Paragraph 43 Continuing reductions where state pension credit claimedI1

England and Wales

(1)

This paragraph applies where—

(a)

the applicant is entitled to a reduction under an authority’s scheme;

(b)

sub-paragraph (2) is satisfied; and

(c)

either—

(i)

the applicant has attained the qualifying age for state pension credit F1...; or

(ii)

the applicant’s partner has actually claimed state pension credit.

(2)

This sub-paragraph is only satisfied if the Secretary of State has certified to the authority that the applicant’s partner has actually claimed state pension credit or that—

(a)

the applicant’s award of—

(i)

income support has terminated because the applicant has attained the qualifying age for state pension credit; or

(ii)

income-based jobseeker’s allowance or income-related employment and support allowance has terminated because the applicant has attained the qualifying age for state pension credit F2...; and

(b)

the applicant has claimed or is treated as having claimed or is required to make a claim for state pension credit.

(3)

Subject to sub-paragraph (4), in a case to which this paragraph applies, a person continues to be entitled to a reduction under an authority’s scheme for the period of 4 weeks beginning on the day following the day on which the applicant’s entitlement to income support or, as the case may be, income-based jobseeker’s allowance or, income-related employment and support allowance, ceased, if and for so long as the applicant otherwise satisfies the conditions for entitlement to a reduction under the scheme.

(4)

Where a reduction under that scheme is awarded for the period of 4 weeks in accordance with sub-paragraph (3), and the last day of that period falls on a day other than the last day of a reduction week, then a reduction under the scheme must continue to be awarded until the end of the reduction week in which the last day of that period falls.

(5)

Throughout the period of 4 weeks specified in sub-paragraph (3) and any further period specified in sub-paragraph (4)—

(a)

the whole of the income and capital of the applicant is to be disregarded;

(b)

the maximum council tax reduction amount of the applicant is to be that which was applicable in his case immediately before that period commenced.

(6)

The appropriate maximum council tax reduction amount is to be calculated in accordance with paragraph 7(1) if, since the date it was last calculated—

(a)

the applicant’s council tax liability has increased; or

(b)

a change in the deduction under paragraph 8 (non-dependent deductions) falls to be made.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 43(1)(c)(i) omitted (6.12.2018 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(2), 10(a)
F2: Words in Sch. 1 para. 43(2)(a)(ii) omitted (6.12.2018 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (S.I. 2017/1305), regs. 1(2), 10(b)

Commencement

I1: Sch. 1 para. 43 in force at 27.11.2012, see reg. 1(1)