OpenLegislation

Section 13 Reduced amounts.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may make regulations as regards any case where—

(a)

a person is liable to pay an amount to a billing authority in respect of council tax for any financial year which is prescribed; and

(b)

prescribed conditions are fulfilled.

(2)

The regulations may provide that the amount he is liable to pay shall be an amount which—

(a)

is less than the amount it would be apart from the regulations; and

(b)

is determined in accordance with prescribed rules.

(3)

This section applies whether the amount mentioned in subsection (1) above is determined under section 10 above or under that section read with section 11 F1, 11AF2, 11B F3, 11C F4, 12, 12A or 12B above.

(4)

The conditions mentioned in subsection (1) above may be prescribed by reference to such factors as the Secretary of State thinks fit; and in particular such factors may include the making of an application by the person concerned and all or any of—

(a)

the factors mentioned in subsection (5) below; or

(b)

the factors mentioned in subsection (6) below.

C1(5)

The factors referred to in subsection (4)(a) above are—

(a)

community charges for a period before 1st April 1993;

(b)

the circumstances of, or other matters relating to, the person concerned;

(c)

an amount relating to the authority concerned and specified, or to be specified, for the purposes of the regulations in a report laid, or to be laid, before the House of Commons;

(d)

such other amounts as may be prescribed or arrived at in a prescribed manner.

(6)

The factors referred to in subsection (4)(b) above are—

(a)

a disabled person having his sole or main residence in the dwelling concerned;

(b)

the circumstances of, or other matters relating to, that person;

(c)

the physical characteristics of, or other matters relating to, that dwelling.

(7)

The rules mentioned in subsection (2) above may be prescribed by reference to such factors as the Secretary of State thinks fit; and in particular such factors may include all or any of the factors mentioned in subsection (5) or subsection (6)(b) or (c) above.

(8)

Without prejudice to the generality of section 113(2) below, regulations under this section may include—

(a)

provision requiring the Secretary of State to specify in a report, for the purposes of the regulations, an amount in relation to each billing authority;

(b)

provision requiring him to lay the report before the House of Commons;

(c)

provision for the review of any prescribed decision of a billing authority relating to the application or operation of the regulations;

(d)

provision that no appeal may be made to a valuation tribunal in respect of such a decision, notwithstanding section 16(1) below.

(9)

To the extent that he would not have power to do so apart from this subsection, the Secretary of State may—

(a)

include in regulations under this section such amendments of any social security instrument as he thinks expedient in consequence of the regulations under this section;

(b)

include in any social security instrument such provision as he thinks expedient in consequence of regulations under this section.

(10)

In subsection (9) above “social security instrument” means

F5(a)

an order or regulations made, or falling to be made, by the Secretary of State under the Social Security Acts, that is to say, the M1Social Security Contributions and Benefits Act 1992 and the M2Social Security Administration Act 1992F6; or

(b)

regulations made, or falling to be made, under Part 4 of the Welfare Reform Act 2012.

Annotations

Textual amendments

F1

Words in s. 13(3) inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 127(1), Sch. 7 para. 42

F2

Word in s. 13(3) inserted (31.10.2012) by Local Government Finance Act 2012 (c. 17), s. 12(5)

F3

Word in s. 13(3) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 80(3)(c), 255(2)(q) (with s. 247)

F4

Words in s. 13(3) substituted (16.12.2015 for specified purposes, 1.4.2016 in so far as not already in force) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 29(4); S.I. 2015/2046, art. 2

F5

Words in s. 13(10) renumbered as s. 13(10)(a) (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 7(2)(a)

F6

S. 13(10)(b) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 7(2)(b)

Marginal citations

M1

1992 c. 4.

M2

1992 c. 5.

Modifications

C1

S. 13(5) modified (W.) (7.2.1996) by S.I.1996/56, art, 2(1)

S. 13(5) modified (E.) (22.2.1996) by S.I. 1996/176, reg. 4 (as modified by S.I. 1998/214, reg. 11, Sch. 4)

S. 13(5) modified (E.) (25.2.1997) by S.I. 1997/215, reg. 4 (as modified by S.I. 1998/214, reg. 11, Sch. 5)

S. 13(5) modified (E.) (27.2.1998) by S.I. 1998/214, reg. 4

S. 13(5) modified (26.2.1999) by S.I. 1999/259, reg. 4

Notes on Part I

Modifications

C1

Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).

C2

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

C4

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8

C5

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7

Notes on Chapter I

Modifications

C1

Pt. I Chapter I amended (28.11.1994) by S.I. 1994/2825, regs. 44, 49