The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022

Amendment of the Council Tax Reduction (Scotland) Regulations 2012

13.—(1) The Council Tax Reduction (Scotland) Regulations 2012(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2 (interpretation) after the definition of “adoption leave” insert—

““adult disability payment” means—

(a)

disability assistance for adults given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022(2) (and references to the daily living component and the mobility component of that payment are to be construed in accordance with regulation 2 of those Regulations), and

(b)

where short-term assistance is being given under Part 1 of schedule 2 (short-term assistance) of those Regulations, the “earlier determination” referred to in paragraph 1(1)(a) of that schedule is to be deemed to continue in payment for the purposes of these Regulations,”.

(3) In regulation 28 (treatment of child care charges)—

(a) after paragraph (11)(f)(v) insert—

“(va) adult disability payment,”,

(b) in paragraph (14)(a) after “child disability payment” insert “, adult disability payment”.

(4) In regulation 67 (non-dependant deductions)—

(a) in paragraph (6)(b)—

(i) at the end of head (iia) omit “or”,

(ii) after head (iia) insert—

“(iib) the daily living component of adult disability payment, or”,

(b) in paragraph (9)(a) after “child disability payment” insert “, adult disability payment”.

(5) In Part 3 of schedule 1 (disability premiums)—

(a) in paragraph 8(2), after “the care component of child disability payment at the highest or middle rate” insert “, the daily living component of adult disability payment at the standard or enhanced rate”,

(b) in paragraph 10(1)(a)—

(i) in sub-head (i), after “child disability payment” insert “, adult disability payment”,

(ii) after sub-head (iii) insert—

“(iiia) would be in receipt of either the daily living component or the mobility component of adult disability payment were it not for regulation 28(2) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022,”,

(c) in paragraph 11—

(i) in sub-paragraph (2)(a)(i), after “the care component of child disability payment at the highest or middle rate” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(ii) in sub-paragraph (2)(b)(i), after “the care component of child disability payment at the highest or middle rate” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(iii) in sub-paragraph (2)(b)(ii), after “the care component of child disability payment at the highest or middle rate” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(iv) in sub-paragraph (4)(a), after “the care component of child disability payment at the highest or middle rate” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(v) in sub-paragraph (5)(a), for “the care component of child disability payment at the highest or middle rate” substitute “the standard or enhanced rate of the daily living component of adult disability payment”,

(d) in paragraph 12, after sub-paragraph (1)(c) insert—

“, or

(d) the daily living component of adult disability payment at the enhanced rate is payable, or would be payable were it not for regulation 28(2) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, in respect of the applicant or a member of the applicant’s family who has not attained the qualifying age for state pension credit”,

(e) in paragraph 13(a) after “child disability payment” insert “, adult disability payment”.

(6) In paragraph 2(a) of schedule 2 (amount of alternative maximum council tax reduction), after “child disability payment” insert “, adult disability payment”.

(7) In paragraph 10 of schedule 4 (sums to be disregarded in the calculation of income other than earnings), after “child disability payment” insert “, adult disability payment”.

(1)

S.S.I. 2012/303, relevantly amended by S.S.I. 2013/48, S.S.I. 2013/142, S.S.I. 2016/81, S.S.I. 2017/41, S.S.I. 2017/326, S.S.I. 2018/69, S.S.I. 2021/73, S.S.I. 2021/122 and S.S.I. 2021/249.

(2)

S.S.I. 2022/54.