The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022
S.I. 2022/449 · Made 11 April 2022
Social Security
Council Tax, England
Made 11th April 2022
Laid before Parliament 12th April 2022
Coming into force 3rd May 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 115(3) and (4), 166(3)(a) and (b), and 167 of the Immigration and Asylum Act 1999f1 and section 113(1) and (2) of, and paragraph 2(8) and (9)(b) of Schedule 1A to, the Local Government Finance Act 1992f2.
Annotations to the whole text
Footnotes
- f1
-
1999 c. 33. Section 167 is cited for the definition of “prescribed” as meaning “prescribed by regulations made by the Secretary of State”.
- f2
-
1992 c. 14. Section 113(1) and (2) was amended by paragraphs 40 and 52 of Schedule 7 to the Local Government Act 2003 (c. 26); section 80 of the Localism Act 2011 (c. 20); S.I. 2013/2597 and S.I. 2021/1265. Schedule 1A was inserted by Schedule 4 to the Local Government Finance Act 2012 (c. 17). There are other amendments not relevant to this instrument.
Contents
- 1Citation, commencement, extent, application and effect
- 2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
- 3Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
- Signature
- Explanatory note
1Citation, commencement, extent, application and effect
These Regulations may be cited as the Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 and come into force on 3rd May 2022.
These Regulations extend to England and Wales and Scotland except for regulation 3 which extends to England and Wales.
The amendments made by regulation 2(2) do not have effect in relation to a claim for housing benefit or state pension credit, made before the date these Regulations come into force.
2Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000f1 are amended as follows.
In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999)—
in paragraph (1A)f5—
after “entitlement to” insert “housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or”; and
after “universal credit” insert “, as the case may be,”.
3Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
Regulation 13 of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012f1 (persons subject to immigration control) is amended as follows.
In paragraph (1) for “Subject to paragraph (1A), persons” substitute “Persons”.
Omit paragraph (1A).
Signature
Signed by the authority of the Secretary of State for Work and Pensions
Mims Davies
Parliamentary Under Secretary of State
Department for Work and Pensions
11th April 2022
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) (“the Immigration Regulations”) which apply to Great Britain and the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (“the 2012 Regulations”).
Regulation 2 of, and the Schedule to, the Immigration Regulations make provision for certain people not to be excluded from entitlement to benefits under section 115 of the Immigration and Asylum Act 1999 who would otherwise be excluded under that section. Paragraph 4 of Part 1 of the Schedule to the Immigration Regulations provides that lawfully present nationals of states which have ratified the European Convention on Social and Medical Assistance or the Council of Europe Social Charter (signed on 18 October 1961) are not treated as being subject to immigration control for the purposes of the benefits specified in regulation 2(1).
Regulation 2 amends regulation 2(1) and (1A) of the Immigration Regulations to remove paragraph 4 of Part 1 of the Schedule from being relevant to persons making a claim for Housing Benefit or State Pension Credit. Paragraph 4 of Part 1 of the Schedule to the Immigration Regulations continues to be relevant for the purposes of the remaining benefits specified in regulation 2(1).
Regulation 3 amends regulation 13 of the 2012 Regulations.
Section 13A of the Local Government Finance Act 1992 (“the 1992 Act”) requires each billing authority in England to make a scheme specifying the reductions which are to apply to amounts of council tax payable by persons, or classes of person, whom the billing authority considers are in financial need. The 2012 Regulations prescribe matters which must be included in such a scheme in addition to those matters which must be included in such a scheme by virtue of paragraph 2 of Schedule 1A to the 1992 Act.
Regulation 13 of the 2012 Regulations provides that persons subject to immigration control are a class of person prescribed for the purposes of paragraph 2(9)(b) of Schedule 1A to the 1992 Act and which must not be included in an authority’s scheme. Regulation 3 amends regulation 13 of the 2012 Regulations to remove the exception whereby a person who is a national of a state which has ratified the European Convention on Social and Medical Assistance or a state which has ratified the Council of Europe Social Charter who is lawfully present in the United Kingdom is not treated as a person subject to immigration control.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.