There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
6.—(1) The applicable amount for a pensioner(1) for a week is the aggregate of such of the following amounts as apply in his case—
(a)an amount in respect of his personal allowance, determined in accordance with paragraph 1 of Schedule 2 to these Regulations;
[F1(b)an amount determined in accordance with paragraph 2 of that Schedule in respect of up to two individuals who are either children or young persons and who are members of his family;]
(c)if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3 of that Schedule (family premium);
(d)the amount of any premiums which may be applicable to him, determined in accordance with Parts 3 and 4 of that Schedule (premiums).
[F2(1A) For the purposes of sub-paragraph (1)(b) as it applies apart from sub-paragraph (1C), where the family includes more than two individuals who are either children or young persons and under paragraph 2 of that Schedule a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount.
(1B) Sub-paragraph (1C) applies where—
(a)(whether or not as part of a tax credit couple as defined in section 3(5A) of the Tax Credits Act 2002) the applicant has an award of child tax credit (whether or not any amount is payable by way of such credit) in respect of a child or young person who is a member of his family; and
(b)the total amount to be included in the applicable amount under sub-paragraph (1)(b) as substituted by sub-paragraph (1C) would be higher than the total amount that would be included under paragraph (1)(b) apart from sub-paragraph (1C).
(1C) Where this paragraph applies, for sub-paragraph (1)(b) substitute—
(b)an amount determined in accordance with paragraph 2 of that Schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit;]
(2) In Schedule 2—
[F3“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;]
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005(2).
Textual Amendments
F1Words in Sch. 1 para. 6(1)(b) substituted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 7(a) (with reg. 17)
F2Sch. 1 para. 6(1A)-(1C) inserted (12.1.2018 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(1), 7(b) (with reg. 17)
F3Words in Sch. 1 para. 6(2) substituted (13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (S.I. 2013/3181), regs. 1(1), 2(7)(b)
Commencement Information
I1Sch. 1 para. 6 in force at 27.11.2012, see reg. 1(1)
Including pensioners who are in polygamous marriages by virtue of regulation 5.
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