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

12.—(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of— E+W

(a) any payment specified in paragraphs 11, 13 or 14 of Schedule 9;

(b) an income-related benefit under Part 7 of the SSCBA;

(c) an income-based jobseeker’s allowance;

(d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001(1);

(e) working tax credit and child tax credit;

(f) an income-related employment and support allowance[F1 ;]

[F2 (g) universal credit [F3 ;]]

[F4 (h) bereavement support payment under section 30 of the Pensions Act 2014,]

but only for a period of 52 weeks from the date of the receipt of arrears or of the concessionary payment.

(2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as “the relevant sum”) and is—

(a) paid in order to rectify or to compensate for, an official error as defined in regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(2); and

(b) received by the applicant in full on or after 14 October 2001,

sub-paragraph (1) is to have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the period of an award of a reduction under an authority’s scheme, for the remainder of that period if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the period of an award of a reduction under an authority’s scheme” (“cyfnod dyfarniad o ostyngiad o dan gynllun awdurdod”) means—

(a) the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment); and

(b) where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award the applicant—

(i) is the person who received the relevant sum; or

(ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of that person’s death.

Textual Amendments

F1 Sch. 10 para. 12(1)(f): semicolon substituted for comma (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 11(b)(i)

F2 Sch. 10 para. 12(1)(g) inserted (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 11(b)(ii)

F3 Sch. 10 para. 12(1)(g): semicolon substituted for comma (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 2019 (S.I. 2019/11), regs. 1(1), 10(a)(i)

F4 Sch. 10 para. 12(1)(h) 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 2019 (S.I. 2019/11), regs. 1(1), 10(a)(ii)

Commencement Information

I1 Sch. 10 para. 12 in force at 28.11.2013, see reg. 1(2)

(1)

S.I. 2001/1167.

(2)

S.I. 2001/1002.