SCHEDULEMODIFICATIONS

Article 2

Income Support (General) Regulations 1987

1.

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”.

Family Credit (General) Regulations 1987

2.

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”.

Disability Working Allowance (General) Regulations 1991

3.

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”.

Child Support (Maintenance Assessments and Special Cases) Regulations 1992

4.

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”.

Jobseeker’s Allowance Regulations 1996

5.

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”.

Housing Renewal Grants Regulations 1996

6.

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”.

State Pension Credit Regulations 2002

7.

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”.

Tax Credits (Definition and Calculation of Income) Regulations 2002

8.

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”.

Non-Contentious Probate Fees Order 2004

9.

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”.

Housing Benefit Regulations 2006

10.

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”.

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

11.

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”.

Gender Recognition (Application Fees) Order 2006

12.

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”.

Court of Protection Fees Order 2007

13.

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”.

Employment and Support Allowance Regulations 2008

14.

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”.

Magistrates’ Courts Fees Order 2008

15.

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”.

Civil Proceedings Fees Order 2008

16.

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”.

Family Proceedings Fees Order 2008

17.

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”.

Upper Tribunal (Lands Chamber) Fees Order 2009

18.

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”.

Supreme Court Fees Order 2009

19.

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”.

First-tier Tribunal (Gambling) Fees Order 2010

20.

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”.

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

21.

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”.

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

22.

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.”.

First-tier Tribunal (Property Chamber) Fees Order 2013

23.

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”.

Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

24.

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”.

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

25.

(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.”; and

(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”.

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

26.

(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.”; and

(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”.