Prospective

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

12.—(1) The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “appropriate maximum council tax reduction”, insert—

““armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;”; and

(b) in the definition of “the benefit Acts”, after “the 1992 Act,” insert “the Armed Forces (Pensions and Compensation) Act 2004 insofar as it relates to armed forces independence payment, Part 4 (personal independence payment) of the Welfare Reform Act 2012,”.

(3) In regulation 27 (meaning of income), after paragraph (1)(j)(ii) insert—

“(iia) armed forces independence payment;”.

(4) In regulation 29 (treatment of child care charges)—

(a) after paragraph (11)(f)(iv), insert—

“(iva) armed forces independence payment;”; and

(b) in paragraph (14)(a), after “patient” insert “, or in respect of whom armed forces independence payment is payable”.

(5) In regulation 48 (non-dependant deductions)—

(a) after paragraph (6)(b)(ii), insert—

“(iia) armed forces independence payment;”; and

(b) in paragraph (9)(a), after “disability living allowance” insert “, armed forces independence payment”.

(6) In regulation 59(8) (date on which a change in circumstances is to take effect), after “the 1992 Act” insert “, Part 4 of the Welfare Reform Act 2012 or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011”.

(7) In Schedule 1 (applicable amount)—

(a) in paragraph 6(2) (disability premiums), after “the 1992 Act” insert “, armed forces independence payment”;

(b) in paragraph 7 (severe disability premium), in each of sub-paragraphs (2)(a)(i), (2)(b)(i), (2)(b)(ii) and (6)(a), after “the 1992 Act” insert “, armed forces independence payment”;

(c) in paragraph 8 (enhanced disability premium), after sub-paragraph (1)(a) insert—

“(aa) armed forces independence payment is payable in respect of a young person within the applicant’s family;”; and

(d) in paragraph 9 (disabled child premium), after paragraph (b) insert—

“(ba) is a young person who is in receipt of armed forces independence payment;”.

(8) In Schedule 2, in paragraph 5 (sum to be disregarded in the calculation of earnings), after sub-paragraph (1)(a)(iv) insert—

“(iva) armed forces independence payment;”.

(9) In Schedule 4, in paragraph 21 (capital to be disregarded), after sub-paragraph (2)(d) insert—

“(da) armed forces independence payment;”.

(10) In Schedule 5, in paragraph 2(a) (sums to be disregarded in determining a second adult’s gross income), after “disability living allowance” insert “, armed forces independence payment”.

Commencement Information

I1 Reg. 12 in force at 11.6.2013, see reg. 1

(1)

S.S.I. 2012/319; relevant amending instrument is S.S.I. 2013/49.