PART 2Amendment of the Council Tax Reduction (Scotland) Regulations 2012

Amendment of references to the Independent Living Fund (2006) and the Scottish Welfare Fund4

1

In regulation 2(1) (interpretation)4—

a

before the definition of “Immigration and Asylum Act” 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 “water charges” insert—

  • “welfare fund” means any fund maintained by a local authority in terms of section 1 of the Welfare Funds (Scotland) Act 20155;

2

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

a

regulation 41(4)(a) (payments that are not notional income);

b

regulation 45(6) (payments that are not to be treated as capital);

c

regulation 48(4)(a) (payments that are not notional capital);

d

regulation 67(9)(b) (payments to be disregarded for non-dependant deductions);

e

paragraph 2(b) of Schedule 2 (payments to be disregarded in determining income);

f

paragraph 41(1) and (7) of Schedule 4 (payments to be disregarded in the calculation of income other than earnings); and

g

paragraphs 29(1) and (7) and 38 of Schedule 5 (payments to be disregarded in calculating capital).

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 “under the Independent Living Fund (2006)” in each of regulation 86(3)(b) and (c) (payments that need not be evidenced) substitute “by ILF Scotland”.

5

In Schedule 4, for paragraph 37(a) (payments to be disregarded in the calculation of income other than earnings) substitute—

a

from a welfare fund;

6

In Schedule 5, for paragraph 25(a) (payments to be disregarded in calculating capital) substitute—

a

from a welfare fund;