The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

22.—(1) Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, [F1 an error described in sub-paragraph (1A)] relating to a benefit specified in paragraph 21(2) and has been received by the applicant in full on or after the day on which the applicant became entitled to council tax reduction under these Regulations or the Council Tax Reduction Regulations. S

[F2 (1A) Sub-paragraph (1) applies to—

(a) an official error,

(b) an error on a point of law made by an officer of the Department of Work and Pensions,

(c) 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.]

(2) Subject to sub-paragraph (3), the total amount of any payments disregarded under—

(a) paragraph 7(2) of Schedule 10 to the Income Support Regulations;

(b) paragraph 12(2) of Schedule 8 to the Jobseeker's Allowance Regulations 1996 M1 ;

(c) paragraph 20A of Schedule 5 to the State Pension Credit Regulations 2002 M2 ; F3 ...

(d) paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations[F4 ; or

(e) paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013,]

where the award in respect of which the payments last fell to be disregarded under those Regulations terminated immediately before the relevant date or is still in existence at that date.

(3) Any disregard which applies under sub-paragraph (1) or (2) has effect until expiry of the period of entitlement to council tax reduction.

(4) In this paragraph—

“period of entitlement to council tax reduction” means—

(a)

the period of entitlement to council tax reduction under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and

(b)

where the period of entitlement to council tax reduction is followed by one or more further periods of entitlement to council tax reduction under these Regulations which, or each of which, begins immediately after the previous period of entitlement to council tax reduction ends, such further periods of entitlement to council tax reduction until the expiry of the last period of entitlement to council tax reduction provided that, for such further periods of entitlement to council tax reduction, the applicant—

(i)

is the person who received the relevant sum;

(ii)

is the partner of that person; or

(iii)

was the partner of that person at the date of the applicant's death;

“the relevant date” means—

(a)

F5 ...

(b)

F5 ... the date on which the application for council tax reduction under these Regulations or the Council Tax Reduction Regulations was made; and

“the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).

Textual Amendments

F1 Words in sch. 4 para. 22(1) substituted (28.11.2018) by The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018 (S.S.I. 2018/295), regs. 1, 7(b)

F2 Sch. 4 para. 22(1A) inserted (28.11.2018) by The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018 (S.S.I. 2018/295), regs. 1, 7(c)

F3 Word in sch. 4 para. 22(2)(c) omitted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(b)(i)

F4 Sch. 4 para. 22(2)(e) and word inserted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(b)(ii)

F5 Words in sch. 4 para. 22(4) omitted (1.4.2015) by virtue of The Council Tax Reduction (Scotland) Amendment Regulations 2015 (S.S.I. 2015/46), regs. 1, 22(b)(iii)

Marginal Citations

M1 S.I. 1996/207.

M2 S.I. 2002/1792 as relevantly amended by S.I. 2003/2274 and 2008/1554 and 3157.