The Council Tax Reduction (Scotland) Amendment Regulations 2017

Scottish Statutory Instruments

2017 No. 41

Council Tax

The Council Tax Reduction (Scotland) Amendment Regulations 2017

Made

21st February 2017

Laid before the Scottish Parliament

23rd February 2017

Coming into force

1st April 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 80 and 113(1) and (2) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992(1) and all other powers enabling them to do so.

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment Regulations 2017 and come into force on 1st April 2017.

PART 2 Amendment of the Council Tax Reduction (Scotland) Regulations 2012

General

2.  The Council Tax Reduction (Scotland) Regulations 2012(2) are amended as follows.

Amendment of regulation 2

3.  In regulation 2 (interpretation), in paragraph (1) after the definition of “independent hospital” insert—

““infected blood payment scheme” means a scheme established by, or under arrangements made with, the Scottish Ministers, the Secretary of State, the Welsh Ministers or the Department of Health in Northern Ireland for making ex gratia payments to or in respect of persons who have acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service;”.

Amendment of regulation 23

4.  In regulation 23 (applicable amount: persons who have an award of universal credit)—

(a) in paragraph (1), for “adjustment” substitute “adjustments”; and

(b) for paragraph (2A), substitute—

“(2A) The adjustments referred to in paragraph (1) are—

(a) to multiply the maximum amount by 12 and divide the product by 52; and

(b) to add to the weekly applicable amount the sum of £16.73 in respect of each child or young person who is a member of the applicant’s family.”.

Amendment of regulation 41

5.  In regulation 41 (notional income), in paragraph (4)(a) after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of regulation 45

6.  In regulation 45 (income treated as capital), in paragraph (6) after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of regulation 48

7.  In regulation 48 (notional capital), in paragraph (4)(a) after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of regulation 67

8.  In regulation 67 (non-dependant deductions)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “£11.80” substitute “£11.90”; and

(ii) in sub-paragraph (b), for “£3.90” substitute “£3.95”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “£195.00” substitute “£200.00”; and

(ii) for sub-paragraphs (b) and (c), substitute—

“(b) not less than £200.00 but less than £346.00, the deduction to be made is £7.85 x 1/7; or

(c) not less than £346.00 but less than £430.00, the deduction to be made is £9.95 x 1/7.”; and

(c) in paragraph (9)(b), after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of regulation 86

9.  In regulation 86 (evidence and information), in paragraph (3)(a)(ii) after “Foundation” insert “, another infected blood payment scheme”.

Amendment of schedule 1

10.  In schedule 1 (applicable amount)—

(a) in paragraph 17 (amounts of disability premiums)—

(i) for “£32.25”, substitute “£32.55”;

(ii) for “£45.95”, substitute “£46.40”;

(iii) for “£61.85” in both places where it occurs, substitute “£62.45”;

(iv) for “£123.70”, substitute “£124.90”;

(v) for “£60.06”, substitute “£60.90”;

(vi) for “£34.60”, substitute “£34.95”;

(vii) for “£24.43”, substitute “£24.78”;

(viii) for “£15.75”, substitute “£15.90”; and

(ix) for “£22.60”, substitute “£22.85”; and

(b) in paragraph 24 (amount of the support component), for “£36.20” substitute “£36.55”.

Amendment of schedule 2

11.  In schedule 2 (amount of alternative maximum council tax reduction)—

(a) in paragraph 1—

(i) for “£191.00” in both places where it occurs, substitute “£196.00”; and

(ii) for “£249.00”, substitute “£255.00”; and

(b) in paragraph 2(b), after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of schedule 4

12.  In schedule 4 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—

(a) in sub-paragraph (1), after “Foundation,” insert “another infected blood payment scheme,”; and

(b) in sub-paragraph (7), after “Foundation,” insert “any other infected blood payment scheme,”.

Amendment of schedule 5

13.  In schedule 5 (capital to be disregarded), in paragraph 38 after “Foundation,” insert “another infected blood payment scheme,”.

PART 3 Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

General

14.  The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012(3) are amended as follows.

Amendment of regulation 2

15.  In regulation 2 (interpretation), in paragraph (1) after the definition of “independent hospital” insert—

““infected blood payment scheme” means a scheme established by, or under arrangements made with, the Scottish Ministers, the Secretary of State, the Welsh Ministers or the Department of Health in Northern Ireland for making ex gratia payments to or in respect of persons who have acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service;”.

Amendment of regulation 48

16.  In regulation 48 (non-dependant deductions)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “£11.80” substitute “£11.90”; and

(ii) in sub-paragraph (b), for “£3.90” substitute “£3.95”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “£195.00” substitute “£200.00”; and

(ii) for sub-paragraphs (b) and (c), substitute—

“(b) not less than £200.00 but less than £346.00, the deduction to be made is £7.85 x 1/7; and

(c) not less than £346.00 but less than £430.00, the deduction to be made is £9.95 x 1/7.”; and

(c) in paragraph (9)(b), after “Foundation,” insert “another infected blood payment scheme,”.

Amendment of regulation 66

17.  In regulation 66 (evidence and information), in paragraph (3)(a) after “Foundation” insert “, another infected blood payment scheme”.

Amendment of schedule 1

18.  In schedule 1 (applicable amount)—

(a) in paragraph 2 (personal allowances)—

(i) for “£155.60”, substitute “£159.35”;

(ii) for “£168.70”, substitute “£172.55”;

(iii) for “£237.55” in both places where it occurs, substitute “£243.25”;

(iv) for “£252.30” in both places where it occurs, substitute “£258.15”;

(v) for “£81.95”, substitute “£83.90”; and

(vi) for “£83.60”, substitute “£85.60”; and

(b) in paragraph 13 (amount of disability premium)—

(i) for “£61.85” in both places where it occurs, substitute “£62.45”;

(ii) for “£123.70”, substitute “£124.90”;

(iii) for “£24.43”, substitute “£24.78”;

(iv) for “£60.06”, substitute “£60.90”; and

(v) for “£34.60”, substitute “£34.95”.

Amendment of schedule 4

19.  In schedule 4 (capital disregards), in paragraph 16—

(a) in sub-paragraph (1)(a), after “Foundation” insert “, another infected blood payment scheme”;

(b) in sub-paragraph (7), after “Foundation” insert “, another infected blood payment scheme”; and

(c) in sub-paragraph (8), after “Foundation” insert “, any other infected blood payment scheme”.

Amendment of schedule 5

20.  In schedule 5 (amount of alternative maximum council tax reduction)—

(a) in paragraph 1—

(i) for “£191.00” in both places where it occurs, substitute “£196.00”; and

(ii) for “£249.00”, substitute “£255.00”; and

(b) in paragraph 2(b), after “Foundation,” insert “another infected blood payment scheme,”.

DEREK MACKAY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st February 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Council Tax Reduction (Scotland) Regulations 2012 (“the 2012 Regulations”) in the following respects.

The 2012 Regulations presently make provision in relation to the manner of dealing with payments received by, or in respect of, a person who acquired HIV or hepatitis C as a result of treatment with blood or blood products within the national health service. These Regulations make amendments to reflect that such payments may in future be made out of schemes additional to those specifically listed in the 2012 Regulations (regulations 3, 5 to 7, 8(c), 9, 11(b), 12 and 13).

Regulation 4 adjusts the child premium taken into account in the case of recipients of universal credit.

Regulations 8(a) and (b), 10 and 11(a) uprate figures used to calculate the amount of council tax reduction that an applicant is entitled to receive.

Regulations 15 to 20 amend the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 in the same manner as the 2012 Regulations are amended by regulations 3 and 5 to 13.

(1)

1992 c.14. Section 80 was amended by paragraph 176 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). There are other amendments to section 80 and section 113(1) that are not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

S.S.I. 2012/303; relevant amending instruments are S.S.I. 2013/48, S.S.I. 2013/142, S.S.I. 2013/287, S.S.I. 2015/46 and S.S.I. 2016/81.

(3)

S.S.I. 2012/319; relevant amending instruments are S.S.I. 2013/49, S.S.I. 2013/142, S.S.I. 2015/46 and S.S.I. 2016/81.