§ Mr. SillarsTo ask the Secretary of State for Social Security if he will place in the Library a copy of the memorandum from his Department to which reference is made in theEvening Times article of 10 April, a copy of which has been sent to him.
§ Mr. Peter LloydNo. The document referred to was only interim advice. Full instructions to local offices will be issued in the near future and I will arrange for a copy of these to be placed in the Library.
§ Mr. SillarsTo ask the Secretary of State for Social Security whether under S.I. No. 507 (S.59) any deduction for poll tax payments from persons on income support can be made by his Department without its first having received a specific request, naming an individual or couple, from the levying authority.
§ Mr. Peter LloydNo. The levying authority must first have obtained a summary warrant in respect of the debt.
§ Mr. SillarsTo ask the Secretary of State for Social Security what is his policy on imposing deductions of poll tax payments from persons on income support before appeals have been dealt with by a tribunal.
§ Mr. Peter LloydIf an appeal is made, deductions will continue pending the tribunal's decision.
§ Mr. SillarsTo ask the Secretary of State for Social Security whether the spokeswoman referred to in the article printed in theEvening Times, a copy of which has been sent to him, had his authority to state that a person on income support could be left with 10p of an income due to deductions arising from non-payment of the poll tax; and if he will provide an example of how this can happen.
§ Mr. Peter LloydThe provision for 10p to remain in payment is in regulation 2 of the Community Charges (Deductions from Income Support) (Scotland) Regulations (SI 1989 No. 507) and derives from the740W provision in paragraph 2 of schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (SI 1987 No. 1968) dealing with other deductions from income support for debts to third parties. Its purpose is to avoid extinguishment of entitlement. For example, the deduction for a single person will be £1.75p a week. If the person's income support is less than £1.85p per week because of other income, the deduction for community charge arrears could not be made.
§ Mr. SillarsTo ask the Secretary of State for Social Security what is the maximum weekly deduction for non-payment of the poll tax from(a) a single person aged 18 years, (b) a single person aged 25 years, and (c) a married couple, all receiving full income support and without savings, and assuming they have no other deductions for housing and fuel.
§ Mr. Peter LloydThe information requested is as follows
(a) and (b) £1.75p a week; (c) £2.75p a week if both partners are debtors to the levying authority.
§ Mr. SillarsTo ask the Secretary of State for Social Security whether the powers of his Department to deduct sums from income support where the recipient has failed to pay his or her poll tax are subject to a time to pay direction under the Debtor (Scotland) Act 1987.
§ Mr. Peter LloydNo. In terms of the Debtors (Scotland) Act 1987 (as amended by the Abolition of Domestic Rates Etc. (Scotland) Act 1987) section 1(5)(ee), the court cannot make a time direction in an action by or on behalf of a levying authority for the payment of any community charge.