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Version Superseded: 31/12/2020
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There are currently no known outstanding effects for the The Council Tax Reduction (Scotland) Regulations 2012, Section 16.
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16.—(1) Subject to paragraph (5), a person is not entitled to council tax reduction in respect of a day and a dwelling of which the person is a resident if the person is throughout that day treated as not being in Great Britain in accordance with this regulation.
(2) Subject to paragraph (5), a person is to be treated as not being in Great Britain if that person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
(3) A person is not to be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.
(4) For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of, or in accordance with,—
(a)regulation 13 of the 2006 Regulations M1; or
(b)Article 6 of Directive 2004/38/EC of the European Parliament and of the Council on the rights of citizens of the Union and their family members to move and reside within the territory of the Member States M2.
(5) A person is not to be treated as not being in Great Britain if that person is—
(a)a qualified person for the purposes of regulation 6 of the 2006 Regulations as a worker or a self-employed person;
(b)a family member of a person referred to in paragraph (a) within the meaning of regulation 7 of the 2006 Regulations;
(c)a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the 2006 Regulations;
(d)a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M3, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 M4;
[F1(e)a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—
(i)discretionary leave to enter or remain in the United Kingdom;
(ii)leave to remain under the Destitution Domestic Violence concession; or
(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;]
(f)a person who has humanitarian protection granted under the rules referred to in sub-paragraph (e); F2...
(g)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act M5 and who is in the United Kingdom as a result of that person's deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom [F3;
(h)in receipt of income support, an income-based jobseeker’s allowance or on an income-related employment and support allowance; or
(i)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the 2006 Regulations pursuant to regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (right of residence of a Croatian who is an accession State national subject to worker authorisation).]
(6) In this regulation “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006 M6.
Textual Amendments
F1Reg. 16(5)(e) substituted (1.4.2015) by The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 4(a)
F2Word in reg. 16 omitted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 4(b)
F3Reg. 16(5)(h)(i) inserted (1.4.2015) by The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 4(c)
Marginal Citations
M1Regulation 13 was amended by S.I. 2012/1547.
M2OJ L 158, 30.4.2004, p.77.
M3Cmnd 9171.
M4Cmnd 3906.
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