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The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

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11.—(1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the applicant by trustees in exercise of a discretion exercisable by them.

(2) This sub-paragraph applies to payments made to the applicant by trustees in exercise of a discretion exercisable by them for the purpose of—

(a)obtaining food, ordinary clothing or footwear or household fuel;

(b)the payment of rent, council tax or water charges for which that applicant or the applicant’s partner is liable; and

(c)meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002(1).

(3) In a case to which sub-paragraph (2) applies, £20 or—

(a)if the payment is less than £20, the whole payment;

(b)if, in the applicant’s case, £10 is disregarded in accordance with paragraph 1, £10 or the whole payment if it is less than £10; or

(c)if, in the applicant’s case, £15 is disregarded under paragraph 6 or 7 and—

(i)the applicant has no disregard under paragraph 1, £5 or the whole payment if it is less than £5; or

(ii)the applicant has a disregard under paragraph 1, nil.

(4) In this paragraph—

(a)“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms or clothing and footwear used solely for sporting activities; and

(b)“water charges” means—

(i)any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002(2), in so far as such charges are in respect of the dwelling which the applicant occupies as a home; or

(ii)any water and sewerage charges under chapter 1 of Part 5 of the Water Industry Act 1991(3).

(1)

S.I. 2002/1792 as relevantly amended by S.I. 2002/3019 and 3197, 2003/1195 and 2274, 2004/552, 2327 and 2825, 2005/522, 2687 and 3360, 2006/645, 718, 2378 and 3274, 2007/688, 2618 and 3183, 2008/632, 698, 1554, 2767 and 3195, 2009/497, 583, 2010/641 and 1811, 2011/821 and 2425 and 2012/780 and 913.

(2)

2002 asp 3. Section 29A was inserted by section 21 of the Water Services etc. (Scotland) Act 2005 (asp 3).

(3)

1991 c.56. Chapter 1 of Part 5 was amended by section 53 of the Competition and Service (Utilities) Act 1992 (c.43), paragraphs 114 and 115 of Schedule 22 to the Environment Act 1995 (c.25), sections 3 to 7 and 9 of, and paragraphs 1 to 3 of Schedule 3 and Schedule 4 to, the Water Industry Act 1999 (c.9), section 59 of, and paragraphs 33 and 34 of Schedule 8 to, the Water Act 2003 (c.37), paragraph 77 of Schedule 1 and Schedule 2 to the Fire and Rescue Services Act 2004 (c.21) and section 45 of the Water Management Act 2010 (c.29).

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