The Social Security (Further Methods of Recovery) Regulations 2026
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Change 1
28 Amounts to be taken into account or disregarded in calculating the amount of deductions
(1) When determining the amount to be deducted under a lump sum direct deduction order or a regular direct deduction order, the Secretary of State must consider the amount standing to the credit of the account, and any amount which is or is likely to be paid into the account. (2) In determining the amount to be deducted under a lump sum direct deduction order, the Secretary of State must disregard any amount standing to the credit of the account which the Secretary of State has identified and considers— (a) is of the kind set out in paragraph (4) and— (i) was paid into the account (or otherwise to the account holder) in the 3 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (ii) has been retained by the account holder so that it may be used for the purpose for which it was paid, (b) is of the kind set out in paragraph (5) and— (i) was paid into the account (or otherwise to the account holder) in the 12 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (ii) has been retained by the account holder so that it may be used for the purpose for which it was paid, or (c) is an amount attributable to the proceeds of the sale of premises formerly occupied by an account holder as their home and which— (i) stands to the credit of the account, (ii) was paid into the account (or otherwise to the account holder) in the 6 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (iii) has been retained by the account holder for the purpose of purchasing a property, which the account holder will use as their primary residence, within 6 months beginning with the day the amount was paid to the account holder. (3) In determining the amount which is likely to be available to be deducted under a regular direct deduction order, the Secretary of State must disregard any payment of the kind set out in paragraph (4) or (5) which the Secretary of State has identified was previously paid into the account, or otherwise considers is likely to be paid into the account during the period of the regular direct deduction order. (4) The payments under this paragraph are— (a) a part or the whole of a sum awarded to a person, or agreed by or on behalf of a person, in consequence of a personal injury to that person except for any part of the sum which is in lieu of lost earnings or lost earning capacity, (b) of the kind which is disregarded by the Secretary of State under regulation 76 of the Universal Credit Regulations 2013, and (c) social security assistance, of the kind set out in Part 2, Chapter 2 of the Social Security (Scotland) Act 2018, provided by the Scottish Ministers. (5) The payments under this paragraph are— (a) child benefit within the meaning in section 141 of the Social Security Contributions and Benefits Act 1992, (b) monies paid by a non-resident parent to a resident parent for the sole purpose of providing for the maintenance of a child, whether or not paid under the Child Support Act 1991, and (c) a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 paid in respect of any child. (6) Nothing in this regulation prevents the Secretary of State from considering the kinds of payments described in paragraphs (4) and (5) when determining whether a deduction would cause a person hardship in meeting essential living expenses, whether deductions would be fair in all the circumstances, or in carrying out an assessment of the liable person’s beneficial interest under paragraph 4 of Schedule 3ZA (joint accounts).
28 Amounts to be taken into account or disregarded in calculating the amount of deductions
(1) When determining the amount to be deducted under a lump sum direct deduction order or a regular direct deduction order, the Secretary of State must consider the amount standing to the credit of the account, and any amount which is or is likely to be paid into the account. (2) In determining the amount to be deducted under a lump sum direct deduction order, the Secretary of State must disregard any amount standing to the credit of the account which the Secretary of State has identified and considers— (a) is of the kind set out in paragraph (4) and— (i) was paid into the account (or otherwise to the account holder) in the 3 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (ii) has been retained by the account holder so that it may be used for the purpose for which it was paid, (b) is of the kind set out in paragraph (5) and— (i) was paid into the account (or otherwise to the account holder) in the 12 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (ii) has been retained by the account holder so that it may be used for the purpose for which it was paid, or (c) is an amount attributable to the proceeds of the sale of premises formerly occupied by an account holder as their home and which— (i) stands to the credit of the account, (ii) was paid into the account (or otherwise to the account holder) in the 6 months ending immediately before the Secretary of State determines or varies the amount to be deducted, and (iii) has been retained by the account holder for the purpose of purchasing a property, which the account holder will use as their primary residence, within 6 months beginning with the day the amount was paid to the account holder. (3) In determining the amount which is likely to be available to be deducted under a regular direct deduction order, the Secretary of State must disregard any payment of the kind set out in paragraph (4) or (5) which the Secretary of State has identified was previously paid into the account, or otherwise considers is likely to be paid into the account during the period of the regular direct deduction order. (4) The payments under this paragraph are— (a) a part or the whole of a sum awarded to a person, or agreed by or on behalf of a person, in consequence of a personal injury to that person except for any part of the sum which is in lieu of lost earnings or lost earning capacity, (b) of the kind which is disregarded by the Secretary of State under regulation 76 of the Universal Credit Regulations 2013, and (c) social security assistance, of the kind set out in Part 2, Chapter 2 of the Social Security (Scotland) Act 2018, provided by the Scottish Ministers. (5) The payments under this paragraph are— (a) child benefit within the meaning in section 141 of the Social Security Contributions and Benefits Act 1992, (b) monies paid by a non-resident parent to a resident parent for the sole purpose of providing for the maintenance of a child, whether or not paid under the Child Support Act 1991, and (c) a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 paid in respect of any child. (6) Nothing in this regulation prevents the Secretary of State from considering the kinds of payments described in paragraphs (4) and (5) when determining whether a deduction would cause a person hardship in meeting essential living expenses, whether deductions would be fair in all the circumstances, or in carrying out an assessment of the liable person’s beneficial interest under paragraph 4 of Schedule 3ZA (joint accounts).
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