The Council Tax Reduction (Scotland) Amendment (No. 4) Regulations 2020

in paragraph 37 (crisis payments) M1, after sub-paragraph (a) insert—

“(aa)

by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 (power to advance well-being) M2 and using funds provided by the Scottish Ministers,”, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

at the end of paragraph (2) insert “ , except as provided for by paragraphs (3) and (4) ”,

after paragraph (2) insert—

“(3)

These Regulations apply to a person who is in receipt of an award of universal credit, or who has a partner who is in receipt of an award of universal credit, if the person with that award has (or, in the case of a joint award, both persons have) attained the qualifying age for state pension credit and—

(a)

the award of universal credit is continuing pending a superseding decision taking effect at the end of a universal credit assessment period, as provided for by paragraph 26 of schedule 1 (effective dates for superseding decisions made on the ground of a change in circumstances) of the Universal Credit, Personal Independence Payment, Jobseekers Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 M2, or

(b)

the person awarded universal credit was not entitled to receive that award.

(4)

These Regulations apply to a couple, only one of whom has reached the qualifying age for state pension credit, if that person is in receipt of an award of state pension credit and also an award of universal credit, where that award of universal credit is not precluded by virtue of regulation 5(2)(b)(iv) of the Universal Credit (Transitional Provisions) Regulations 2014 (entitlement to continuing award of state pension credit during a first assessment period for universal credit where the person is a new claimant partner) M3.”.

in head (xi) (crisis payments), after sub-head (aa), insert—

“(ab)

by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 (power to advance well-being) M2 and using funds provided by the Scottish Ministers,”,

in head (xi), in sub-head (bb) for “sub-paragraph” substitute “ sub-head ”, and

after head (xxiii) (social security benefits that are not to be treated as income: funeral expense assistance), insert—

“(xxiv)

any Scottish child payment assistance paid by virtue of section 79 of that Act M3,

(xxv)

any payment of winter heating assistance made by virtue of Regulations under section 30 of that Act M4,

(xxvi)

universal credit,”.

in paragraph (1)(c)(i), omit from “or, if” to the end of head (i),

in paragraph (2)(a)(ii), omit “or the age of 65”.

omit sub-paragraphs (1)(a), (2)(a) and (3) in column 1, and the amounts specified in column 2 in respect of these sub-paragraphs,

for sub-paragraph (1)(b) substitute “ who has attained the qualifying age for state pension credit ”,

for sub-paragraph (2)(b) substitute “ where one or both members have attained the qualifying age for state pension credit ”,

in sub-paragraph (4), for “is aged 65 or over” substitute “ has attained the qualifying age for state pension credit ”.

in paragraph 21(2) (benefit payments to be disregarded) omit “or” before head (q) (carer's allowance supplement) M1 and after that head insert—

“or

(r)

any Scottish child payment assistance given in accordance with section 79 of that Act.”,

after paragraph 30F (Windrush compensation payments) M2, insert—

“

30G

Any payment of winter heating assistance made by virtue of Regulations under section 30 of the Social Security (Scotland) Act 2018 M3.”.