The Council Tax Reduction (Scotland) Regulations 2021

PART 6 S Work-related activity and support components

Work-related activity and support components S

18.—(1) Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—

(a) the applicant or the applicant’s partner has made a claim for employment and support allowance, [F1 or]

[F2 (aa) the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit,]

(b) the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity, and

(c) [F3 where the applicant or the applicant’s partner has made a claim for employment and support allowance,] either—

(i) the assessment phase as defined in section 24(2) of the 2007 Act has ended, or

(ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply)(1) [F4 or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the requirement that the assessment phase has ended before entitlement to the support component arises does not apply)] applies.

(2) In this Part—

(a) “limited capability for work”—

(i) [F5 in the case of an applicant who has an award of universal credit, in the case where the partner of an applicant has an award of universal credit, or in the case where the couple jointly has an award of universal credit] has the meaning given to it in regulation 39 of the 2013 Regulations,

(ii) in all other cases, has the meaning given to it in section 1(4) of the 2007 Act,

(b) “limited capability for work-related activity”—

(i) [F6 in the case of an applicant who has an award of universal credit, in the case where the partner of an applicant has an award of universal credit, or in the case where the couple jointly has an award of universal credit] has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations,

(ii) in all other cases, has the meaning given to it in section 2(5) of the 2007 Act.

Textual Amendments

F1 Word in sch. 1 para. 18(1)(a) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(i)

F2 Sch. 1 para. 18(1)(aa) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(ii)

F3 Words in sch. 1 para. 18(1)(c) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iii)(aa)

F4 Words in sch. 1 para. 18(1)(c)(ii) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iii)(bb)

F5 Words in sch. 1 para. 18(2)(a)(i) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iv)

F6 Words in sch. 1 para. 18(2)(b)(i) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iv)

Commencement Information

I1 Sch. 1 para. 18 in force at 1.4.2022, see reg. 1

19.—(1) Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or the applicant’s partner is entitled to a converted employment and support allowance or would be entitled but for the application of section 1A of the 2007 Act (duration of contributory allowance)(2).

(2) In this paragraph, a “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations.

Commencement Information

I2 Sch. 1 para. 19 in force at 1.4.2022, see reg. 1

20.—(1) The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 11 and 12.

(2) [F7 Subject to sub-paragraph (3), where] the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.

[F8 (3) Where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit, and the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component which is to be included in the applicant’s applicable amount is that which is of the highest amount.]

Textual Amendments

F7 Words in sch. 1 para. 20(2) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(f)(i)

F8 Sch. 1 para. 20(3) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(f)(ii)

Commencement Information

I3 Sch. 1 para. 20 in force at 1.4.2022, see reg. 1

Work-related activity component S

21.  The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work.

Commencement Information

I4 Sch. 1 para. 21 in force at 1.4.2022, see reg. 1

Support component S

22.  The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work-related activity.

Commencement Information

I5 Sch. 1 para. 22 in force at 1.4.2022, see reg. 1

Amount of work-related activity component S

23.  The amount of the work-related activity component is [F9 £33.70].

Textual Amendments

F9 Sum in sch. 1 para. 23 substituted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 20(j)

Commencement Information

I6 Sch. 1 para. 23 in force at 1.4.2022, see reg. 1

Amount of support component S

24.  The amount of the support component is [F10 £44.70].

Textual Amendments

F10 Sum in sch. 1 para. 24 substituted (1.4.2023) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/38), regs. 1, 20(k)

Commencement Information

I7 Sch. 1 para. 24 in force at 1.4.2022, see reg. 1

(1)

Regulation 7 was amended by S.I. 2008/3051, S.I. 2010/840, S.I. 2012/874, S.I. 2012/913, S.I. 2012/919, S.I. 2017/204 and S.I. 2017/581.

(2)

Section 1A was inserted by section 51 of the 2012 Act and amended by paragraph 26 of schedule 3 and paragraph 1 of schedule 14 of that Act.