The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013
W.S.I. 2013/3035 · 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)(c) and (5) of, and paragraph 6 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 a 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(5) and Schedule 4 to that Act.
Contents
- 1Title, commencement, application and revocation
- 2Default scheme
- Signature
- Schedule: Council Tax Reduction Schemes (Default Scheme) (Wales)
- Part 1: Introduction
- 1Title
- Part 2: Interpretation
- 2Interpretation
- 3Application of scheme: pensioners and persons who are not pensioners
- 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 3: Procedural matters
- 11Procedure for reduction applications and appeals against reduction decisions
- Part 4: Classes of person entitled to a reduction under this scheme
- 12Classes of person entitled to a reduction under this scheme
- 13Class A: pensioners whose income is less than the applicable amount
- 14Class B: pensioners whose income is greater than the applicable amount
- 15Class C: persons who are not pensioners whose income is less than the applicable amount
- 16Class D: persons who are not pensioners whose income is greater than the applicable amount
- 17Periods of absence from a dwelling
- Part 5: Classes of person excluded from this scheme
- 18Classes of person excluded from this scheme
- 19Class of person excluded from this scheme: persons treated as not being in Great Britain
- 20Class of person excluded from this scheme: persons subject to immigration control
- 21Class of person excluded from this scheme: capital limit
- 22Class of person excluded from this scheme: students
- Part 6: Applicable amounts for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
- 23Applicable amounts: pensioners (including pensioners in polygamous marriages)
- 24Applicable amounts: persons who are not pensioners
- 25Polygamous marriages: persons who are not pensioners
- 26Applicable amount: persons who are not pensioners who have an award of universal credit
- Part 7: Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
- 27Maximum council tax reduction under this scheme: pensioners and persons who are not pensioners
- 28Non-dependant deductions: pensioners and persons who are not pensioners
- Part 8: Amount of reduction under this scheme
- 29Amount of reduction under this scheme: Classes A to D
- Part 9: Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
- Chapter 1: Income and capital: general
- 30Calculation of income and capital: applicant’s family and polygamous marriages
- 31Circumstances in which capital and income of non-dependant is to be treated as applicant’s
- Chapter 2: Income and capital: pensioners in receipt of guarantee credit or savings credit
- 32Pensioners in receipt of guarantee credit
- 33Calculation of pensioner’s income in savings credit only cases
- Chapter 3: Income and capital where there is an award of universal credit
- 34Calculation of income and capital: persons who are not pensioners who have an award of universal credit
- Chapter 4: Income: other pensioners
- 35Calculation of income and capital where state pension credit is not payable: pensioners
- 36Meaning of “income”: pensioners
- 37Calculation of weekly income: pensioners
- 38Earnings of employed earners: pensioners
- 39Calculation of net earnings of employed earners: pensioners
- 40Calculation of earnings of self-employed earners: pensioners
- 41Earnings of self-employed earners: pensioners
- 42Notional income: pensioners
- 43Income paid to third parties: pensioners
- Chapter 5: Income: persons who are not pensioners
- 44Average weekly earnings of employed earners: persons who are not pensioners
- 44ADate on which income consisting of earnings from employment as an employed earner are taken into account: persons who are not pensioners
- 45Average weekly earnings of self-employed earners: persons who are not pensioners
- 46Average weekly income other than earnings: persons who are not pensioners
- 47Calculation of weekly income of employed earners: persons who are not pensioners
- 48Earnings of employed earners: persons who are not pensioners
- 49Calculation of net earnings of employed earners: persons who are not pensioners
- 50Earnings of self-employed earners: persons who are not pensioners
- 51Calculation of income other than earnings: persons who are not pensioners
- 52Capital treated as income: persons who are not pensioners
- 53Notional income: persons who are not pensioners
- Chapter 6: Income: pensioners and persons who are not pensioners
- 54Calculation of income on a weekly basis
- 55Treatment of child care charges
- 56Calculation of average weekly income from tax credits
- 57Disregard of changes in tax, contributions etc
- 58Calculation of net profit of self-employed earners
- 59Calculation of deduction of tax and contributions of self-employed earners
- Chapter 7: Capital
- 60Calculation of capital
- 61Income treated as capital: persons who are not pensioners
- 62Calculation of capital in the United Kingdom
- 63Calculation of capital outside the United Kingdom
- 64Notional capital
- 65Diminishing notional capital rule: pensioners
- 66Diminishing notional capital rule: persons who are not pensioners
- 67Capital jointly held
- 68Calculation of tariff income from capital: pensioners
- 69Calculation of tariff income from capital: persons who are not pensioners
- Part 10: Students
- Chapter 1: General
- 70Interpretation
- 71Treatment of students
- 72Students who are excluded from entitlement to a council tax reduction under this scheme
- Chapter 2: Income
- 73Calculation of grant income
- 74Calculation of covenant income where a contribution is assessed
- 75Covenant income where no grant income or no contribution is assessed
- 76Relationship with amounts to be disregarded under Schedule 7
- 77Other amounts to be disregarded
- 78Treatment of student loans
- 79Treatment of fee loans
- 80Treatment of payments from access funds
- 81Disregard of contribution
- 82Further disregard of student’s income
- 83Income treated as capital
- 84Disregard of changes occurring during summer vacation
- Part 11: Extended reductions
- 85Extended reductions: pensioners
- 86Extended reductions (qualifying contributory benefits): pensioners
- 87Duration of extended reduction period (qualifying contributory benefits): pensioners
- 88Amount of extended reduction (qualifying contributory benefits): pensioners
- 89Extended reductions (qualifying contributory benefits)-movers: pensioners
- 90Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of falling within class A or B
- 91Continuing reductions where state pension credit claimed: pensioners
- 92Extended reductions: persons who are not pensioners (general)
- 93Extended reductions: persons who are not pensioners
- 94Duration of extended reduction period: persons who are not pensioners
- 95Amount of extended reduction: persons who are not pensioners
- 96Extended reductions-movers: persons who are not pensioners
- 97Relationship between extended reduction and entitlement to reduction by virtue of falling within class C or D
- 98Extended reductions (qualifying contributory benefits): persons who are not pensioners
- 99Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners
- 100Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners
- 101Extended reductions (qualifying contributory benefits)-movers: persons who are not pensioners
- 102Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of falling within class C or D
- 103Extended reductions: movers into the authority’s area: pensioners and persons who are not pensioners
- Part 12: Period of entitlement and change of circumstances
- 104Date on which entitlement begins
- 105Date on which change of circumstances is to take effect
- 106Change of circumstances where state pension credit in payment
- Part 13: Applications
- 107Who may make an application
- 108Date on which an application is made
- 109Back-dating of applications: pensioners
- 110Back-dating of applications: persons who are not pensioners
- 111Evidence and information
- 112Amendment and withdrawal of application
- 113Duty to notify changes of circumstances
- Part 14: Decisions by authority
- 114Decision by authority
- 115Notification of decision
- Part 15: Award or payment of reduction
- 116The award or payment of a reduction under this scheme
- Schedule 1: Procedural matters
- Part 1: Procedure for an application for a reduction under this scheme
- 1Procedure by which a person may apply for a reduction under this scheme
- 2Procedure by which a person may apply for a reduction under this scheme
- 3Procedure by which a person may apply for a reduction under this scheme
- 4Procedure by which a person may apply for a reduction under this scheme
- 5Procedure by which a person may apply for a reduction under this scheme
- 6Procedure by which a person may apply for a reduction under this scheme
- 7Procedure by which a person may apply for a reduction under this 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 the 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 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: Applicable amounts: persons who are not pensioners
- Part 1
- 1Personal allowances
- 2Paragraph 2
- 3Paragraph 3
- 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 4: 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 5: 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 6: 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 7: 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 8: 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 purposes of determining deemed income
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Schedule 9: 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 10: 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 payment (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 payment or an extended payment (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