The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023

Amendment of Schedule 2

7.—(1) Schedule 2 (applicable amounts) is amended as follows.

(2) In column (2) of the Table in paragraph 1 (personal allowance)—

(a) in paragraph (1) for “£197.10” substitute “£217.00”;

(b) in paragraph (2) for “£294.90” substitute “£324.70”;

(c) in paragraph (3)(a) for “£294.90” substitute “£324.70”;

(d) in paragraph (3)(b) for “£97.80” substitute “£107.70”;

(e) in paragraph (4) for “£182.60” substitute “£201.05”;

(f) in paragraph (5) for “£278.70” substitute “£306.85”;

(g) in paragraph (6)(a) for “£278.70” substitute “£306.85”;

(h) in paragraph (6)(b) for “£96.10” substitute “£105.80”.

(3) In column (2) of the Table in paragraph 2(1) (child or young person amounts), in paragraphs (a) and (b) for “£70.80” substitute “£77.78”.

(4) In paragraph 3(a) (family premium) for “£17.85” substitute “£18.53”.

(5) For paragraph 5(2) (premiums) substitute—

“(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—

(a) attendance allowance;

(b) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(c) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

(d) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(e) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(f) an AFIP.”.

(6) In paragraph 6 (severe disability premium)—

(a) for sub-paragraph (2)(a)(i) substitute—

“(i) he is in receipt of—

(aa) attendance allowance;

(bb) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(cc) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(dd) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(ee) an AFIP; and”;

(b) for sub-paragraph (2)(b)(i) substitute—

“(i) the applicant is in receipt of—

(aa) attendance allowance;

(bb) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(cc) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(dd) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(ee) an AFIP;”;

(c) for sub-paragraph (6)(a) substitute—

“(a) a person receiving—

(i) attendance allowance;

(ii) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(iii) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(iv) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(v) an AFIP; or”;

(d) after sub-paragraph (7)(b) insert—

“(ba) as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations, if they would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;”.

(7) In paragraph 7(1)—

(a) at the end of paragraph (aa) omit “or”;

(b) after paragraph (aa) insert—

“(ab) the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the DAWAP Regulations, at the enhanced rate in accordance with regulation 5 of those Regulations;”,

(c) at the end of sub-paragraph (b) insert—

“or

(c) an AFIP is payable,”.

(8) In paragraph 8 (disabled child premium), after sub-paragraph (c) insert—

“(d) is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the DAWAP Regulations be so in receipt, provided that the young person continues to be a member of the family; or

(e) is a young person who is in receipt of an AFIP.”.

(9) In the second column of the Table in Part 4 (amounts of premium specified in Part 3)—

(a) in paragraph (1)(a) and (b)(i) for “£69.40” substitute “£76.40”;

(b) in paragraph (1)(b)(ii) for “£138.80” substitute “£152.80”;

(c) in paragraph (2) for “£27.44” substitute “£30.17”;

(d) in paragraph (3) for “£68.04” substitute “£74.69”;

(e) in paragraph (4) for “£38.85” substitute “£42.75”.