OpenLegislation

Paragraph 3 F1

(1)

The regulations may prescribe—

(a)

classes of person who are to be entitled to a reduction under schemes;

(b)

classes of person who must not be entitled to a reduction under schemes.

(2)

The regulations may—

(a)

allow specified authorities to determine (subject to regulations under sub-paragraph (1)) classes of person who are to be entitled to a reduction under schemes, or

(b)

provide that specified authorities may not determine such classes.

(3)

The regulations may require each scheme to state the classes of person (prescribed under sub-paragraph (1)(a) or determined under sub-paragraph (2)(a)) who are to be entitled to a reduction under the scheme.

(4)

Any class of person prescribed under sub-paragraph (1)(a) may be determined by reference to, in particular, the matters listed in sub-paragraph (7).

(5)

The regulations may require any class of person determined under sub-paragraph (2)(a) to be determined by reference to specified matters (which may include those listed in sub-paragraph (7)).

(6)

If the regulations do not require a class of person to be determined as mentioned in sub-paragraph (5), the specified authority may determine that class by reference to, in particular, the matters listed in sub-paragraph (7).

(7)

Those matters are—

(a)

whether the Welsh Ministers consider, or the specified authority considers, any person to be in financial need;

(b)

the income of any person liable to pay council tax in respect of any dwelling to which a scheme is to apply;

(c)

the capital of any such person;

(d)

whether any such person is in receipt of any specified benefit;

(e)

the income and capital of any other person who is a resident of the dwelling, or whether any such person is in receipt of any specified benefit;

(f)

the number of dependants of any person within paragraph (b) or (e);

(g)

whether the person has made an application for the reduction.

Annotations

Textual amendments

F1

Schs. 1A, 1B inserted (31.10.2012) by Local Government Finance Act 2012 (c. 17), Sch. 4 para. 1