Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
2.—(1) The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012(1) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)for the definition of “contributory employment and support allowance” substitute—
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007(2) as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012(3) that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;”;
(ii)omit the definition of “service user group”;
(b)after paragraph (7) insert—
“(8) References in these Regulations to an applicant participating as a service user are to—
(a)a person who is being consulted by or on behalf of—
(i)a body which has a statutory duty to provide services in the field of health, social care or social housing; or
(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,
in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or
(b)the carer of a person consulted as described in sub-paragraph (a) where the carer is not being consulted as described in that sub-paragraph.”.
(3) In regulation 6 (meaning of “family”)—
(a)omit the “or” following paragraph (3)(a);
(b)after paragraph (3)(b) insert—
“; or
(c)entitled to an award of universal credit.”.
(4) In regulation 12(5) (persons treated as not being in Great Britain)—
(a)in sub-paragraph (h) omit “, an income-based jobseeker’s allowance”;
(b)omit the “or” following sub-paragraph (h);
(c)after sub-paragraph (h) add—
“(ha)in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (4); or”.
(5) In Schedule 1 (pensioners: matters that must be included in an authority’s scheme)—
(a)in paragraph 8 (non-dependant deductions)—
(i)in sub-paragraph (1)(a) for “£11.25” substitute “£11.36”;
(ii)in sub-paragraph (1)(b) for “£3.70” substitute “£3.74”;
(iii)in sub-paragraph (2)(a) for “£188.00” substitute “£189.00”;
(iv)in sub-paragraph (2)(b) for “£188.00”, “£326.00” and “£7.45” substitute “£189.00”, “£328.00” and “£7.52” respectively;
(v)in sub-paragraph (2)(c) for “£326.00”, “£406.00” and “£9.40” substitute “£328.00”, “£408.00” and “£9.49” respectively;
(vi)in sub-paragraph (8)—
(aa)omit the “or” following paragraph (a);
(bb)after paragraph (b) add—
“; or
(c)who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.”;
(vii)after sub-paragraph (11) insert—
“(11A) For the purposes of sub-paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013(4).”;
(b)in the following provisions for “applicant’s participation in a service user group” substitute “applicant participating as a service user”—
(i)paragraph 18(2)(f) (earnings of employed earners);
(ii)paragraph 22(12) (notional income);
(iii)paragraph 23(3) (income paid to third parties);
(c)in paragraph 25 (treatment of child care charges)—
(i)in sub-paragraph (10)(c) and (e) after “Employment and Support Allowance Regulations 2008” insert “or the Employment and Support Allowance Regulations 2013(5)”;
(ii)in sub-paragraph (10)(g) for “or allowance to which sub-paragraph (vii) or (viii)” substitute “or allowance or payment to which sub-paragraph (v), (vii) or (viii)”;
(iii)in sub-paragraph (13)(b) for “would be payable but for” substitute “has ceased to be payable by virtue of”;
(d)in the following provisions for “social security contributions” substitute “national insurance contributions”—
(i)paragraph 28(c) (disregard of changes in tax, contributions etc);
(ii)in paragraph 29 (calculation of net profit of self-employed earners)—
(aa)sub-paragraph (1)(b)(i);
(bb)sub-paragraph (2)(b)(ii);
(cc)sub-paragraph (8)(a)(ii);
(iii)paragraph 30(3) (calculation of tax and contributions of self-employed earners).
(6) In Schedule 2 (applicable amounts)—
(a)in column (2) of the Table in paragraph 1—
(i)in sub-paragraph (1)(a) for “£148.35” substitute “£151.20”;
(ii)in sub-paragraph (1)(b) for “£165.15” substitute “£166.05”;
(iii)in sub-paragraph (2)(a) for “£226.50” substitute “£230.85”;
(iv)in sub-paragraph (2)(b) for “£247.20” substitute “£248.28”;
(v)in sub-paragraph (3)(a) for “£226.50” substitute “£230.85”;
(vi)in sub-paragraph (3)(b) for “£78.15” substitute “£79.65”;
(vii)in sub-paragraph (4)(a) for “£247.20” substitute “£248.28”;
(viii)in sub-paragraph (4)(b) for “£82.05” substitute “£82.26”;
(b)in column (2) of the Table in paragraph 2 for “£66.33” in each place where it occurs substitute “£66.90”;
(c)in the second column of the Table in Part 4—
(i)in paragraph (1)(a) and (b)(i) for “£61.10” substitute “£61.85”;
(ii)in paragraph (1)(b)(ii) for “£122.20” substitute “£123.70”;
(iii)in paragraph (2) for “£24.08” substitute “£24.43”;
(iv)in paragraph (3) for “£59.50” substitute “£60.06”;
(v)in paragraph (4) for “£34.20” substitute “£34.60”.
(7) In column (1) of the Table in paragraph 1 of Schedule 3 (amount of alternative maximum council tax reduction)—
(a)in paragraph (b)(i) for “£185.00” substitute “£187.00”;
(b)in paragraph (b)(ii) for “£185.00” and “£241.00” substitute “£187.00” and “£243.00” respectively.
(8) In Schedule 4 (sums disregarded from applicant’s earnings)—
(a)in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations 2008” insert “or regulation 7 of the Employment and Support Allowance Regulations 2013”;
(b)in paragraph 6(6)(a) after “Employment and Support Allowance Regulations 2008” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013”.
(9) In paragraph 19(2)(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£57.35” substitute “£57.90”.
(10) In Schedule 6 (capital disregards)—
(a)in paragraph 21(2)—
(i)omit the “or” following paragraph (o);
(ii)after paragraph (p) insert—
“; or
(q)universal credit.”;
(b)in paragraph 22(2)(b) after “Jobseeker’s Allowance Regulations” insert “1996(6)”;
(c)in paragraph 22(2)(e) after “Employment and Support Allowance Regulations” insert “2008(7)”.
S.I. 2012/2885, amended by S.I. 2012/3085, 2013/3181, 2014/107, 2014/448, 2014/513.
S.I. 2013/376 to which there are amendments not relevant to these Regulations.
S.I. 2013/379, amended by S.I. 2013/591, 2013/1508, 2014/107, 2014/147, 2014/516, 2014/597, 2014/884, 2014/1097, 2014/2309.
S.I. 1996/207; relevant amending instrument is S.I. 2002/2380.
S.I. 2008/794 to which there are amendments not relevant to these Regulations.