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

Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

14.—(1) The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (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 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 27(1)(j) (meaning of “income”) after head (iiia) insert—

“(iiib) adult disability payment,”.

(4) In regulation 29 (treatment of child care charges)—

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

“(ivzb) adult disability payment,”,

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

(5) In regulation 48 (non-dependant deductions)—

(a) after paragraph (6)(b)(iiza) insert—

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

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

(6) In Part 3 (disability premiums) of schedule 1 (applicable amount)—

(a) in paragraph 6(2) 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”,

(b) in paragraph 7—

(i) in sub-paragraph (2)—

(aa) in head (a)(i) after “armed forces independence payment” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(bb) in head (b)(i) after “armed forces independence payment” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(cc) in head (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”,

(ii) in sub-paragraph (6)(a) after “the 1992 Act” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(iii) in sub-paragraph (7)(a) after both occurrences of “the 1992 Act” insert “, the standard or enhanced rate of the daily living component of adult disability payment”,

(c) in paragraph 8—

(i) in sub-paragraph (1)—

(aa) at the end of head (b) omit “or”,

(bb) after head (c) insert—

“, or

(d) the enhanced rate of the daily living component of adult disability payment 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 a young person who is a member of the applicant’s family”,

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

(7) In schedule 2 (sums to be disregarded in the calculation of earnings) after paragraph 5(1)(a)(va) insert—

“(vb) adult disability payment,”.

(8) In Part 1 of schedule 4 (capital to be disregarded) after paragraph 21(2)(ea) insert—

“(eb) adult disability payment,”.

(9) In schedule 5 (amount of alternative maximum council tax reduction) in paragraph 2(a), after “child disability payment” insert “, adult disability payment”.

(1)

S.S.I. 2012/319, relevantly amended by S.I. 2014/3255, S.I. 2020/354, S.S.I. 2013/49, S.S.I. 2013/142, S.S.I. 2013/218, S.S.I. 2015/46, S.S.I. 2016/81, S.S.I. 2017/41, S.S.I. 2017/326, S.S.I. 2018/211, S.S.I. 2018/295, S.S.I. 2019/29, S.S.I. 2019/133, S.S.I. 2019/325, S.S.I. 2020/413, S.S.I. 2021/73 and S.S.I. 2021/122.

(2)

S.S.I. 2022/54.