The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

Regulation 32(2)

SCHEDULE 2 E+W Applicable amounts: pensioners

PART 1 E+W Personal allowances

Personal allowance E+W

1.  The amount specified in column (2) below in respect of each person or couple specified in column (1) is the amount specified for the purposes of paragraph 1(1)(a) of Schedule 1.

[F1 Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
(1) Single applicant or lone parent who has attained pensionable age	[F2 £217.00]
(2) Couple where one or both members have attained pensionable age	[F3 £324.70]
(3) If the applicant is a member of a polygamous marriage and one or more members of the marriage have attained pensionable age— (a) for the applicant and the other party to the marriage; (b) for each additional spouse who is a member of the same household as the applicant.	[F4 £324.70] [F4 £107.70]]

Textual Amendments

F1 Sch. 2 para. 1 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022 (S.I. 2022/51), regs. 1(2), 5(a)

F2 Sum in Sch. 2 para. 1 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(a)(i)

F3 Sum in Sch. 2 para. 1 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(a)(ii)

F4 Sums in Sch. 2 para. 1 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(a)(iii)

Commencement Information

I1 Sch. 2 para. 1 in force at 28.11.2013, see reg. 1(2)

Child or young person amounts E+W

2.—(1) The amounts specified in column (2) below in respect of each person specified in column (1) are the amounts, for the relevant period specified in column (1), specified for the purposes of paragraph 1(1)(b) of Schedule 1.

Column (1) Child or young person	Column (2) Amount
Person in respect of the period —
(a) beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	[F5 £77.78];
(b) beginning on the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	[F5 £77.78].

(2) In column (1) of the table in sub-paragraph (1) “the first Monday in September” (“y dydd Llun cyntaf ym Medi”) means the Monday which first occurs in the month of September in any year.

Textual Amendments

F5 Sum in Sch. 2 para. 2(1) Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(b)

Commencement Information

I2 Sch. 2 para. 2 in force at 28.11.2013, see reg. 1(2)

PART 2 E+W Family premium

Family premium E+W

3.  The amount for the purposes of paragraph 1(1)(c) of Schedule 1 in respect of a family of which at least one member is a child or young person is [F6 £18.53].

Textual Amendments

F6 Sum in Sch. 2 para. 3 substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(c)

Commencement Information

I3 Sch. 2 para. 3 in force at 28.11.2013, see reg. 1(2)

PART 3 E+W Premiums

4.  The premiums specified in Part 4 are, for the purposes of paragraph 1(1)(d) of Schedule 1, to be applicable to an applicant who satisfies the condition specified in this Part in respect of that premium. E+W

Commencement Information

I4 Sch. 2 para. 4 in force at 28.11.2013, see reg. 1(2)

5.—(1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for— E+W

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979(1) applies, any period during which, apart from the provision of those Regulations, that person would be in receipt of that benefit; and

(b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State or the Welsh Ministers under section 2 of the Employment and Training Act 1973(2), or by Skills Development Scotland, Scottish Enterprise or Highland and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(3) or for any period during which that person is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 9, a person is to be treated as being in receipt of a carer’s allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 or an AFIP.

Commencement Information

I5 Sch. 2 para. 5 in force at 28.11.2013, see reg. 1(2)

Severe disability premium E+W

6.—(1) The condition is that the applicant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), an applicant is to be treated as being a severely disabled person if, and only if—

(a) in the case of a single applicant, a lone parent or an applicant who is treated as having no partner in consequence of sub-paragraph (3)—

(i) the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 or an AFIP; and

(ii) subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant is normally residing; and

(iii) no person is entitled to, and in receipt of, a carer’s allowance [F7 under section 70 of the SSCBA or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013] in respect of caring for the applicant;

(b) in the case of an applicant who has a partner—

(i) the applicant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or an AFIP;

(ii) the applicant’s partner is also in receipt of such an allowance or, if the applicant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance; and

(iii) subject to sub-paragraph (6), the applicant has no non-dependants aged 18 or over normally residing with the applicant or with whom the applicant is normally residing,

and either a person is entitled to and in receipt of a carer’s allowance [F8 or has an award of universal credit which includes the carer element] in respect of caring for only one of the couple or, if the applicant is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance [F9 or has such an award of universal credit] in respect of caring for either member of a couple or any of the members of the marriage.

(3) Where an applicant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner [F10 is blind or severely sight-impaired or is treated as such] within the meaning of sub-paragraph (4), that partner is to be treated for the purposes of sub-paragraph (2) as if that partner were not a partner of the applicant.

[F11 (4) For the purposes of sub-paragraph (3), a person is blind or severely sight-impaired if that person—

(a) is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services);

(b) is registered as severely sight-impaired in a register established and maintained by a local authority under section 18(1) of the Social Services and Well-being (Wales) Act 2014;

(c) is registered as severely sight-impaired in a register established and maintained by a local authority under section 77(1) of the Care Act 2014; or

(d) in Scotland, has been certified as blind and in consequence is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.]

(5) For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind [F12 or severely sight-impaired] on regaining that person’s eyesight is nevertheless to be treated as blind [F12 or severely sight-impaired] and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which that person ceased to be so registered.

(6) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account is to be taken of—

(a) a person receiving attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, or the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012, or an AFIP; or

(b) a person who [F13 is blind or severely sight-impaired or is treated as such] within the meaning of sub-paragraphs (4) and (5).

(7) For the purposes of sub-paragraph (2)(b) a person is to be treated—

(a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA, if that person would, but for that person’s being a patient for a period exceeding 28 days, be so in receipt;

(b) as being in receipt of the daily living component of personal independence payment paid at the rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012 if that person would, but for that person’s being a patient for a period exceeding 28 days, be so in receipt, notwithstanding section 86 of that Act and regulations made thereunder;

(c) as being in receipt of AFIP if the person would be so in receipt but for a suspension of payment in accordance with any terms of the armed and reserve forces compensation scheme which allow for suspension because a person is undergoing medical treatment in a hospital or similar institution;

(d) as being entitled to and in receipt of a carer’s allowance [F14 or having an award of universal credit which includes the carer element] if that person would, but for the person for whom that person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt [F15 or have such an award of universal credit].

(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—

(a) no account is to be taken of an award of carer’s allowance [F16 or an award of universal credit which includes the carer element] to the extent that payment of such an award is back-dated for a period before the date on which the award is first paid; and

(b) references to a person being in receipt of a carer’s allowance [F17 or having an award of universal credit which includes the carer element] are to include references to a person who would have been in receipt of that allowance [F18 or had such an award of universal credit] but for the application of a restriction under section 6B or 7 of the Social Security Fraud Act 2001(4) (loss of benefit provisions).

Textual Amendments

F7 Words in Sch. 2 para. 6(2)(a)(iii) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(i)

F8 Words in Sch. 2 para. 6(2)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(ii)(aa)

F9 Words in Sch. 2 para. 6(2)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(ii)(bb)

F10 Words in Sch. 2 para. 6(3) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 6(b)(i)

F11 Sch. 2 para. 6(4) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 6(b)(ii)

F12 Words in Sch. 2 para. 6(5) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 6(b)(iii)

F13 Words in Sch. 2 para. 6(6)(b) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 6(b)(iv)

F14 Words in Sch. 2 para. 6(7)(d) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(iii)(aa)

F15 Words in Sch. 2 para. 6(7)(d) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(iii)(bb)

F16 Words in Sch. 2 para. 6(8)(a) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(iv)

F17 Words in Sch. 2 para. 6(8)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(v)(aa)

F18 Words in Sch. 2 para. 6(8)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(b)(v)(bb)

Commencement Information

I6 Sch. 2 para. 6 in force at 28.11.2013, see reg. 1(2)

Enhanced disability premium E+W

7.—(1) The condition is that—

(a) the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act;

(b) the daily living component of personal independence payment is, or would, but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012, be payable at the enhanced rate prescribed in accordance with section 78(2) of that Act; or

(c) AFIP is payable,

in respect of a child or young person who is a member of the applicant’s family.

(2) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the applicant or partner is entitled to child benefit in respect of the child or young person under section 145A of the SSCBA (entitlement after death of child or qualifying young person).

Commencement Information

I7 Sch. 2 para. 7 in force at 28.11.2013, see reg. 1(2)

Disabled child premium E+W

8.  The condition is that a child or young person for whom the applicant or a partner of the applicant is responsible and who is a member of the applicant’s household—

(a) is in receipt of disability living allowance or personal independence payment or is no longer in receipt of such allowance or payment because the child or young person is a patient, provided that the child or young person continues to be a member of the family; or

(b) [F19 is blind or severely sight-impaired] within the meaning of paragraph 6(4) or treated [F19 as such] in accordance with paragraph 6(5); or

(c) is a child or young person in respect of whom section 145A of the SSCBA (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the applicant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the applicant’s applicable amount because of that child or young person’s death.

Textual Amendments

F19 Words in Sch. 2 para. 8(b) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 6(c)

Commencement Information

I8 Sch. 2 para. 8 in force at 28.11.2013, see reg. 1(2)

Carer premium E+W

9.—(1) The condition is that the applicant or the applicant’s partner is, or both of them are, entitled to a carer’s allowance.

(2) Where a carer premium has been awarded but—

(a) the person in respect of whose care the carer’s allowance has been awarded dies; or

(b) the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer’s allowance,

this paragraph is to be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).

(3) The relevant date for the purposes of sub-paragraph (2) is—

(a) in a case within sub-paragraph (2)(a), the Sunday following the death of the person in respect of whose care the carer’s allowance has been awarded (or the date of death if the death occurred on a Sunday);

(b) in a case within sub-paragraph (2)(b), the date on which that person who was entitled to a carer’s allowance ceases to be entitled to it.

(4) For the purposes of this paragraph, a person is to be treated as being entitled to and in receipt of a carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.

Commencement Information

I9 Sch. 2 para. 9 in force at 28.11.2013, see reg. 1(2)

Persons in receipt of concessionary payments E+W

10.  For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs is to be treated as if it were a payment of that benefit.

Commencement Information

I10 Sch. 2 para. 10 in force at 28.11.2013, see reg. 1(2)

Person in receipt of benefit E+W

11.  For the purposes of this Part of this Schedule, a person is to be regarded as being in receipt of any benefit if, and only if, it is paid in respect of that person and is to be so regarded only for any period in respect of which that benefit is paid.

Commencement Information

I11 Sch. 2 para. 11 in force at 28.11.2013, see reg. 1(2)

PART 4 E+W Amounts of premium specified in Part 3

Commencement Information

I12 Sch. 2 Pt. 4 in force at 28.11.2013, see reg. 1(2)

Premium	Amount
12.—(1) Severe Disability Premium—
(a) where the applicant satisfies the condition in paragraph 6(2)(a);	[F20 £76.40];
(b) where the applicant satisfies the condition in paragraph 6(2)(b)—
(i) in a case where there is someone in receipt of a carer’s allowance [F21 or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,] or if that person or any partner satisfies that condition only by virtue of paragraph 6(7);	[F20 £76.40];
(ii) in a case where there is no-one in receipt of such an allowance [F22 or such an award of universal credit].	[F20 £152.80].
(2) Enhanced Disability Premium.	(2) [F23 £30.17] in respect of each child or young person in respect of whom the conditions specified in paragraph 7 are satisfied.
(3) Disabled Child Premium.	(3) [F24 £74.69] in respect of each child or young person in respect of whom the condition specified in paragraph 8 is satisfied.
(4) Carer Premium.	(4) [F25 £42.75 ]in respect of each person who satisfies the condition specified in paragraph 9.

Textual Amendments

F20 Sums in Sch. 2 Pt. 4 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(d)(i)

F21 Words in Sch. 2 Pt. 4 Table inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(c)(i)(aa)

F22 Words in Sch. 2 Pt. 4 Table inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2017 (S.I. 2017/46), regs. 1(2), 4(c)(i)(bb)

F23 Sum in Sch. 2 Pt. 4 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(d)(ii)

F24 Sum in Sch. 2 Pt. 4 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(d)(iii)

F25 Sum in Sch. 2 Pt. 4 Table substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2023 (S.I. 2023/47), regs. 1(2), 7(d)(iv)

(1)

S.I. 1979/597.

(2)

1973 c.50.

(3)

1990 c.35.

(4)

2001 c.11.