/1460 as from 7.10.96.

208 Words substituted in para. 3(3)(b) by para. 7(b)(i) of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

209 Words inserted and words substituted in para. 3(3)(b) by reg. 2(27)(c)(ii)(b) of S.I. 1996/1460 as from 7.10.96.

210 Words added in Defns. of "A", "B" and "C" in para. 3(3) by reg. 2(27)(c)(ii)(c)-(e) of S.I. 1996/1460 as from 7.10.96.

211 Words substituted in para. 3(3) by para. 7(b)(ii) of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

212 Sub-paras. (5) and (6) omitted by S.I. 1997/827 , regn.7(3)(b) with effect on and after 7 April 1997.

213 Para. 3(7) omitted by S.I. 1995/1613 , Sch.2 para.7(d) with effect on and after 2 October 1995.

214 Words inserted in para. 4(2)(a) by reg. 2(27)(d) of S.I. 1996/1460 as from 7.10.96.

215 Words deleted in para. 4(2)(a) and (b) by reg. 7(3)(c) of S.I. 1997/827 as from 7.4.97.

216 Words omitted by S.I. 1997/827, regn.7(3)( c ) with effect on and after 7 April 1997.

217 Para. 4(2) substituted by para. 8 of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

218 Para. 5 omitted by S.I 1996/672 , regn.2(8)(b) with effect on and after 4 April 1996.

219 S.I. 2002 No.355,post,regns.1,2 with effect on and after 1 April 2002. Previously " £.0.54 ".

220 1985 c.6.

221 Words inserted in para. 10(2) and 10(3) by reg. 5(2)(a) of S.I. 1997/2305 as from 22.10.97.

222 Words inserted in para. 10(2) and 10(3)(a) by reg. 2(27)(e)(i) and (ii) of S.I. 1996/1460 as from 7.10.96.

223 Sub para 10(4) inserted by reg. 5(2)(b) of S.I. 1997/2305 as from 22.10.97.

224 Words inserted in para. 11(2)(a)(i) by reg. 2(27)(f) of S.I. 1996/1460 as from 7.10.96.

225 Words inserted in sub-para. 2(a)(i) of para. 11 by para. 9 of Sch. 2 to S.I. 1995/1613 as from 2.10.95.

In this section