PART 3Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

I116

The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with regulations 17 to 27.

Annotations:
Commencement Information
I1

Reg. 16 in force at 1.4.2016 in accordance with reg. 1(2)

Amendment of references to the Independent Living Fund (2006) and the Scottish Welfare FundI217

1

In regulation 2(1) (interpretation)16

a

after the definition of “housing benefit” insert

  • “ILF Scotland” means the company limited by guarantee under the name ILF Scotland, registered under number SC 500075;

b

omit the definition of “the Independent Living Fund (2006)”; and

c

after the definition of “war widower’s pension” insert—

  • “welfare fund” means any fund maintained by a local authority in terms of section 1 of the Welfare Funds (Scotland) Act 2015;

2

For “the Independent Living Fund (2006)” substitute “ILF Scotland” in each of—

a

regulation 48(9)(b) (payments to be disregarded for non-dependant deductions);

b

paragraph 16(1)(b) and (6) of Schedule 4 (payments to be disregarded in calculating capital); and

c

paragraph 2(b) of Schedule 5 (payments to be disregarded in calculating income for the purpose of regulation 56).

3

For regulation 5(8)(c)(ii)(bb) (delay in occupation of a dwelling) substitute—

bb

to a welfare fund for a payment;

4

For regulation 27(1)(j)(xi)(aa) (payments that are income) substitute—

aa

from a welfare fund;

5

For “under the Independent Living Fund (2006)” in each of regulation 66(3)(b) and (c) (payments that need not be evidenced) substitute “by ILF Scotland”.

Annotations:
Commencement Information
I2

Reg. 17 in force at 1.4.2016 in accordance with reg. 1(2)

Removal of family premiumI318

1

In regulation 20 (applicable amount), omit paragraph (c).

2

In Schedule 1, omit Part 2 (family premium).

3

In Schedule 2, for paragraph 10(2)(b)(ii)(bb) (sums to be disregarded in the calculation of earnings) substitute—

bb

the applicant’s family includes at least one child or young person;

4

In Schedule 3, in paragraph 19(1) (sums to be disregarded in the calculation of income other than earnings) for “applicable amount includes an amount by way of family premium under paragraph 4 of Schedule 1” substitute “family includes at least one child or young person”.

Annotations:
Commencement Information
I3

Reg. 18 in force at 1.5.2016 in accordance with reg. 1(3)

Social Services and Well-being (Wales) Act 2014: consequential amendmentsI419

1

In regulation 29(14)(b) (child care charges: disabled persons)17, at the end insert “, or is registered as severely sight impaired in a register kept by a local authority in Wales under section 18(1)(a) of the Social Services and Well-being (Wales) Act 201418”.

2

In regulation 35(2)(d) (earnings of self-employed earners)19, after sub-paragraph (iv) insert—

iva

the relevant person where the payment is for provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or section 36 of the Social Services and Well-being (Wales) Act 2014;

3

In paragraph 7(4) of Schedule 1 (severe disability premium)20, at the end insert “or is registered as severely sight impaired in a register kept by a local authority in Wales under section 18(1)(a) of the Social Services and Well-being (Wales) Act 2014”.

4

In paragraph 5(1)(b) of Schedule 2 (sums to be disregarded in the calculation of earnings)21, at the end insert “or is registered as severely sight impaired in a register kept by a local authority in Wales under section 18(1)(a) of the Social Services and Well-being (Wales) Act 2014”.

5

In paragraph 29 of Schedule 4 (capital disregards)22, at the end insert “or under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.

Annotations:
Commencement Information
I4

Reg. 19 in force at 6.4.2016 in accordance with reg. 1(4)

Kinship careI520

In regulation 35 (earnings of self-employed earners), after paragraph (2)(b)(i) insert—

ia

article 4(b)(ii), (d)(ii), (e)(ii), (f)(ii) or (g)(ii) of the Kinship Care Assistance (Scotland) Order 2016;

Annotations:
Commencement Information
I5

Reg. 20 in force at 1.4.2016 in accordance with reg. 1(2)

Uprating and miscellaneous amendments

I621

In regulation 2(1) (interpretation), in the definition of “the benefit Acts”23 after “Act 2012,” insert “the Pensions Act 2014,”.

Annotations:
Commencement Information
I6

Reg. 21 in force at 1.4.2016 in accordance with reg. 1(2)

I722

In regulation 37(2)(a) (calculation of deduction of tax and contributions of self-employed earners)—

a

for “11(1)” substitute “11(2)”;

b

for “11(3) substitute “11(8)”; and

c

for “(small earnings exception)” substitute “(small profits threshold)”.

Annotations:
Commencement Information
I7

Reg. 22 in force at 1.4.2016 in accordance with reg. 1(2)

I823

In regulation 48 (non-dependant deductions)24

a

in paragraph (1)—

i

in sub-paragraph (a) for “£11.70” substitute “£11.80”; and

ii

in sub-paragraph (b) for “£3.85” substitute “£3.90”;

b

in paragraph (2)—

i

in sub-paragraph (a) for “£189.00” substitute “£195.00”;

ii

in sub-paragraph (b) for—

aa

“£189.00” substitute “£195.00”;

bb

“£328.00” substitute “£338.00”; and

cc

“£7.70” substitute “£7.75”; and

iii

in sub-paragraph (c) for—

aa

“£328.00” substitute “£338.00”;

bb

“£408.00” substitute “£420.00”;

cc

“£9.80” substitute “£9.85”; and

c

in paragraph (8)—

i

omit “or” following sub-paragraph (a); and

ii

after sub-paragraph (b) insert—

; or

c

who is entitled to an award of universal credit where the award is calculated on the basis that the non-dependant does not have any earned income, within the meaning given by regulation 52 of the Universal Credit Regulations 2013.

Annotations:
Commencement Information
I8

Reg. 23 in force at 1.4.2016 in accordance with reg. 1(2)

I924

In Schedule 1 (applicable amount)25

a

in the table in paragraph 2 (personal allowances)—

i

in entry (1)(a) for “£151.20” substitute “£155.60”;

ii

in entry (1)(b) for “£166.05” substitute “£168.70”;

iii

in entry (2)(a) for “£230.85” substitute “£237.55”;

iv

in entry (2)(b) for “£248.30” substitute “£252.30”;

v

in entry (3)(a) for “£230.85” substitute “£237.55”;

vi

in entry (3)(b) for “£79.65” substitute “£81.95”;

vii

in entry (4)(a) for “£248.30” substitute “£252.30”; and

viii

in entry (4)(b) for “£82.25” substitute “£83.60”;

b

in paragraph 7 (severe disability premium)—

i

in sub-paragraph (2)(a)(iii), for “entitled to, and in receipt of, a carer’s allowance” substitute “in receipt of a carer’s allowance under section 70 of the 1992 Act, or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,”;

ii

in sub-paragraph (2)(b), after “carer’s allowance” in both places where those words appear, insert “, or has an award of universal credit which includes the carer element,”;

iii

in sub-paragraph (7)(b)—

aa

after “carer’s allowance” where it first appears insert “or as having an award of universal credit which includes the carer element”;

bb

for “in respect of whose care the care allowance was awarded” substitute “being cared for”;

cc

after “carer’s allowance” where it second appears insert “or would have an award of universal credit which includes the carer element”;

iv

in sub-paragraph (8)(a), after “carer’s allowance” insert “, or of universal credit which includes the carer element,”;

v

in sub-paragraph (8)(b)—

aa

after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”;

bb

after “that allowance” insert “or award”; and

c

in the table in paragraph 13 (amount of disability premium), in entry (1) (severe disability premium)—

i

after “carer’s allowance” where it first appears insert “, or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,”; and

ii

after “carer’s allowance” where it second appears insert “or an award of universal credit which includes the carer element”.

Annotations:
Commencement Information
I9

Reg. 24 in force at 1.4.2016 in accordance with reg. 1(2)

I1025

In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), after paragraph 18 insert—

18A

1

Any payment made in respect of a person who is a member of the applicant’s family—

a

in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 200726 (adoption allowances schemes) or pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 200227;

b

which is a payment made by a local authority in pursuance of section 50 of the Children Act 197528 (payments towards maintenance of children) or section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 198929 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

c

which is a payment made by an authority, as defined in article 2 of the Children (Northern Ireland) Order 199530, in pursuance of article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance); or

d

in accordance with regulations made pursuant to section 14F of the Children Act 198931 (special guardianship support services).

2

Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the applicant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

18B

Any payment made by a local authority in accordance with section 12 of the Social Work (Scotland) Act 196832 (general social welfare services of local authorities), section 22 of the Children (Scotland) Act 199533 (promotion of welfare of children in need) or section 17 of the Children Act 198934 (provision of services for children in need, their families and others).

Annotations:
Commencement Information
I10

Reg. 25 in force at 1.4.2016 in accordance with reg. 1(2)

I1126

In Part 1 of Schedule 4 (capital to be disregarded)—

a

in paragraph 2135

i

omit “or” following sub-paragraph (2)(n); and

ii

after sub-paragraph (2)(o) insert—

; or

p

universal credit

b

after paragraph 30 insert—

30A

Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the 1992 Act or under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—

a

except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum; or

b

the amount of that lump sum,

but only for so long as that person does not change that election in favour of an increase of pension or benefit.

Annotations:
Commencement Information
I11

Reg. 26 in force at 1.4.2016 in accordance with reg. 1(2)

I1227

In Schedule 5 (amount of alternative maximum council tax reduction), in the table in paragraph 136

a

in entry (b)(i) for “£186.00” substitute “£191.00”; and

b

in entry (b)(ii)—

i

for “£186.00” substitute “£191.00”;

ii

for “£242.00” substitute “£249.00”.