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Prospective
Scottish Statutory Instruments
Council Tax
Made
21st February 2017
Laid before the Scottish Parliament
23rd February 2017
Coming into force
1st April 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 80 and 113(1) and (2) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992(1) and all other powers enabling them to do so.
Prospective
1. These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment Regulations 2017 and come into force on 1st April 2017.
Commencement Information
I1Reg. 1 in force at 1.4.2017, see reg. 1
2. The Council Tax Reduction (Scotland) Regulations 2012(2) are amended as follows.
Commencement Information
I2Reg. 2 in force at 1.4.2017, see reg. 1
3. In regulation 2 (interpretation), in paragraph (1) after the definition of “independent hospital” insert—
““infected blood payment scheme” means a scheme established by, or under arrangements made with, the Scottish Ministers, the Secretary of State, the Welsh Ministers or the Department of Health in Northern Ireland for making ex gratia payments to or in respect of persons who have acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service;”.
Commencement Information
I3Reg. 3 in force at 1.4.2017, see reg. 1
4. In regulation 23 (applicable amount: persons who have an award of universal credit)—
(a)in paragraph (1), for “adjustment” substitute “adjustments”; and
(b)for paragraph (2A), substitute—
“(2A) The adjustments referred to in paragraph (1) are—
(a)to multiply the maximum amount by 12 and divide the product by 52; and
(b)to add to the weekly applicable amount the sum of £16.73 in respect of each child or young person who is a member of the applicant’s family.”.
Commencement Information
I4Reg. 4 in force at 1.4.2017, see reg. 1
5. In regulation 41 (notional income), in paragraph (4)(a) after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I5Reg. 5 in force at 1.4.2017, see reg. 1
6. In regulation 45 (income treated as capital), in paragraph (6) after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I6Reg. 6 in force at 1.4.2017, see reg. 1
7. In regulation 48 (notional capital), in paragraph (4)(a) after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I7Reg. 7 in force at 1.4.2017, see reg. 1
8. In regulation 67 (non-dependant deductions)—
(a)in paragraph (1)—
(i)in sub-paragraph (a), for “£11.80” substitute “£11.90”; and
(ii)in sub-paragraph (b), for “£3.90” substitute “£3.95”;
(b)in paragraph (2)—
(i)in sub-paragraph (a), for “£195.00” substitute “£200.00”; and
(ii)for sub-paragraphs (b) and (c), substitute—
“(b)not less than £200.00 but less than £346.00, the deduction to be made is £7.85 x 1/7; or
(c)not less than £346.00 but less than £430.00, the deduction to be made is £9.95 x 1/7.”; and
(c)in paragraph (9)(b), after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I8Reg. 8 in force at 1.4.2017, see reg. 1
9. In regulation 86 (evidence and information), in paragraph (3)(a)(ii) after “Foundation” insert “, another infected blood payment scheme”.
Commencement Information
I9Reg. 9 in force at 1.4.2017, see reg. 1
10. In schedule 1 (applicable amount)—
(a)in paragraph 17 (amounts of disability premiums)—
(i)for “£32.25”, substitute “£32.55”;
(ii)for “£45.95”, substitute “£46.40”;
(iii)for “£61.85” in both places where it occurs, substitute “£62.45”;
(iv)for “£123.70”, substitute “£124.90”;
(v)for “£60.06”, substitute “£60.90”;
(vi)for “£34.60”, substitute “£34.95”;
(vii)for “£24.43”, substitute “£24.78”;
(viii)for “£15.75”, substitute “£15.90”; and
(ix)for “£22.60”, substitute “£22.85”; and
(b)in paragraph 24 (amount of the support component), for “£36.20” substitute “£36.55”.
Commencement Information
I10Reg. 10 in force at 1.4.2017, see reg. 1
11. In schedule 2 (amount of alternative maximum council tax reduction)—
(a)in paragraph 1—
(i)for “£191.00” in both places where it occurs, substitute “£196.00”; and
(ii)for “£249.00”, substitute “£255.00”; and
(b)in paragraph 2(b), after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I11Reg. 11 in force at 1.4.2017, see reg. 1
12. In schedule 4 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—
(a)in sub-paragraph (1), after “Foundation,” insert “another infected blood payment scheme,”; and
(b)in sub-paragraph (7), after “Foundation,” insert “any other infected blood payment scheme,”.
Commencement Information
I12Reg. 12 in force at 1.4.2017, see reg. 1
13. In schedule 5 (capital to be disregarded), in paragraph 38 after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I13Reg. 13 in force at 1.4.2017, see reg. 1
14. The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012(3) are amended as follows.
Commencement Information
I14Reg. 14 in force at 1.4.2017, see reg. 1
15. In regulation 2 (interpretation), in paragraph (1) after the definition of “independent hospital” insert—
““infected blood payment scheme” means a scheme established by, or under arrangements made with, the Scottish Ministers, the Secretary of State, the Welsh Ministers or the Department of Health in Northern Ireland for making ex gratia payments to or in respect of persons who have acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service;”.
Commencement Information
I15Reg. 15 in force at 1.4.2017, see reg. 1
16. In regulation 48 (non-dependant deductions)—
(a)in paragraph (1)—
(i)in sub-paragraph (a), for “£11.80” substitute “£11.90”; and
(ii)in sub-paragraph (b), for “£3.90” substitute “£3.95”;
(b)in paragraph (2)—
(i)in sub-paragraph (a), for “£195.00” substitute “£200.00”; and
(ii)for sub-paragraphs (b) and (c), substitute—
“(b)not less than £200.00 but less than £346.00, the deduction to be made is £7.85 x 1/7; and
(c)not less than £346.00 but less than £430.00, the deduction to be made is £9.95 x 1/7.”; and
(c)in paragraph (9)(b), after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I16Reg. 16 in force at 1.4.2017, see reg. 1
17. In regulation 66 (evidence and information), in paragraph (3)(a) after “Foundation” insert “, another infected blood payment scheme”.
Commencement Information
I17Reg. 17 in force at 1.4.2017, see reg. 1
18. In schedule 1 (applicable amount)—
(a)in paragraph 2 (personal allowances)—
(i)for “£155.60”, substitute “£159.35”;
(ii)for “£168.70”, substitute “£172.55”;
(iii)for “£237.55” in both places where it occurs, substitute “£243.25”;
(iv)for “£252.30” in both places where it occurs, substitute “£258.15”;
(v)for “£81.95”, substitute “£83.90”; and
(vi)for “£83.60”, substitute “£85.60”; and
(b)in paragraph 13 (amount of disability premium)—
(i)for “£61.85” in both places where it occurs, substitute “£62.45”;
(ii)for “£123.70”, substitute “£124.90”;
(iii)for “£24.43”, substitute “£24.78”;
(iv)for “£60.06”, substitute “£60.90”; and
(v)for “£34.60”, substitute “£34.95”.
Commencement Information
I18Reg. 18 in force at 1.4.2017, see reg. 1
19. In schedule 4 (capital disregards), in paragraph 16—
(a)in sub-paragraph (1)(a), after “Foundation” insert “, another infected blood payment scheme”;
(b)in sub-paragraph (7), after “Foundation” insert “, another infected blood payment scheme”; and
(c)in sub-paragraph (8), after “Foundation” insert “, any other infected blood payment scheme”.
Commencement Information
I19Reg. 19 in force at 1.4.2017, see reg. 1
20. In schedule 5 (amount of alternative maximum council tax reduction)—
(a)in paragraph 1—
(i)for “£191.00” in both places where it occurs, substitute “£196.00”; and
(ii)for “£249.00”, substitute “£255.00”; and
(b)in paragraph 2(b), after “Foundation,” insert “another infected blood payment scheme,”.
Commencement Information
I20Reg. 20 in force at 1.4.2017, see reg. 1
DEREK MACKAY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
21st February 2017
Prospective
(This note is not part of the Regulations)
These Regulations amend the Council Tax Reduction (Scotland) Regulations 2012 (“the 2012 Regulations”) in the following respects.
The 2012 Regulations presently make provision in relation to the manner of dealing with payments received by, or in respect of, a person who acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service. These Regulations make amendments to reflect that such payments may in future be made out of schemes additional to those specifically listed in the 2012 Regulations (regulations 3, 5 to 7, 8(c), 9, 11(b), 12 and 13).
Regulation 4 adjusts the child premium taken into account in the case of recipients of universal credit.
Regulations 8(a) and (b), 10 and 11(a) uprate figures used to calculate the amount of council tax reduction that an applicant is entitled to receive.
Regulations 15 to 20 amend the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 in the same manner as the 2012 Regulations are amended by regulations 3 and 5 to 13.
1992 c.14. Section 80 was amended by paragraph 176 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). There are other amendments to section 80 and section 113(1) that are not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
S.S.I. 2012/303; relevant amending instruments are S.S.I. 2013/48, S.S.I. 2013/142, S.S.I. 2013/287, S.S.I. 2015/46 and S.S.I. 2016/81.
S.S.I. 2012/319; relevant amending instruments are S.S.I. 2013/49, S.S.I. 2013/142, S.S.I. 2015/46 and S.S.I. 2016/81.