SCHEDULEMODIFICATIONS

Article 2

Income Support (General) Regulations 1987I11

In—

a

paragraph 58 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

b

paragraph 67 of Schedule 10 (capital to be disregarded),

to the Income Support (General) Regulations 19873, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 20134”.

Annotations:
Commencement Information
I1

Sch. para. 1 in force at 1.4.2014, see art. 1(2)

Family Credit (General) Regulations 1987I22

In paragraph 57 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 19875, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I2

Sch. para. 2 in force at 1.4.2014, see art. 1(2)

Disability Working Allowance (General) Regulations 1991I33

In paragraph 55 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations 19916, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I3

Sch. para. 3 in force at 1.4.2014, see art. 1(2)

Child Support (Maintenance Assessments and Special Cases) Regulations 1992I44

In paragraph 48C of Schedule 2 (amounts to be disregarded when calculating or estimating N and M (parent’s net income)) to the Child Support (Maintenance Assessments and Special Cases) Regulations 19927, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I4

Sch. para. 4 in force at 1.4.2014, see art. 1(2)

Jobseeker’s Allowance Regulations 1996I55

In—

a

paragraph 56 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings); and

b

paragraph 60 of Schedule 8 (capital to be disregarded),

to the Jobseeker’s Allowance Regulations 19968, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I5

Sch. para. 5 in force at 1.4.2014, see art. 1(2)

Housing Renewal Grants Regulations 1996I66

In paragraph 59 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants Regulations 19969, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I6

Sch. para. 6 in force at 1.4.2014, see art. 1(2)

State Pension Credit Regulations 2002I77

In paragraph 23C of Part I (capital disregarded for the purpose of calculating income) of Schedule V (income from capital) to the State Pension Credit Regulations 200210—

a

omit “by virtue of regulations made under”;

b

at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

c

for paragraph (b) substitute—

b

as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or

Annotations:
Commencement Information
I7

Sch. para. 7 in force at 1.4.2014, see art. 1(2)

Tax Credits (Definition and Calculation of Income) Regulations 2002I88

In item 14 of Table 6 (sums disregarded in the calculation of income) in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 200211—

a

omit “section 12B of the Social Work (Scotland) Act 1968,”; and

b

after “2002”, insert “or as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I8

Sch. para. 8 in force at 1.4.2014, see art. 1(2)

Non-Contentious Probate Fees Order 2004I99

In paragraph 1(1) (interpretation) of Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 200412, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I9

Sch. para. 9 in force at 1.4.2014, see art. 1(2)

Housing Benefit Regulations 2006I1010

In—

a

paragraph 57 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings); and

b

paragraph 58 of Schedule 6 (capital to be disregarded),

to the Housing Benefit Regulations 200613, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I10

Sch. para. 10 in force at 1.4.2014, see art. 1(2)

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1111

In paragraph 26D of Part 1 (capital to be disregarded generally) of Schedule 6 (capital to be disregarded) to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614—

a

omit “by virtue of regulations made under”;

b

at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

c

for paragraph (b) substitute—

b

as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or

Annotations:
Commencement Information
I11

Sch. para. 11 in force at 1.4.2014, see art. 1(2)

Gender Recognition (Application Fees) Order 2006I1212

In paragraph 1(1) (interpretation) of the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 200615, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I12

Sch. para. 12 in force at 1.4.2014, see art. 1(2)

Court of Protection Fees Order 2007I1313

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Court of Protection Fees Order 200716, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I13

Sch. para. 13 in force at 1.4.2014, see art. 1(2)

Employment and Support Allowance Regulations 2008I1414

In—

a

paragraph 53 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

b

paragraph 56 of Schedule 9 (capital to be disregarded),

to the Employment and Support Allowance Regulations 200817, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I14

Sch. para. 14 in force at 1.4.2014, see art. 1(2)

Magistrates’ Courts Fees Order 2008I1515

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Magistrates’ Courts Fees Order 200818, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I15

Sch. para. 15 in force at 1.4.2014, see art. 1(2)

Civil Proceedings Fees Order 2008I1616

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Civil Proceedings Fees Order 200819, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I16

Sch. para. 16 in force at 1.4.2014, see art. 1(2)

Family Proceedings Fees Order 2008I1717

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Family Proceedings Fees Order 200820, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 201321”.

Annotations:
Commencement Information
I17

Sch. para. 17 in force at 1.4.2014, see art. 1(2)

Upper Tribunal (Lands Chamber) Fees Order 2009I1818

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Upper Tribunal (Lands Chamber) Fees Order 200922, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I18

Sch. para. 18 in force at 1.4.2014, see art. 1(2)

Supreme Court Fees Order 2009I1919

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Supreme Court Fees Order 200923, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I19

Sch. para. 19 in force at 1.4.2014, see art. 1(2)

First-tier Tribunal (Gambling) Fees Order 2010I2020

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Gambling) Fees Order 201024, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I20

Sch. para. 20 in force at 1.4.2014, see art. 1(2)

Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011I2121

In paragraph 1(1) (interpretation) of Schedule 2 (remissions) to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201125, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I21

Sch. para. 21 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012I2222

In Schedule 6 (capital disregards) to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 201226—

a

in paragraph 29, omit paragraph (b); and

b

after paragraph 29 insert—

29ZA

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

Annotations:
Commencement Information
I22

Sch. para. 22 in force at 1.4.2014, see art. 1(2)

First-tier Tribunal (Property Chamber) Fees Order 2013I2323

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Property Chamber) Fees Order 201327, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I23

Sch. para. 23 in force at 1.4.2014, see art. 1(2)

Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013I2424

In paragraph 1(1) (interpretation) of Schedule 3 (remissions and part remissions) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 201328, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Annotations:
Commencement Information
I24

Sch. para. 24 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013I2525

1

The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 201329 are amended as follows.

2

In paragraph 28 of Schedule 5 (capital disregards: pensioners), omit paragraph (b).

3

After paragraph 28 of Schedule 5 insert—

a

in the English text—

28A

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

b

in the Welsh text—

28A

Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.

4

In paragraph 59 of Schedule 9 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) and paragraph 60 of Schedule 10 (capital disregards: persons who are not pensioners)—

a

in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

b

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

Annotations:
Commencement Information
I25

Sch. para. 25 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013I2626

1

The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 201330 is amended as follows.

2

In paragraph 59 of Schedule 7 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

a

in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

b

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

3

In paragraph 28 of Part 1 of Schedule 8 (capital to be disregarded), omit paragraph (b).

4

After paragraph 28 of Schedule 8 insert—

a

in the English text—

28A

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

b

in the Welsh text—

28A

Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.

5

In paragraph 60 of Schedule 9 (capital disregards: persons who are not pensioners)—

a

in the English text, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

b

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.