The Council Tax Reduction (Scotland) Regulations 2012

This section has no associated Policy Notes

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

(a)any payment specified in paragraphs 10, 12 or 13 of Schedule 4;

(b)an income-related benefit under Part 7 of the 1992 Act;

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

(d)any discretionary housing payment paid pursuant to [F1Part 5 of the Social Security (Scotland) Act 2018];

(e)working tax credit and child tax credit; F2...

(f)an income-related employment and support allowance[F3;F4...

(g)bereavement support payment under section 30 of the Pensions Act 2014][F5; or

(h)carer’s allowance supplement under section 81 of the Social Security (Scotland) Act 2018]

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 (“the relevant sum”) and is—

[F6(a)paid in order to rectify, or compensate for—

(i)an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

(ii)[F7an error on a point of law made by an officer, person or body described in sub-paragraph (a) or (b) of the definition of “official error” in regulation 1(3) of those Regulations,]

(iii)any error made by a member of staff of the Scottish Administration involved in the administration of social security benefits to which no person outside the Scottish Government or the Department for Work and Pensions materially contributed; and]

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

sub-paragraph (1) has effect in relation to the 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 entitlement to council tax reduction, for the remainder of that period if it is a longer period.

(3) For the purposes of sub-paragraph (2), “the period of entitlement to council tax reduction” means—

(a)the period of entitlement to council tax reduction in which the relevant sum is first received (or the first part of the relevant sum where it is paid in more than one instalment); and

(b)where that period of entitlement is followed by one or more periods of entitlement which, or each of which, begins immediately after the end of the previous period, such further period provided that for that further period 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 the partner's death; and

F8...

Textual Amendments