Welsh Statutory Instruments

2013 No. 1048 (W.110)

COUNCIL TAX, WALES

The Council Tax (Discount Disregards) (Amendment No. 2) (Wales) Order 2013

Made

1 May 2013

Laid before the National Assembly for Wales

5 May 2013

Coming into force

The Welsh Ministers make the following Order in exercise of the powers conferred upon the Secretary of State by paragraph 2 of Schedule 1 to the Local Government Finance Act 1992(1) and now vested in them(2).

Title, commencement and application

1.—(1) The title of this Order is the Council Tax (Discount Disregards) (Amendment No. 2) (Wales) Order 2013 and it comes into force on 24 May 2013.

(2) This Order applies in relation to Wales.

Amendment of the Council Tax (Discount Disregards) Order 1992

2. Paragraph (2) of article 3 of the Council Tax (Discount Disregards) Order 1992(3) is amended as follows—

(a)at the end of sub-paragraph (m)(4) for “.” substitute “;”;

(b)after sub-paragraph (m) insert—

“(n)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(5).”

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

1 May 2013

Explanatory Note

(This note is not part of the Order)

The Council Tax (Discount Disregards) Order 1992 (“the 1992 Order”) prescribes conditions which must be fulfilled by severely mentally impaired persons and various persons of other descriptions in order for them to be disregarded for the purposes of council tax discounts which are prescribed for by section 11 of the Local Government Finance Act 1992.

The 1992 Order prescribes that to be disregarded for the purposes of council tax discounts a severely mentally impaired person must be in receipt of a qualifying benefit. Article 2 amends the conditions of the 1992 Order to include armed forces independence payment within the definition of a qualifying benefit.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

(1)

1992 c. 14.

(2)

Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1992/548. Paragraph (2) has been amended by S.I. 1994/543; S.I. 1995/619; S.I. 1996/636; S.I. 1997/656; S.I. 2013/388; S.I. 2013/591; S.I. 2013/630 and S.I. 2013/638 (W.71).

(4)

Sub-paragraphs (l) and (m) were inserted by S.I. 2013/638 (W.71).

(5)

S.I. 2011/517.