Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20122

1

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20123 are amended as follows.

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

for the definition of “contributory employment and support allowance” substitute—

  • “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 20074 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 20125 that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

ii

omit the definition of “service user group”;

b

after paragraph (7) insert—

8

References in these Regulations to an applicant participating as a service user are to—

a

a person who is being consulted by or on behalf of—

i

a body which has a statutory duty to provide services in the field of health, social care or social housing; or

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

b

the carer of a person consulted as described in sub-paragraph (a) where the carer is not being consulted as described in that sub-paragraph.

3

In regulation 6 (meaning of “family”)—

a

omit the “or” following paragraph (3)(a);

b

after paragraph (3)(b) insert—

; or

c

entitled to an award of universal credit.

4

In regulation 12(5) (persons treated as not being in Great Britain)—

a

in sub-paragraph (h) omit “, an income-based jobseeker’s allowance”;

b

omit the “or” following sub-paragraph (h);

c

after sub-paragraph (h) add—

ha

in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (4); or

5

In Schedule 1 (pensioners: matters that must be included in an authority’s scheme)—

a

in paragraph 8 (non-dependant deductions)—

i

in sub-paragraph (1)(a) for “£11.25” substitute “£11.36”;

ii

in sub-paragraph (1)(b) for “£3.70” substitute “£3.74”;

iii

in sub-paragraph (2)(a) for “£188.00” substitute “£189.00”;

iv

in sub-paragraph (2)(b) for “£188.00”, “£326.00” and “£7.45” substitute “£189.00”, “£328.00” and “£7.52” respectively;

v

in sub-paragraph (2)(c) for “£326.00”, “£406.00” and “£9.40” substitute “£328.00”, “£408.00” and “£9.49” respectively;

vi

in sub-paragraph (8)—

aa

omit the “or” following paragraph (a);

bb

after paragraph (b) add—

; or

c

who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.

vii

after sub-paragraph (11) insert—

11A

For the purposes of sub-paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 20136.

b

in the following provisions for “applicant’s participation in a service user group” substitute “applicant participating as a service user”—

i

paragraph 18(2)(f) (earnings of employed earners);

ii

paragraph 22(12) (notional income);

iii

paragraph 23(3) (income paid to third parties);

c

in paragraph 25 (treatment of child care charges)—

i

in sub-paragraph (10)(c) and (e) after “Employment and Support Allowance Regulations 2008” insert “or the Employment and Support Allowance Regulations 20137”;

ii

in sub-paragraph (10)(g) for “or allowance to which sub-paragraph (vii) or (viii)” substitute “or allowance or payment to which sub-paragraph (v), (vii) or (viii)”;

iii

in sub-paragraph (13)(b) for “would be payable but for” substitute “has ceased to be payable by virtue of”;

d

in the following provisions for “social security contributions” substitute “national insurance contributions”—

i

paragraph 28(c) (disregard of changes in tax, contributions etc);

ii

in paragraph 29 (calculation of net profit of self-employed earners)—

aa

sub-paragraph (1)(b)(i);

bb

sub-paragraph (2)(b)(ii);

cc

sub-paragraph (8)(a)(ii);

iii

paragraph 30(3) (calculation of tax and contributions of self-employed earners).

6

In Schedule 2 (applicable amounts)—

a

in column (2) of the Table in paragraph 1—

i

in sub-paragraph (1)(a) for “£148.35” substitute “£151.20”;

ii

in sub-paragraph (1)(b) for “£165.15” substitute “£166.05”;

iii

in sub-paragraph (2)(a) for “£226.50” substitute “£230.85”;

iv

in sub-paragraph (2)(b) for “£247.20” substitute “£248.28”;

v

in sub-paragraph (3)(a) for “£226.50” substitute “£230.85”;

vi

in sub-paragraph (3)(b) for “£78.15” substitute “£79.65”;

vii

in sub-paragraph (4)(a) for “£247.20” substitute “£248.28”;

viii

in sub-paragraph (4)(b) for “£82.05” substitute “£82.26”;

b

in column (2) of the Table in paragraph 2 for “£66.33” in each place where it occurs substitute “£66.90”;

c

in the second column of the Table in Part 4—

i

in paragraph (1)(a) and (b)(i) for “£61.10” substitute “£61.85”;

ii

in paragraph (1)(b)(ii) for “£122.20” substitute “£123.70”;

iii

in paragraph (2) for “£24.08” substitute “£24.43”;

iv

in paragraph (3) for “£59.50” substitute “£60.06”;

v

in paragraph (4) for “£34.20” substitute “£34.60”.

7

In column (1) of the Table in paragraph 1 of Schedule 3 (amount of alternative maximum council tax reduction)—

a

in paragraph (b)(i) for “£185.00” substitute “£187.00”;

b

in paragraph (b)(ii) for “£185.00” and “£241.00” substitute “£187.00” and “£243.00” respectively.

8

In Schedule 4 (sums disregarded from applicant’s earnings)—

a

in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations 2008” insert “or regulation 7 of the Employment and Support Allowance Regulations 2013”;

b

in paragraph 6(6)(a) after “Employment and Support Allowance Regulations 2008” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013”.

9

In paragraph 19(2)(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£57.35” substitute “£57.90”.

10

In Schedule 6 (capital disregards)—

a

in paragraph 21(2)—

i

omit the “or” following paragraph (o);

ii

after paragraph (p) insert—

; or

q

universal credit.

b

in paragraph 22(2)(b) after “Jobseeker’s Allowance Regulations” insert “19968”;

c

in paragraph 22(2)(e) after “Employment and Support Allowance Regulations” insert “20089”.