deduction from UC for a fine

CPAG handbook page 1209 says the amount of deduction for a fine is 5% of standard allowance, or more, subject to maximum of £108.35 p month.

This is echoed in the ADM guidance specifically chapter D2.
https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide
which repeats 5% min. up to max of 40%.

The magistrates court leaflet also says this: “...for Universal Credit only, the deduction can be up to £25 each week (equates to £108.35 p. month)

We have person where the £108.35 is being deducted and the DWP reply says “there is no functionality to reduce these change this and they are set so they take up to a maximum of 40% of the claimant’s standard allowance”.

Does this maximum amount have to be applied? If so why?  Is it non negotiable?

Is there any criteria about what determines the level between the min and the max?

Thank you very much

The maximum is a maximum and, as such, does not need to be applied. As you point out, the DWP have a discretion to apply a deduction of anything between 5% and £108.35.

Setting the level of the deduction is essentially a matter for the DWP and there are no specific criteria as such which need to be considered although general debt management good practice can be invoked - i.e. if you can produce a financial statement illustrating that the given figure is not affordable in view of necessary expenses and suggesting one which would be, the DWP should follow this unless they have a good reason not to.

I can’t really make sense of the quote you gave without context.

I read the quote to mean ‘computer says no’...

Any update on this?

I would contact:

DWP Debt Management contact centre
Telephone: 0345 850 0293
Textphone: 0345 604 6697
Calling from abroad: +44 (0)161 904 1233
Monday to Friday, 8am to 7:30pm
Saturday, 9am to 4pm
Find out about call charges

And see if they can reduce it.