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Version Superseded: 01/04/2019
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The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012, Paragraph 21 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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21.—(1) Subject to paragraph 22 any amount paid—S
(a)by way of arrears of benefit;
(b)by way of compensation for the late payment of benefit;
(c)in lieu of the payment of benefit; or
(d)to rectify, or compensate for[F1—
(i)an official error,
(ii)an error on a point of law made by an officer of the Department of Work and Pensions, or
(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,]
being an amount to which that paragraph does not apply.
(2) In sub-paragraph (1) “benefit” means—
(a)attendance allowance under section 64 of the 1992 Act M1;
[F2(aa)bereavement support payment under section 30 of the Pensions Act 2014;]
(b)child tax credit;
(c)council tax benefit;
(d)disability living allowance;
[F3(da)armed forces independence payment;]
(e)personal independence payment;
(f)housing benefit;
(g)income-related employment and support allowance;
(h)income support;
(i)income-based jobseeker's allowance;
(j)state pension credit;
(k)working tax credit;
(l)an increase of a disablement pension under section 104 of the 1992 Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the 1992 Act (increase for exceptionally severe disablement);
(m)any amount included on account of the applicant's exceptionally severe disablement or need for constant attendance in a war disablement pension, war widow's pension or war widower's pension; F4...
(n)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 M2[F5; F6...
(o)any social fund payment made pursuant to Part 8 of the 1992 Act][F7; F8...
(p)universal credit][F9; or
(q)carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018].
Textual Amendments
F1Sch. 4 para. 21(1)(d)(i)-(iii) substituted for words (28.11.2018) by The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018 (S.S.I. 2018/295), regs. 1, 7(a)
F2Sch. 4 para. 21(2)(aa) inserted (20.11.2017) by The Council Tax Reduction (Scotland) Amendment (No. 2) Regulations 2017 (S.S.I. 2017/326), regs. 1, 14(a)
F3Sch. 4 para. 21(2)(da) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 12(9)
F4Word in sch. 4 para. 21(2)(m) omitted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(a)(i)
F5Sch. 4 para. 21(2)(o) and word inserted (1.4.2015) by The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(a)(ii)
F6Word in sch. 4 para. 21(2) omitted (1.4.2016) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2016 (S.S.I. 2016/81), regs. 1(2), 26(a)(i)
F7Sch. 4 para. 21(2)(p) and word inserted (1.4.2016) by The Council Tax Reduction (Scotland) Amendment Regulations 2016 (S.S.I. 2016/81), regs. 1(2), 26(a)(ii)
F8Word in sch. 4 para. 21(2) omitted (27.10.2018) by virtue of The Council Tax Reduction (Scotland) Amendment (No. 2) Regulations 2018 (S.S.I. 2018/211), regs. 1, 7(a)
F9Sch. 4 para. 21(2)(q) and word inserted (27.10.2018) by The Council Tax Reduction (Scotland) Amendment (No. 2) Regulations 2018 (S.S.I. 2018/211), regs. 1, 7(b)
Marginal Citations
M1Section 64 was amended by section 66 of the Welfare Reform and Pensions Act 1999 (c.30).
M2S.I. 2001/1167, to which there are amendments not relevant to these Regulations.
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