# The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012, Paragraph 5

Extent: S

(1) £20 if the applicant or any partner of the applicant—
(a) is in receipt of—
(i) long-term incapacity benefit under section 30A of the 1992 Act ;
(ii) severe disablement allowance under section 68 of the 1992 Act ;
(iii) attendance allowance;
(iiia) pension age disability payment,
(iv) disability living allowance;
(iva) armed forces independence payment;
(v) personal independence payment;
(va) child disability payment,
(vb) adult disability payment;
(vc) Scottish adult disability living allowance;
(vi) any mobility supplement under article 20 of the 2006 Order, any other supplement awarded in respect of disablement which affects a person's ability to walk and for which the person is in receipt of war disablement pension or any mobility supplement under article 25A of the Personal Injuries (Civilians) Scheme 1983 ;
(vii) the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations ; or
(viii) main phase employment and support allowance;
(b) has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a local authority in Scotland or is registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services) or is registered as severely sight impaired in a register kept by a local authority in Wales under section 18(1)(a) of the Social Services and Well-being (Wales) Act 2014;
(c) is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the 1992 Act (incapacity for work) and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—
(i) in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the 1992 Act , 196 days; and
(ii) in any other case, 364 days; or
(d) has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act 2007 or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act 2007 has ended; or
(ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component ... arises does not apply) applies.
(2) Subject to sub-paragraph (3), £20 if the applicant or any partner of the applicant has, within a period of 8 weeks ending on the day in respect of which the applicant or the applicant's partner attains the qualifying age for state pension credit, had an award of housing benefit or was entitled to council tax reduction and under these Regulations , the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction Regulations—
(a) £20 was disregarded in respect of earnings taken into account in that award or calculation of entitlement to council tax reduction; and
(b) the person whose earnings qualified for the disregard continues in employment after the termination of that award of housing benefit or entitlement to council tax reduction.
(3) The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person's entitlement to housing benefit or council tax reduction or in employment following the first day in respect of which that housing benefit is awarded or the person becomes entitled to council tax reduction.
(4) £20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that the applicant and any partner of the applicant may each satisfy the requirements of this paragraph.

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Source: https://www.legislation.gov.uk/ssi/2012/319/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/council-tax-reduction-state-pension-credit-scotland-regulations-2012/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.