Paragraph 72 Students who are excluded from entitlement to a council tax reduction under this scheme

(1)

The students who are excluded from entitlement to a reduction under this scheme are—

(a)

students who are pensioners^f1; and

(b)

subject to sub-paragraphs (2) and (7)—

(i)

full-time students, and

(ii)

students who are persons treated as not being in Great Britain.

(2)

Sub-paragraph (1)(b) does not apply to a student—

(a)

who is a person on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance;

(b)

who is a lone parent;

(c)

whose applicable amount would, but for this paragraph, include the disability premium or severe disability premium;

(d)

whose applicable amount would include the disability premium but for the student being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the SSCBA;

(e)

who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days must be treated as one continuous period;

(f)

who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations 2008^f2 F1or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

(g)

who has a partner who is also a full-time student, if the student or that partner is treated as responsible for a child or young person;

(h)

who is a single applicant with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989^f3 or, in Scotland, boarded out within the meaning of the Social Work (Scotland) Act 1968^f4;

(i)

who is—

(i)

aged under 21 and whose course of study is not a course of higher education,

(ii)

aged 21 and attained that age during a course of study which is not a course of higher education, or

(iii)

a qualifying young person or child within the meaning of section 142 of the SSCBA (child and qualifying young person);

(j)

in respect of whom—

(i)

a supplementary requirement has been determined under paragraph 9 of Part 2 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003;

(ii)

an allowance, or as the case may be, bursary has been granted which includes a sum under regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under the Education Authority (Bursaries) (Scotland) Regulations 2007^f5, in respect of expenses incurred;

(iii)

a payment has been made under section 2 of the Education Act 1962^f6 or by virtue of regulations made under the Teaching and Higher Education Act 1998;

(iv)

a grant has been made under regulation 13 of the Education (Student Support) Regulations 2005^f7, regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000^f8, or regulation 41 of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009; or

(v)

a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003^f9 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986,

on account of the student’s disability by reason of deafness.

(3)

Sub-paragraph (2)(i)(ii) only applies to an applicant until the end of the course during which the applicant attained the age of 21.

(4)

For the purposes of sub-paragraph (2), once sub-paragraph (2)(e) applies to a full-time student, if that student then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that sub-paragraph must, on that student again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to that student for so long as that student remains incapable or is treated as remaining incapable, of work..

(5)

In sub-paragraph (2)(i) the reference to a course of higher education is a reference to a course of any description mentioned in Schedule 6 to the Education Reform Act 1988^f10.

(6)

A full-time student to whom sub-paragraph (2)(i) applies must be treated as satisfying that sub-paragraph from the date on which that student made a request for the supplementary requirement, allowance, bursary or payment as the case may be.

(7)

Sub-paragraph (1)(b) does not apply to a full-time student for the period specified in sub-paragraph (8) if—

(a)

at any time during an academic year, with the consent of the relevant educational establishment, the student ceases to attend or undertake a course because the student is—

(i)

engaged in caring for another person; or

(ii)

ill;

(b)

the student has subsequently ceased to be engaged in caring for that person or, as the case may be, the student has subsequently recovered from that illness; and

(c)

the student is not eligible for a grant or a student loan in respect of the period specified in sub-paragraph (8).

(8)

The period specified for the purposes of sub-paragraph (7) is the period, not exceeding one year, beginning on the day on which the student ceased to be engaged in caring for that person or, as the case may be, the day on which the student recovered from that illness and ending on the day before—

(a)

the day on which the student resumes attending or undertaking the course; or

(b)

the day from which the relevant educational establishment has agreed that the student may resume attending or undertaking the course,

whichever first occurs.

Annotations

Textual amendments

F1: Words in Sch. Scheme para. 72(2)(f) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 26

Footnotes

f1: See paragraph 3(2)(a) of this scheme.
f2: S.I. 2008/794.
f3: 1989 c.41.
f4: 1968 c.49.
f5: S.S.I. 2007/149.
f6: 1962 c.12.
f7: S.I. 2005/52.
f8: S.I. 2000/213.
f9: S.R. 2003/459.
f10: 1988 c.40.

Notes on Schedule

Commencement

I1: Sch. in force at 28.11.2013, see reg. 1(2)