2020 No. 23
The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 113(1) and (2) of, and paragraph 2 of Schedule 1A to, the Local Government Finance Act 19921:
Citation, commencement and application1
1
These Regulations may be cited as the Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2020 and come into force on 11th February 2020.
Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20122
The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20124 are amended as follows.
Amendment of regulation 23
In regulation 2 (interpretation)—
a
at the appropriate place in the alphabetical order, insert—
“the Grenfell Tower charitable funds” means the funds identified in the document entitled “Charity Commission for England and Wales – Grenfell Tower charitable funds update – 29th January 2019”5;
“the Grenfell Tower Residents’ Discretionary Fund” means the £5 million fund announced on 16th June 2017 and administered by Westminster City Council for the benefit of households affected by the fire at Grenfell Tower on 14th June 2017;
“Grenfell Tower support payment” means any payment made by the council of the Royal Borough of Kensington and Chelsea to an individual as a result of the fire at Grenfell Tower on 14th June 2017;
“parental bereavement leave” means leave under section 80EA of the Employment Rights Act 19966;
“statutory parental bereavement pay” means a payment to which a person is entitled in accordance with section 171ZZ6 of the Social Security Contribution and Benefits Act 19927;
“the Windrush Compensation Scheme” means—
a
the scheme of that name8 operated by the Secretary of State for the purpose of compensating individuals who have suffered loss in connection with being unable to demonstrate their lawful status in the United Kingdom; and
b
the policy entitled “Windrush Scheme: Support in urgent and exceptional circumstances”9 which was operated by the Secretary of State for the purpose of compensating individuals who, for urgent and exceptional reasons, required support in advance of the scheme referred to in paragraph (a) of this definition becoming operational;
b
for the definition of “qualifying person”, substitute—
“qualifying person” means—
- a
a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, the Scottish Infected Blood Support Scheme, an approved blood scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund, the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund, the Windrush Compensation Scheme or the London Bombings Relief Charitable Fund; or
- b
a person who has received a Grenfell Tower support payment;
Amendment of regulation 44
In regulation 4 (meaning of “couple”), in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Amendment of regulation 105
In regulation 10 (remunerative work), in paragraph (7), after “shared parental leave” insert “, parental bereavement leave”.
Amendment of regulation 126
In regulation 12 (persons treated as not being in Great Britain)—
a
in paragraph (4)—
i
in sub-paragraph (a), omit “or Article 6 of Council Directive 2004/38/EC”;
ii
omit sub-paragraph (ab);
iii
in sub-paragraph (b)—
aa
for “15A(1)” substitute “16”;
bb
for “(4A)” substitute “(5)”;
cc
omit the words from “or Article 20” to the end;
b
after paragraph (4) insert—
4A
For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 197110 by virtue of—
a
article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 201911 made under section 3A of that Act;
b
Appendix EU to the immigration rules made under section 3(2) of that Act; or
c
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act.
c
in paragraph (5)—
i
after sub-paragraph (h), insert “or”;
ii
at the end of sub-paragraph (ha), omit “or”;
iii
omit sub-paragraph (i);
d
in paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “201612”.
Amendment of Schedule 17
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 “£12.20” substitute “£12.40”;
ii
in sub-paragraph (1)(b), for “£4.00” substitute “£4.05”;
iii
in sub-paragraph (2)(a), for “£207.70” substitute “£217.00”;
iv
in sub-paragraph (2)(b), for “£207.70”, “£360.10” and “£8.10” substitute “£217.00”, “£377.00” and “£8.25” respectively;
v
in sub-paragraph (2)(c), for “£360.10”, “£447.40” and “£10.20” substitute “£377.00”, “£469.00” and “£10.35” respectively;
vi
in sub-paragraph (9)(b), after “the We Love Manchester Emergency Fund” insert “, the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund, the Windrush Compensation Scheme”;
vii
after sub-paragraph (9)(b), insert—
ba
any Grenfell Tower support payment which is paid as income in kind (see sub-paragraph (13));
viii
in sub-paragraph (10)(a), after “the We Love Manchester Emergency Fund” insert “, the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund, the Windrush Compensation Scheme”;
ix
after sub-paragraph (10)(a), insert—
aa
any Grenfell Tower support payment;
x
in sub-paragraph (10)(b), after “paragraph (a) refers” insert “or from a Grenfell Tower support payment”;
xi
in sub-paragraph (10)(c), after “paragraph (a) refers” insert “or from a Grenfell Tower support payment”;
xii
in sub-paragraph (10)(d), after “paragraph (a) refers” insert “or from a Grenfell Tower support payment”;
xiii
in sub-paragraph (10)(e), after “paragraph (a) refers” insert “or from a Grenfell Tower support payment”;
xiv
for sub-paragraph (10)(f), substitute—
f
in the case of a person to whom or for whose benefit a payment referred to in this sub-paragraph is made, any income which derives from—
i
any payment of income or capital made under or deriving from any of the Trusts referred to in paragraph (a); or
ii
a Grenfell Tower support payment;
b
in paragraph 16(1)(j) (meaning of income)—
i
after sub-paragraph (xvia), insert—
xvib
statutory parental bereavement pay under Part 12ZD of that Act13;
ii
after sub-paragraph (xx), insert—
xxi
early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 201814;
xxii
funeral expense assistance given in accordance with section 34 of that Act;
c
in paragraph 18 (earnings of employed earners), after sub-paragraph (1)(ja) insert—
jb
statutory parental bereavement pay under Part 12ZD of that Act15;
d
in paragraph 19 (calculation of net earnings of employed earners), in sub-paragraph (2)(d), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;
e
in paragraph 25 (treatment of child care charges)—
i
in sub-paragraph (14)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
cc
in paragraph (c), after “statutory shared parental pay by virtue of section 171ZU or 171ZV of that Act16” insert “, statutory parental bereavement pay by virtue of section 171ZZ6 of that Act”;
ii
in sub-paragraph (15)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraph (b), for “statutory shared paternity pay” substitute “statutory shared parental pay, statutory parental bereavement pay”;
cc
in paragraph (c), for “statutory shared paternity pay” substitute “statutory shared parental pay, statutory parental bereavement pay”.
Amendment of Schedule 28
In Schedule 2 (applicable amounts)—
a
in column (2) of the Table in paragraph 1 (personal allowance)—
i
in paragraph (1) for “£181.00” substitute “£187.75”;
ii
in paragraph (2) for “£270.60” substitute “£280.85”;
iii
in paragraph (3)(a) for “£270.60” substitute “£280.85”;
iv
in paragraph (3)(b) for “£89.60” substitute “£93.10”;
b
in column (2) of the Table in paragraph 2(1) (child or young person amounts), in paragraphs (a) and (b), for “£66.90” substitute “£68.27”;
c
in the second column of the Table in Part 4 (amounts of premium specified in Part 3)—
i
in paragraph (1)(a) and (b)(i) for “£65.85” substitute “£66.95”;
ii
in paragraph (1)(b)(ii) for “£131.70” substitute “£133.90”;
iii
in paragraph (2) for “£26.04” substitute “£26.60”;
iv
in paragraph (3) for “£64.19” substitute “£65.52”;
v
in paragraph (4) for “£36.85” substitute “£37.50”.
Amendment of Schedule 39
In Schedule 3 (amount of alternative maximum council tax reduction), in column (1) of the Table in paragraph 1—
a
in sub-paragraph (b)(i), for “£206.00” substitute “£215.00”;
b
in sub-paragraph (b)(ii), for £206.00” and “£266.00” substitute “£215.00” and “£279.00” respectively.
Amendment of Schedule 510
In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings), in paragraph 19(2)(b), for “£57.90” substitute “£58.90”.
Amendment of Schedule 611
In Schedule 6 (capital disregards), in Part 1 (capital to be disregarded)—
a
in paragraph 16—
i
in sub-paragraph (1)(a), after “the We Love Manchester Emergency Fund” insert “, the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund, the Windrush Compensation Scheme”;
ii
after sub-paragraph (1), insert—
1A
Any Grenfell Tower support payment.
iii
in sub-paragraph (2), after “any of the Trusts” insert “or from a Grenfell Tower support payment”;
iv
in sub-paragraph (3), after “any of the Trusts” insert “or from a Grenfell Tower support payment”;
v
in sub-paragraph (5), after “any of the Trusts” insert “or from a Grenfell Tower support payment”;
vi
in sub-paragraph (6), after “any of the Trusts” insert “or from a Grenfell Tower support payment”;
vii
for sub-paragraph (7), substitute—
7
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from—
a
any payment of income or capital made under or deriving from any of the Trusts; or
b
a Grenfell Tower support payment.
b
in paragraph 21(2)—
i
at the end of paragraph (p), omit “or”;
ii
after paragraph (q), insert—
r
maternity allowance under section 35 of the SSCBA17 (state maternity allowance for employed or self-employed earner);
s
early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018; or
t
funeral expense assistance given in accordance with section 34 of that Act
Amendment of Schedule 812
In Schedule 8 (all applicants: matters that must be included in an authority’s scheme – other matters), in paragraph 7 (information and evidence)—
a
in sub-paragraph (7)(a), after “the We Love Manchester Emergency Fund” insert “, the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund, the Windrush Compensation Scheme”;
b
after paragraph 7(a), insert—
aa
a Grenfell Tower support payment;
Signed by authority of the Secretary of State for Housing, Communities and Local Government
(This note is not part of the Regulations)