The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
S.I. 2012/2885 · Made 16 November 2012 · Extends to England and Wales
Council Tax, England
Made 16th November 2012
Laid before Parliament 22nd November 2012
Coming into force 27th November 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 113(1) and (2) of, and paragraph 2 of Schedule 1A to, the Local Government Finance Act 1992f1:
Annotations to the whole text
Footnotes
- f1
-
1992 c. 14; section 113(1) and (2) were amended by section 127 of, and paragraph 40 and 52 of Schedule 7 to, the Local Government Act 2003 (c. 26) and section 80 of the Localism Act 2011 (c. 20); Schedule 1A was inserted by section 10 of the Local Government Finance Act 2012 (c. 17).
Contents
- Part 1: General
- 1Citation, 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: Prescribed classes of persons
- 11Pensioners
- 12Persons treated as not being in Great Britain
- 13Persons subject to immigration control
- Part 3: Matters that must be included in an authority’s scheme
- 14Provision for pensioners
- 15Provision for all applicants
- 16Provision for all applicants: energy rebate scheme 2022
- 17Provision for all applicants: Homes for Ukraine scheme
- Signature
- Schedule 1: Pensioners: matters that must be included in an authority’s scheme
- Part 1
- 1Classes of persons entitled to a reduction under an authority’s scheme
- 2Class A: pensioners whose income is no greater than the applicable amount
- 3Class B: pensioners whose income is greater than the applicable amount
- 4Class C: alternative maximum council tax reduction
- 5Periods of absence from a dwelling
- Part 2: Applicable amounts for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- 6Applicable amounts
- Part 3: Maximum council tax reduction for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- 7Maximum council tax reduction amount under an authority’s scheme
- 8Non-dependant deductions
- Part 4: Alternative maximum council tax reduction for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- 9Alternative maximum council tax reduction under a scheme
- Part 5: Amount of reduction under an authority’s scheme
- 10Amount of reduction under a scheme: classes A to C
- Part 6: Income and capital for the purposes of calculating eligibility for a reduction under an authority’s scheme and amount of reduction
- Chapter 1: General
- 11Calculation of income and capital: applicant’s family and polygamous marriages
- 12Circumstances in which income and capital of non-dependant is to be treated as applicant’s
- Chapter 2: Income
- 13Applicant in receipt of guarantee credit
- 14Calculation of applicant’s income in savings credit only cases
- 15Calculation of income and capital where state pension credit is not payable
- 16Meaning of “income”
- 17Calculation of weekly income
- 18Earnings of employed earners
- 19Calculation of net earnings of employed earners
- 20Calculation of earnings of self-employed earners
- 21Earnings of self-employers earners
- 22Notional income
- 23Income paid to third parties
- 24Calculation of income on a weekly basis
- 25Treatment of child care charges
- 26Additional condition referred to in paragraph 25(10)(b)(i): disability
- 27Calculation of average weekly income from tax credits
- 28Disregard of changes in tax, contributions etc
- 29Calculation of net profit of self-employed earners
- 30Calculation of deduction of tax and contributions of self-employed earners
- Chapter 3: Capital
- 31Calculation of capital
- 32Calculation of capital in the United Kingdom
- 33Calculation of capital outside the United Kingdom
- 34Notional capital
- 35Diminishing notional capital rule
- 36Capital jointly held
- 37Calculation of tariff income from capital
- Part 7: Extended reductions
- 38Extended reductions (qualifying contributory benefits)
- 39Duration of extended reduction period (qualifying contributory benefits)
- 40Amount of extended reduction (qualifying contributory benefits)
- 41Extended reductions (qualifying contributory benefits): movers
- 42Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of classes A to C
- 43Continuing reductions where state pension credit claimed
- 44Extended reductions: movers into an authority’s area
- Part 8: When entitlement begins and change of circumstances
- 45Date on which entitlement begins
- 46Date on which change of circumstances is to take effect
- 47Change of circumstances where state pension credit in payment
- Schedule 2: Applicable amounts
- 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: Amount of alternative maximum council tax reduction
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 4: Sums disregarded from applicant’s earnings
- 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
- 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
- Schedule 6: Capital Disregards
- 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
- 16AParagraph 16A
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 22AParagraph 22A
- 22BParagraph 22B
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 28AParagraph 28A
- 29Paragraph 29
- 29ZAParagraph 29ZA
- 29AParagraph 29A
- 29BParagraph 29B
- 29CParagraph 29C
- 29DParagraph 29D
- 29EParagraph 29E
- 29FParagraph 29F
- Part 2: Capital disregarded only for the purposes of determining deemed income
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Schedule 7: All applicants: matters that must be included in an authority’s scheme – procedural matters
- Part 1: Applications
- 1Procedure by which a person may apply for a reduction under an authority’s scheme
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Appeals
- 8Procedure by which a person may appeal against certain decisions of the authority
- Part 3: Discretionary reductions
- 9Procedure for an application to the authority for a reduction under section 13A(1)(c) of the 1992 Act
- Part 4: Electronic communication
- 10Interpretation
- 11Conditions for the use of electronic communication
- 12Use of intermediaries
- 13Effect of delivering information by means of electronic communication
- 14Proof of identity of sender or recipient of information
- 15Proof of delivery of information
- 16Proof of content of information
- Schedule 8: All applicants: matters that must be included in an authority’s scheme – other matters
- Part 1: Extended reductions: persons who are not pensioners
- 1Paragraph 1
- 2Extended reductions: movers into an authority’s area
- Part 2: Further provision about applications and duty to notify a change of circumstances
- 3Paragraph 3
- 4Making an application
- 5Date on which an application is made
- 6Back-dating of applications
- 7Information and evidence
- 8Amendment and withdrawal of application
- 9Duty to notify changes of circumstances
- Part 3: Decisions by an authority
- 10Paragraph 10
- 11Decision by authority
- 12Notification of decision
- Part 4: Circumstances in which a payment may be made
- 13Paragraph 13
- 14Payment where there is joint and several liability
- Explanatory note