The Council Tax Reduction (Scotland) Regulations 2021

Work-related activity and support components

18.—(1) Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—

(a) the applicant or the applicant’s partner has made a claim for employment and support allowance,

(b) the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity, and

(c) either—

(i) the assessment phase as defined in section 24(2) of the 2007 Act has ended, or

(ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply)(1) applies.

(2) In this Part—

(a) “limited capability for work”—

(i) in the case of an applicant who has an award of universal credit, has the meaning given to it in regulation 39 of the 2013 Regulations,

(ii) in all other cases, has the meaning given to it in section 1(4) of the 2007 Act,

(b) “limited capability for work-related activity”—

(i) in the case of an applicant who has an award of universal credit, has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations,

(ii) in all other cases, has the meaning given to it in section 2(5) of the 2007 Act.

(1)

Regulation 7 was amended by S.I. 2008/3051, S.I. 2010/840, S.I. 2012/874, S.I. 2012/913, S.I. 2012/919, S.I. 2017/204 and S.I. 2017/581.