Appendix A - Table of Changes

The following changes relate to Working Age customers (unless otherwise stated) in receipt of Council Tax Support have been made in line with legislative changes laid out in SI 2013 No. 3181 The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013

 

Reference

 

Technical Reference

Change

Impact

1

Page 23 In Part 4 (classes of person entitled to a reduction)—

 

In the heading to paragraph 2 (class A: pensioners whose income is less than the applicable amount) for “is less than” substitute “is no greater than”;

 

Minor amendment to correct drafting errors in the 2012 Regulations

2

Page 105 In Schedule 2 Part 1

In paragraph 1(a) for “2013/14” substitute “2014/15”

References new financial year

3

Page 106 In Schedule 2 Part 2

In paragraph 3(a) for “2013/14” substitute “2014/15”

References new financial year

4

Page 110 In Schedule 3 Part 1

In paragraph 1(a) for “2013/14” substitute “2014/15”

References new financial year

5

Page 110 & 111 In Schedule 3 (Applicable Amounts: persons who are not pensioners) Part 1 (Personal Allowances)

In column (2) of the Table for “£71.70” in each place where it occurs substitute “£72.40”;

 

In paragraph 1(c) for “£56.80” substitute “£57.35”

 

In paragraph 3 for “£112.55” substitute “£113.70”

 

In column 2 of the table for “£65.62” in each place where it occurs substitute “£66.33”

 

Increases certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

 

6

Page 111 Part 2 (Family Premium)

In paragraph 4(1)(b) for “£17.40” substitute “£17.45

Increases certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

7

Page 118 Part 4 (Amounts of premiums specified in Part 3)

In paragraph 1(a) for “£31.00” substitute “£31.85”

 

In paragraph 1(b) for “£44.20” substitute “£45.40”

 

In column (2) of the Table for “£59.50” in each place where it occurs substitute “£61.10”;

In paragraph 2(b) for “£119.00” substitute “£122.20”

 

In paragraph 3 for “£57.89” substitute “£59.50”

 

In paragraph 4 for “£33.30” substitute “£34.20”

 

In paragraph 5(a) for “£23.45” substitute “£24.08”

 

In paragraph 5(b) for “£15.15” substitute “£15.55”

 

In paragraph 5(c) for “£21.75” substitute “£22.35”

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

8

Page 119 Part 6 (Amount of components)

In paragraph 23 for “£28.45” substitute £28.75

 

In paragraph 24 for “£34.80” substitute £35.75

 

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

 

The following changes relate to Pension Age customers (unless otherwise stated) in receipt of Council Tax Support have been made in line with legislative changes laid out in SI 2013 No. 3181 The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013

 

Reference

 

Technical Reference

Change

Impact

9

Page 10 In regulation 2(1) (interpretation)

After “Scottish Parliament” in the definition of “enactment” insert “or the National Assembly for Wales”.

Minor amendment to correct drafting errors in the 2012 Regulations

10

Page 18 In regulation 3(a)(ii) (meaning of “pensioner”)

For “he is not, or,” substitute “he is not and,”.

Minor amendment to correct drafting errors in the 2012 Regulations

11

Page 20 & 21 In regulation 8 (households)—

 

in paragraph (2)(a) after “boarded out” insert “or placed”;

 

in paragraph (5)— (i) omit “and” after sub-paragraph (n);

 

in paragraph (5)— (ii) after sub-paragraph (n) insert—

“(na) the Children’s Hearings (Scotland) Act 2011(c); and”.

Minor amendment to correct drafting errors in the 2012 Regulations

12

Page 28 & 29 In regulation 12 (persons treated as not being in Great Britain)—

 

Note: Extends to working age claimants

 

Before “or” at the end of sub-paragraph (a) in paragraph (4) insert—

“(aa) regulation 14 of the EEA Regulations, but only in a case where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in

regulation 6(1) of those Regulations, or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;

(ab) Article 45 of the Treaty on the functioning of the European Union(a) (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland);”;

 

in paragraph (5)—

(i) for sub-paragraph (e) substitute—

“(e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971(b) where that leave is—

(i) discretionary leave to enter or remain in the United Kingdom,

(ii) leave to remain under the Destitution Domestic Violence concession(c) which came into effect on 1st April 2012, or

(iii) leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(d);”;

(ii) omit “or” after sub-paragraph (f); and

 

(iii) after sub-paragraph (g) insert—

“(h) in receipt of income support, an income-based jobseeker’s allowance or on an income-related employment and support allowance; or

(i) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013(e) (right of residence of a Croatian who is an “accession State national subject to worker authorisation”)”.

 

Has the effect that rights of a person who is a jobseeker are not to be treated as a right to reside for the purposes of entitlement under a council tax reduction scheme.

 

 

 

 

 

 

Amends the list of persons who do not need to show habitual residence

13

Page 30 In regulation 13 (persons subject to immigration control)—

 

Note: Extends to working age claimants

 

At the beginning of paragraph (1) insert “Subject to paragraph (1A),”;

 

After paragraph (1) insert—

“(1A) A person who is a national of a state which has ratified the European Convention on Social and Medical Assistance (f) (done in Paris on 11th December 1953) or a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961) and who is lawfully present in the United Kingdom is not a person subject to immigration control for the purpose of paragraph (1).”.

Amends the provision which excludes “persons subject to immigration control” from being eligible for a reduction.

 

14

Page 32 In Schedule 1 (pensioners: matters to be included in schemes)—

 

In the heading to paragraph 2 (class A: pensioners whose income is less than the applicable amount) for “is less than” substitute “is no greater than”;

 

In paragraph 6(2) (applicable amounts) for the definition of “additional spouse” substitute—

““additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;”;

Minor amendment to correct drafting errors in the 2012 Regulations

15

Page 35 In Schedule 1 (pensioners: matters to be included in schemes)—

 

Note: Extends to working age claimants

 

 

In paragraph 8 (non-dependant deductions)—

 

(i) in sub-paragraph (1)(a) for “£10.95” substitute “£11.25”;

 

(ii) in sub-paragraph (1)(b) for “£3.65” substitute “£3.70”;

 

(iii) in sub-paragraph (2)(a) for “£186.00” substitute “£188.00”;

 

(iv) in sub-paragraph (2)(b) for “£186.00”, “£322.00” and “£7.25” substitute “£188.00”; “£326.00” and “£7.45 x 1/7” respectively;

 

(v) in sub-paragraph (2)(c) for “£322.00”, “£401.00” and “£9.15” substitute “£326.00”; “£406.00” and “£9.40 x 1/7” respectively;

 

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

The up-rated figures relate to

non-dependant deductions and

their income bands

16

Page 36 In Schedule 1 (pensioners: matters to be included in schemes)—

 

Note: Extends to working age claimants

(vi) at the end of sub-paragraph (7) add—

“(e) he is not residing with the applicant because he is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006(a)) who is absent, while on operations, from the dwelling usually occupied as their home.”;

 

Has the effect that a non-dependant deduction will not be made in respect of a member of the armed forces away on operations.

17

Page 105 & 106 & 109 In Schedule 2 (applicable amounts)—

 

In column (2) of the Table in paragraph 1—

 

(i) in sub-paragraph (1)(a) for “£145.40” substitute “£148.35”;

 

(ii) in sub-paragraph (1)(b) for “£163.50” substitute “£165.15”;

 

(iii) in sub-paragraph (2)(a) for “£222.05” substitute “£226.50”;

 

(iv) in sub-paragraph (2)(b) for “£244.95” substitute “£247.20”;

 

(v) in sub-paragraph (3)(a) for “£222.05” substitute “£226.50”;

(vi) in sub-paragraph (3)(b) for “£76.65” substitute “£82.50”;

 

(vii) in sub-paragraph (4)(a) for “£244.95” substitute “£247.20”;

 

(viii) in sub-paragraph (4)(b) for “£81.45” substitute “£82.05”;

 

In column (2) of the Table in paragraph 2 for “£65.62” in each place where it occurs substitute “£66.33”;

 

In the second column of the Table in Part 4—

 

(i) in paragraph (1)(a) and (b)(i) for “£59.50” substitute “£61.10”;

 

(ii) in paragraph (1)(b)(ii) for “£119.00” substitute “£122.20”;

 

(iii) in paragraph (2) for “£23.45” substitute “£24.08”;

 

(iv) in paragraph (3) for “£57.89” substitute “£59.50”;

 

(v) in paragraph (4) for “£33.30” substitute “£34.20”.

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

18

Page 123 Paragraph 1 of Schedule 3 (amount of alternative maximum council tax reduction)—

 

Note: Extends to working age claimants

 

In column (1) of the Table

 

In paragraph (b)(i) for “£183.00” substitute “£185.00”;

 

In paragraph (b)(ii) for “£183.00” and “£239.00” substitute “£185.00” and “£241.00” respectively.

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

The up-rated figures relate to income bands in relation to which the amount of a person’s alternative maximum council tax reduction is calculated

 

19

Page 124 paragraph 3(2) of Schedule 4 (sums disregarded from applicant’s earnings)

for paragraph

(b) substitute—

“(b) a part-time fire-fighter employed by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005(a);”.

Minor amendment to correct drafting errors in the 2012 Regulations

20

Page 130 paragraph 19(2)(b) of Schedule 5 (disregards in relation to income other than earnings)

 

for “£56.80” substitute “£57.35”.

Increase certain figures which are used in calculating whether a person is entitled to a reduction and the amount of that reduction.

 

21

Page 150 to 152 In Schedule 6 (capital disregards)—

 

Note: Extends to working age claimants

 

 

In paragraph 21—

(i) after sub-paragraph (1)(e) insert—

“(f) by way of occasional assistance including arrears and payments in lieu of occasional assistance (and in this paragraph “occasional assistance” has the same meaning as in paragraph 16 of Schedule 1)”;

 

(ii) at the end of sub-paragraph (2)(n) omit “or”;

 

(iii) at the end of sub-paragraph (2)(o) insert “or”;

 

(iv) after sub-paragraph (2)(o) insert—

“(p) social fund payments under Part 8 of the SSCBA.”;

 

In paragraph 22 after sub-paragraph (2)(e) insert—

“(f) paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013(b);”;

 

After paragraph 29 insert—

29A. A payment made under the Age-Related Payments Regulations 2013(c).”.

Provide that certain payments made by local government for welfare purposes, certain arrears of universal credit, and payments made to annuitants of the Equitable Life Assurance Company, are disregarded when assessing an applicant’s capital.