2013 No. 48
The Council Tax Reduction (Scotland) Amendment Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers in sections 80 and 113(1) and (2) of, and paragraph 1 of Schedule 2 to, the Local Government Finance Act 19921 and all other powers enabling them to do so.
Citation and commencementI11
These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment Regulations 2013 and come into force on 18th March 2013.
Amendment of the Council Tax Reduction (Scotland) Regulations 2012
I22
The Council Tax Reduction (Scotland) Regulations 20122 are amended in accordance with regulations 3 to 16.
I33
In regulation 2 (interpretation)—
a
in the definition of “additional statutory paternity pay”—
i
after “means” insert “additional”; and
ii
after “171ZEA” omit “(a)”;
b
in the definition of “attendance allowance” omit sub-paragraphs (c) and (d);
c
in the definition of “ordinary statutory paternity pay” after “means” insert “ordinary”; and
d
after the definition of “sports award” insert—
“state pension credit” means state pension credit under the State Pension Credit Act 20023;
I44
In regulation 4 (young persons) omit paragraph (3).
I55
In regulation 20(3)(j)(iv) (persons not entitled to council tax reduction: students) for “and” where it appears in the third line substitute “or”.
I66
In regulation 23 (applicable amount: persons who have an award of universal credit)—
a
in paragraph (1) for “adjustment described in paragraph (2)” substitute “adjustments described in paragraphs (2) (if applicable) and (2A)”; and
b
after paragraph (2) insert—
2A
The adjustment referred to in paragraph (1) is to multiply the maximum amount by 12 and divide the product by 52.
I77
In regulation 40(5) (capital treated as income)—
a
in the first line for “payments” substitute “a payment”; and
b
in the second line for “payments are” substitute “payment is”.
I88
In regulation 41(4)(c) (notional income) for “those Regulations” substitute “the Jobseeker’s Allowance Regulations”.
I99
In regulation 48(4)(b) (notional capital) for “those Regulations” substitute “the Jobseeker’s Allowance Regulations”.
I1010
In regulation 64(3) (income treated as capital) after “applicant’s” insert “family”.
I1111
In regulation 67 (non-dependant deductions)—
a
in paragraph (1)—
i
in sub-paragraph (a) for “£9.90” substitute “£10.95”; and
ii
in sub-paragraph (b) for “£3.30” substitute “£3.65”; and
b
in paragraph (2)—
i
in sub-paragraph (a) for “£183.00” substitute “£186.00”; and
ii
in sub-paragraph (b) for—
aa
“£183.00” substitute “£186.00;
bb
“£316.00” substitute “£322.00”; and
cc
“£6.55” substitute “£7.25”; and
iii
in sub-paragraph (c) for—
aa
“£316.00” substitute “£322.00”;
bb
“£394.00” substitute “£401.00”; and
cc
“£8.25” substitute “£9.15”.
I1212
In regulation 81 (date on which a change of circumstances is to take effect)—
a
in paragraph (1), after “reduction week” insert “starting immediately after”; and
b
after paragraph (9) insert—
10
Where the change of circumstances is that—
a
a conversion decision within the meaning of regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations has been made in relation to the applicant or the applicant’s partner; or
b
the applicant or the applicant’s partner is appealing a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations,
for the purpose of calculating entitlement to council tax reduction it takes effect, where the conversion decision takes effect on or after 1st April in any year but before 16th April of that year, from 1st April and in any other case from the day the conversion decision takes effect.
I1313
In regulation 92 (transitional provision)—
a
after paragraph (2)(c) insert—
ca
other than a person described in sub-paragraph (a) or (c), who has applied for a revision of a decision by a relevant authority under regulation 4(1) (revision of decisions) or 5(1) (late application for a revision) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20014 and whose application is pending immediately before 1st April 2013.
b
after paragraph (2) insert—
2A
For the purposes of sub-paragraph (2)(ca) a revision of a decision relating to a claim for council tax benefit is pending if an application for a revision has been made but not been determined.
I1414
In Schedule 1 (applicable amount)—
a
in the table in paragraph 1 (personal allowances)—
i
in entry (1)(a) and (b) for “£71.00” substitute “£71.70”;
ii
in entry (1)(c) for “£56.25” substitute “£56.80”;
iii
in entry (2) for “£71.00” substitute “£71.70”; and
iv
in entry (3) for “£105.95” substitute “£112.55”;
b
in paragraph 2 (personal allowances)—
i
in sub-paragraph (a) for “15 (persons in receipt of concessionary payments)” substitute “18 (components)”; and
ii
in sub-paragraph (b) after “allowance” insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”;
c
in the table in paragraph 3 (personal allowances), in entries (a) and (b) for “£64.99” substitute “£65.62”;
d
in paragraph 4(2)(a) (family premium) for “3(3)(a)” substitute “3(a)”;
e
in paragraph 12 (enhanced disability premium)—
i
in the first line of sub-paragraph (1) for “(2)” substitute “(3)”; and
ii
in sub-paragraph (1)(c) after “payment” insert “at the enhanced rate”;
f
in the table in paragraph 17 (amounts of disability premiums), in the entry—
i
“Disability premium” for—
aa
“£30.35” substitute “£31.00”; and
bb
“£43.25” substitute “£44.20”;
ii
“Severe disability premium” for—
aa
“£58.20” on each occasion it appears substitute “£59.50”; and
bb
“£116.40” substitute “£119.00”;
iii
“Disabled child premium” for “£56.63” substitute “£57.89”;
iv
“Carer premium” for “£32.60” substitute “£33.30”; and
v
“Enhanced disability premium” for—
aa
“£22.89” substitute “£23.45”;
bb
“£14.80” substitute “£15.15”; and
cc
“£21.30” substitute “£21.75”;
g
in paragraph 19 (components) after “allowance” insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”;
h
in paragraph 23 (amount of components) for “£28.15” substitute “£28.45”;
i
in paragraph 24 (amount of components) for “£34.05” substitute “£34.80”;
j
in paragraph 25 (transitional addition)—
i
in sub-paragraph (1)(a) after “allowance” insert “, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance)”; and
ii
in sub-paragraph (2)(c) for “the applicant or the applicant’s partner” substitute “the relevant person”;
k
in paragraph 26 (transitional addition)—
i
in sub-paragraph (1)(b) for “104” substitute “12”;
ii
in sub-paragraph (1)(c) for “applicant or the applicant’s partner” substitute “the relevant person”;
iii
omit sub-paragraph (1)(d); and
iv
in sub-paragraph (3)(c) for “the applicant or the applicant’s partner” substitute “the relevant person”;
l
in paragraph 27 (transitional addition)—
i
in sub-paragraphs (1)(a) and (b) and (3)(c) for “the applicant or the applicant’s partner” substitute “the relevant person”;
ii
for sub-paragraph (1)(c) substitute—
c
at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations applies to the relevant person;
iii
in sub-paragraph (1)(d), in the first line, for “the applicant or the applicant’s partner” substitute “the relevant person”; and
iv
in sub-paragraph (2) for “the applicant’s or the applicant’s partner’s” substitute “the relevant person’s”
m
in paragraph 28(2) and (3) (amount of transitional addition) for “the applicant or the applicant’s partner” on each occasion it appears substitute “the relevant person”; and
n
after paragraph 29 insert—
Interpretation of Part 630
In this Part “relevant person” means the person who meets the requirements of paragraph 25(1)(a) or (b), as the case may be, by virtue of which the applicant is entitled to a transitional addition under that paragraph.
I1515
In Schedule 2 (amount of alternative maximum council tax reduction), in the table in paragraph 1—
a
in entry (b)(i) for “£177.00” substitute “£183.00”; and
b
in entry (b)(ii) for—
i
“£177.00” substitute “£183.00”; and
ii
“£231.00” substitute “£239.00”.
I1616
For paragraph 31(e) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) substitute—
(This note is not part of the Regulations)