The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013
W.S.I. 2013/3029 · Made 27 November 2013 · Extends to England and Wales
Council Tax, Wales
Made 27 November 2013
Coming into force in accordance with regulation 1(2)
The Welsh Ministers make the following Regulations in exercise of the powers conferred upon them by section 13A(4) of, and paragraphs 2 to 7 of Schedule 1B to, the Local Government Finance Act 1992f1.
In accordance with section 13A(8) of that Act, a draft of this instrument, has been laid before and approved by resolution of the National Assembly for Wales.
Annotations to the whole text
Footnotes
- f1
-
1992 c.14. Section 13A was substituted by section 10(1) of the Local Government Finance Act 2012 (c.17), and Schedule 1B was inserted by section 10(2) and Schedule 4 to that Act.
Contents
- Part 1: General
- 1Title, commencement and application
- 2Interpretation
- 3Meaning of “pensioner” and “person who is not a pensioner”
- 4Meaning of “couple”
- 5Polygamous marriages
- 6Meaning of “family”
- 7Circumstances in which a person is to be treated as responsible or not responsible for another
- 8Households
- 9Non-dependants
- 10Remunerative work
- Part 2: Council tax reduction schemes
- 11Schemes
- 12Duty to make schemes and exercise of functions by authorities
- 13First financial year of schemes
- 14Scheme requirements in relation to classes of persons
- 15Scheme requirements in relation to reductions
- 16Scheme procedural requirements
- 17Preparation of a scheme
- 18Revisions to and replacement of schemes
- 19Notice requiring provision of information to the Welsh Ministers
- 20Supply of documents
- Part 3: Prescribed classes of person who must be included in an authority’s scheme
- 21Classes of person who must be included in a scheme
- 22Class A: pensioners whose income is less than the applicable amount
- 23Class B: pensioners whose income is greater than the applicable amount
- 24Class C: persons who are not pensioners whose income is less than the applicable amount
- 25Class D: persons who are not pensioners whose income is greater than the applicable amount
- 26Periods of absence from a dwelling
- Part 4: Prescribed classes of person who must not be included in an authority’s scheme
- 27Classes of person who must not be included in a scheme
- 28Persons treated as not being in Great Britain
- 29Persons subject to immigration control
- 30Persons whose capital exceeds £16,000
- 31Students
- Part 5: Other matters that must be included in an authority’s scheme
- 32Provision for pensioners
- 33Provision for persons who are not pensioners
- 34Provision for pensioners and persons who are not pensioners
- Part 6: Revocation, transitional and savings provisions
- 35Interpretation
- 36Revocation and savings
- 37Persons to be treated as having made an application for a reduction
- 38Applications received between 15 February 2014 and 31 March 2014
- 39Date on which change of circumstances is to take effect
- 40Notification relating to change of circumstances
- Signature
- Schedule 1: Determining eligibility for a reduction under an authority’s scheme, amount of reduction and calculation of income and capital: pensioners
- Part 1: Applicable amounts for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction: pensioners
- 1Applicable amounts: pensioners (including pensioners in polygamous marriages)
- Part 2: Maximum council tax reduction for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction: pensioners
- 2Maximum council tax reduction under an authority’s scheme: pensioners
- 3Non-dependant deductions: pensioners
- Part 3: Amount of reduction under an authority’s scheme: pensioners
- 4Amount of reduction under an authority’s scheme: Classes A and B
- Part 4: Income and capital for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction: pensioners
- Chapter 1: General: pensioners
- 5Calculation of income and capital: applicant’s family and polygamous marriages: pensioners
- 6Circumstances in which capital and income of non-dependant is to be treated as applicant’s: pensioners
- Chapter 2: Income: pensioners in receipt of guarantee credit or savings credit: pensioners
- 7Pensioners in receipt of guarantee credit
- 8Calculation of pensioner’s income in savings credit only cases
- Chapter 3: Income: other pensioners
- 9Calculation of income and capital where state pension credit is not payable: pensioners
- 10Meaning of “income”: pensioners
- 11Calculation of weekly income: pensioners
- 12Earnings of employed earners: pensioners
- 13Calculation of net earnings of employed earners: pensioners
- 14Calculation of earnings self-employed earners: pensioners
- 15Earnings of self-employed earners: pensioners
- 16Notional income: pensioners
- 17Income paid to third parties: pensioners
- 18Calculation of income on a weekly basis: pensioners
- 19Treatment of child care charges: pensioners
- 20Additional condition referred to in paragraph 19(11)(b)(i): disability : pensioners
- 21Calculations of average weekly income from tax credits
- 22Disregard of changes in tax, contributions etc
- 23Calculation of net profit of self-employed earners
- 24Calculation of deduction of tax and contributions of self-employed earners
- Chapter 4: Capital
- 25Calculation of Capital
- 26Calculation of capital in the United Kingdom
- 27Calculation of capital outside the United Kingdom
- 28Notional capital
- 29Diminishing notional capital rule: pensioners
- 30Capital jointly held: pensioners
- 31Calculation of tariff income from capital: pensioners
- Part 5: Extended reductions: pensioners
- 32Extended reductions (qualifying contributory benefits): pensioners
- 33Duration of extended reduction period (qualifying contributory benefits): pensioners
- 34Amount of extended reduction (qualifying contributory benefits): pensioners
- 35Extended reductions (qualifying contributory benefits) — movers: pensioners
- 36Relationship between extended reduction (qualifying contributory benefits) and entitlement to a council tax reduction by virtue of falling within class A or B: pensioners
- 37Continuing reductions where state pension credit claimed: pensioners
- 38Extended reductions: movers into an authority’s area
- Part 6: Period of entitlement and change of circumstances
- 39Date on which entitlement begins
- 40Date on which change of circumstances is to take effect
- 41Change of circumstances where the state pension credit payment in payment
- Schedule 2: Applicable amounts: pensioners
- Part 1: Personal allowances
- 1Personal allowance
- 2Child or young person amounts
- Part 2: Family premium
- 3Family premium
- Part 3: Premiums
- 4Paragraph 4
- 5Paragraph 5
- 6Severe disability premium
- 7Enhanced disability premium
- 8Disabled child premium
- 9Carer premium
- 10Persons in receipt of concessionary payments
- 11Person in receipt of benefit
- 4Amounts of premium specified in Part 3
- Schedule 3: Sums disregarded from applicant’s earnings: pensioners
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 4: Amounts to be disregarded in the calculation of income other than earnings: pensioners
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 5: Capital disregards: pensioners
- Part 1: Capital to be disregarded
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 28Paragraph 28
- 28AParagraph 28A
- 28BParagraph 28B
- 28CParagraph 28C
- 28DParagraph 28D
- 28EParagraph 28E
- 28FParagraph 28F
- Part 2: Capital disregarded only for the purpose of determining deemed income
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Schedule 6: Determining eligibility for a reduction under an authority’s scheme, amount of reduction and calculation of income and capital: persons who are not pensioners
- Part 1: Applicable amounts for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction: persons who are not pensioners
- 1Applicable amounts: persons who are not pensioners
- 2Polygamous marriages: persons who are not pensioners
- 3Applicable amount: persons who are not pensioners who have an award of universal credit
- Part 2: Maximum council tax reduction for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- 4Maximum council tax reduction under an authority’s scheme: persons who are not pensioners
- 5Non-dependant deductions: persons who are not pensioners
- Part 3: Amount of reduction under an authority’s scheme
- 6Amount of reduction under an authority’s scheme: Classes C and D
- Part 4: Income and capital for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- Chapter 1: Income and capital: general
- 7Calculation of income and capital: applicant’s family and polygamous marriages: persons who are not pensioners
- 8Circumstances in which capital and income of non dependant is to be treated as applicant’s: persons who are not pensioners
- Chapter 2: Income and capital where there is an award of universal credit
- 9Calculation of income and capital: persons who are not pensioners who have an award of universal credit
- Chapter 3: Income: persons who are not pensioners
- 10Average weekly earnings of employed earners: persons who are not pensioners
- 10ADate on which income consisting of earnings from employment as an employed earner are taken into account: persons who are not pensioners
- 11Average weekly earnings of self-employed earners: persons who are not pensioners
- 12Average weekly income other than earnings: persons who are not pensioners
- 13Calculation of weekly income of employed earners: persons who are not pensioners
- 14Earnings of employed earners: persons who are not pensioners
- 15Calculation of net earnings of employed earners: persons who are not pensioners
- 16Earnings of self-employed earners: persons who are not pensioners
- 17Calculation of income other than earnings: persons who are not pensioners
- 18Capital treated as income: persons who are not pensioners
- 19Notional income: persons who are not pensioners
- Chapter 5: Income: persons who are not pensioners
- 20Calculation of income on a weekly basis
- 21Treatment of child care charges
- 22Calculations of average weekly income from tax credits
- 23Disregard of changes in tax, contributions etc
- 24Calculation of net profit of self-employed earners
- 25Calculation of deduction of tax and contributions of self-employed earners
- Chapter 3: Capital: persons who are not pensioners
- 26Calculation of capital: persons who are not pensioners
- 27Income treated as capital: persons who are not pensioners
- 28Calculation of capital in the United Kingdom: persons who are not pensioners
- 29Calculation of capital outside the United Kingdom: persons who are not pensioners
- 30Notional capital: persons who are not pensioners
- 31Diminishing notional capital rule: persons who are not pensioners
- 32Capital jointly held: persons who are not pensioners
- 33Calculation of tariff income: persons who are not pensioners
- Part 5: Extended reductions: persons who are not pensioners
- 34Extended reductions: persons who are not pensioners
- 35Duration of extended reduction: persons who are not pensioners
- 36Amount of extended reduction: persons who are not pensioners
- 37Extended reductions-movers: persons who are not pensioners
- 38Relationship between extended reduction and entitlement to reduction by virtue of falling within class C or D
- 39Extended reductions (qualifying contributory benefits): persons who are not pensioners
- 40Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners
- 41Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners
- 42Extended reductions (qualifying contributory benefits)-movers: persons who are not pensioners
- 43Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of falling within class C or D
- 44Extended reductions: movers into the authority’s area: persons who are not pensioners
- Part 6: Period of entitlement and change of circumstances
- 45Date on which entitlement begins: persons who are not pensioners
- 46Date on which change of circumstances is to take effect: persons who are not pensioners
- Schedule 7: Applicable amounts: persons who are not pensioners
- Part 1
- 1Personal allowances
- 2Personal allowances
- 3Personal allowances
- Part 2: Family premium
- 4Paragraph 4
- Part 3: Premiums
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Disability premium
- 10Additional condition for the disability premium
- 11Severe disability premium
- 12Enhanced disability premium
- 13Disabled child premium
- 14Carer premium
- 15Persons in receipt of concessionary payments
- 16Persons in receipt of benefit for another
- 4Amounts of premiums specified in Part 3
- Part 5: The components
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21The work-related activity component
- 22The support component
- Part 6: Amount of components
- 23Paragraph 23
- 24Paragraph 24
- Part 7: Transitional addition
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Part 8: Amount of transitional addition
- 28Paragraph 28
- 29Paragraph 29
- Schedule 8: Sums disregarded in the calculation of earnings: persons who are not pensioners
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Schedule 9: Sums disregarded in the calculation of income other than earnings: persons who are not pensioners
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- Schedule 10: Capital disregards: persons who are not pensioners
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- Schedule 11: Students
- Part 1: General
- 1Interpretation
- 2Treatment of Students
- 3Students who are excluded from entitlement to a council tax reduction under an authority’s scheme
- Part 2: Income
- 4Calculation of grant income
- 5Calculation of covenant income where a contribution is assessed
- 6Covenant income where no grant income or no contribution is assessed
- 7Relationship with amounts to be disregarded under Schedule 9
- 8Other amounts to be disregarded
- 9Treatment of student loans
- 10Treatment of fee loans
- 11Treatment of payments from access funds
- 12Disregard of contribution
- 13Further disregard of student’s income
- 14Income treated as capital
- 15Disregard of changes occurring during summer vacation
- Schedule 12: All applicants: matters that must be included in an authority’s scheme — procedural matters
- Part 1: Procedure for an application for a reduction under an authority’s scheme
- 1Procedure by which a person may apply for a reduction under an authority’s scheme
- 2Procedure by which a person may apply for a reduction under an authority’s scheme
- 3Procedure by which a person may apply for a reduction under an authority’s scheme
- 4Procedure by which a person may apply for a reduction under an authority’s scheme
- 5Procedure by which a person may apply for a reduction under an authority’s scheme
- 6Procedure by which a person may apply for a reduction under an authority’s scheme
- 7Procedure by which a person may apply for a reduction under an authority’s scheme
- 7AApplications: universal credit claimants
- Part 2: Procedure for making an appeal
- 8Procedure by which a person may make an appeal against certain decisions of the authority
- 9Procedure by which a person may make an appeal against certain decisions of the authority
- 10Procedure by which a person may make an appeal against certain decisions of the authority
- Part 3: Procedure for applying for a discretionary reduction
- 11Procedure for an application to an authority for a reduction under section 13A(1)(c) of the 1992 Act
- Part 4: Electronic communication
- 12Interpretation
- 13Conditions for the use of electronic communication
- 14Use of intermediaries
- 15Effect of delivering information by means of electronic communication
- 16Proof of identity of sender or recipient of information
- 17Proof of delivery of information
- 18Proof of content of information
- Schedule 13: All applicants: matters that must be included in an authority’s scheme — other matters
- Part 1: Applications
- 1Who may make an application
- 2Date on which an application is made
- 3Back-dating of applications: pensioners
- 4Back-dating of applications: persons who are not pensioners
- 5Evidence and information
- 6Amendment and withdrawal of application
- 7Duty to notify changes of circumstances
- Part 2: Decisions by an authority
- 8Decision by an authority
- 9Notification of decision
- Part 3: Award or payment of reduction
- 10The award or payment of a reduction under a scheme
- Schedule 14: Matters to be included in a notification
- Part 1: General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Awards of reductions where state pension credit or extended reduction (qualifying contributory benefits) is payable: pensioners
- 4Paragraph 4
- Part 3: Awards of reductions where state pension credit not in payment: pensioners
- 5Paragraph 5
- Part 4: Notification where no award of a reduction is made: pensioners
- 6Paragraph 6
- Part 5: Awards of reductions where income support, income-based jobseeker’s allowance, income related employment and support allowance, an extended reduction or an extended reduction (qualifying contributory benefits) is payable: persons who are not pensioners
- 7Paragraph 7
- Part 6: Awards of reduction where universal credit is payable: persons who are not pensioners
- 8Paragraph 8
- Part 7: Awards of reduction where no income support, income-based jobseeker’s allowance, income related employment and support allowance or universal credit is payable: persons who are not pensioners
- 9Paragraph 9
- Part 8: Notification where no award of a reduction is made: persons who are not pensioners
- 10Paragraph 10
- Part 9: Notification where income of non-dependant is treated as applicant’s income: pensioners and persons who are not pensioners
- 11Paragraph 11
- Explanatory note