PART 3Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012
16.
The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with regulations 17 to 27.
Amendment of references to the Independent Living Fund (2006) and the Scottish Welfare Fund
17.
(1)
(a)
““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)
““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)
“(bb)
to a welfare fund for a payment;”.
(4)
“(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”.
Removal of family premium
18.
(1)
In regulation 20 (applicable amount), omit paragraph (c).
(2)
In Schedule 1, omit Part 2 (family premium).
(3)
“(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”.
Social Services and Well-being (Wales) Act 2014: consequential amendments
19.
(1)
(2)
“(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)
(4)
(5)
Kinship care
20.
“(ia)
article 4(b)(ii), (d)(ii), (e)(ii), (f)(ii) or (g)(ii) of the Kinship Care Assistance (Scotland) Order 2016;”.
Uprating and miscellaneous amendments
21.
22.
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)”.
23.
(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)
“; 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.”.
24.
(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”.
25.
“18A.
(1)
Any payment made in respect of a person who is a member of the applicant’s family—
(a)
(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).”.
26.
In Part 1 of Schedule 4 (capital to be disregarded)—
(a)
(i)
omit “or” following sub-paragraph (2)(n); and
(ii)
“; or
(p)
universal credit”; and
(b)
“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.”.
27.
(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”.