Regulation 2 Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

(1)

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012^f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007^f2 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012^f3 that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;”;

(ii)

omit the definition of “service user group”;

(b)

after paragraph (7) insert—

“(8)
References in these Regulations to an applicant participating as a service user are to—

(a)
a person who is being consulted by or on behalf of—

(i)
a body which has a statutory duty to provide services in the field of health, social care or social housing; or

(ii)
a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)
the carer of a person consulted as described in sub-paragraph (a) where the carer is not being consulted as described in that sub-paragraph.”.

(3)

In regulation 6 (meaning of “family”)—

(a)

omit the “or” following paragraph (3)(a);

(b)

after paragraph (3)(b) insert—

“; or

(c)
entitled to an award of universal credit.”.

(4)

In regulation 12(5) (persons treated as not being in Great Britain)—

(a)

in sub-paragraph (h) omit “, an income-based jobseeker’s allowance”;

(b)

omit the “or” following sub-paragraph (h);

(c)

after sub-paragraph (h) add—

“(ha)
in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (4); or”.

(5)

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 “£11.25” substitute “£11.36”;

(ii)

in sub-paragraph (1)(b) for “£3.70” substitute “£3.74”;

(iii)

in sub-paragraph (2)(a) for “£188.00” substitute “£189.00”;

(iv)

in sub-paragraph (2)(b) for “£188.00”, “£326.00” and “£7.45” substitute “£189.00”, “£328.00” and “£7.52” respectively;

(v)

in sub-paragraph (2)(c) for “£326.00”, “£406.00” and “£9.40” substitute “£328.00”, “£408.00” and “£9.49” respectively;

(vi)

in sub-paragraph (8)—

(aa)

omit the “or” following paragraph (a);

(bb)

after paragraph (b) add—

“; or

(c)
who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.”;

(vii)

after sub-paragraph (11) insert—

“(11A)
For the purposes of sub-paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013^f4.”;

(b)

in the following provisions for “applicant’s participation in a service user group” substitute “applicant participating as a service user”—

(i)

paragraph 18(2)(f) (earnings of employed earners);

(ii)

paragraph 22(12) (notional income);

(iii)

paragraph 23(3) (income paid to third parties);

(c)

in paragraph 25 (treatment of child care charges)—

(i)

in sub-paragraph (10)(c) and (e) after “Employment and Support Allowance Regulations 2008” insert “or the Employment and Support Allowance Regulations 2013^f5”;

(ii)

in sub-paragraph (10)(g) for “or allowance to which sub-paragraph (vii) or (viii)” substitute “or allowance or payment to which sub-paragraph (v), (vii) or (viii)”;

(iii)

in sub-paragraph (13)(b) for “would be payable but for” substitute “has ceased to be payable by virtue of”;

(d)

in the following provisions for “social security contributions” substitute “national insurance contributions”—

(i)

paragraph 28(c) (disregard of changes in tax, contributions etc);

(ii)

in paragraph 29 (calculation of net profit of self-employed earners)—

(aa)

sub-paragraph (1)(b)(i);

(bb)

sub-paragraph (2)(b)(ii);

(cc)

sub-paragraph (8)(a)(ii);

(iii)

paragraph 30(3) (calculation of tax and contributions of self-employed earners).

(6)

In Schedule 2 (applicable amounts)—

(a)

in column (2) of the Table in paragraph 1—

(i)

in sub-paragraph (1)(a) for “£148.35” substitute “£151.20”;

(ii)

in sub-paragraph (1)(b) for “£165.15” substitute “£166.05”;

(iii)

in sub-paragraph (2)(a) for “£226.50” substitute “£230.85”;

(iv)

in sub-paragraph (2)(b) for “£247.20” substitute “£248.28”;

(v)

in sub-paragraph (3)(a) for “£226.50” substitute “£230.85”;

(vi)

in sub-paragraph (3)(b) for “£78.15” substitute “£79.65”;

(vii)

in sub-paragraph (4)(a) for “£247.20” substitute “£248.28”;

(viii)

in sub-paragraph (4)(b) for “£82.05” substitute “£82.26”;

(b)

in column (2) of the Table in paragraph 2 for “£66.33” in each place where it occurs substitute “£66.90”;

(c)

in the second column of the Table in Part 4—

(i)

in paragraph (1)(a) and (b)(i) for “£61.10” substitute “£61.85”;

(ii)

in paragraph (1)(b)(ii) for “£122.20” substitute “£123.70”;

(iii)

in paragraph (2) for “£24.08” substitute “£24.43”;

(iv)

in paragraph (3) for “£59.50” substitute “£60.06”;

(v)

in paragraph (4) for “£34.20” substitute “£34.60”.

(7)

In column (1) of the Table in paragraph 1 of Schedule 3 (amount of alternative maximum council tax reduction)—

(a)

in paragraph (b)(i) for “£185.00” substitute “£187.00”;

(b)

in paragraph (b)(ii) for “£185.00” and “£241.00” substitute “£187.00” and “£243.00” respectively.

(8)

In Schedule 4 (sums disregarded from applicant’s earnings)—

(a)

in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations 2008” insert “or regulation 7 of the Employment and Support Allowance Regulations 2013”;

(b)

in paragraph 6(6)(a) after “Employment and Support Allowance Regulations 2008” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013”.

(9)

In paragraph 19(2)(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£57.35” substitute “£57.90”.

(10)

In Schedule 6 (capital disregards)—

(a)

in paragraph 21(2)—

(i)

omit the “or” following paragraph (o);

(ii)

after paragraph (p) insert—

“; or

(q)
universal credit.”;

(b)

in paragraph 22(2)(b) after “Jobseeker’s Allowance Regulations” insert “1996^f6”;

(c)

in paragraph 22(2)(e) after “Employment and Support Allowance Regulations” insert “2008^f7”.

Annotations

Footnotes

f1: S.I. 2012/2885, amended by S.I. 2012/3085, 2013/3181, 2014/107, 2014/448, 2014/513.
f2: 2007 c. 5.
f3: 2012 c. 5.
f4: S.I. 2013/376 to which there are amendments not relevant to these Regulations.
f5: S.I. 2013/379, amended by S.I. 2013/591, 2013/1508, 2014/107, 2014/147, 2014/516, 2014/597, 2014/884, 2014/1097, 2014/2309.
f6: S.I. 1996/207; relevant amending instrument is S.I. 2002/2380.
f7: S.I. 2008/794 to which there are amendments not relevant to these Regulations.