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The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015

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Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

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36.—(1) The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012(1) are amended as follows.

(2) In Schedule 1 (pensioners matters that must be included in an authority’s scheme), in paragraph 8 (non-dependant deductions)—

(a)in sub-paragraph (6)(a)—

(i)before “blind” in the first place it occurs, insert “severely sight-impaired or”;

(ii)for “blind” in the second place it occurs, substitute “such”;

(b)for sub-paragraph (11) substitute—

(11) An applicant or his partner is severely sight-impaired or blind or treated as such for the purposes of sub-paragraph (6)(a) if the applicant or his partner—

(a)is blind and in consequence registered in a register compiled by a local authority in Wales under section 29 of the National Assistance Act 1948 (welfare services); or

(b)is registered as severely sight-impaired in a register kept by a local authority in England under section 77(1) of the Care Act 2014 (registers of sight-impaired adults); or

(c)in Scotland, has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994.;

(c)in sub-paragraph (12) —

(i)before “blind” in the first place it occurs, insert “severely sight-impaired or”;

(ii)for “blind” in the second place it occurs, substitute “such”.

(3) In paragraph 21(2)(d)(iii) of Schedule 1 (earnings of self-employers earners), for “pursuant to section 26(3A) of the National Assistance Act 1948” substitute “where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support).”.

(4) In paragraph 25(13) of Schedule 1 (treatment of child care charges)—

(a)in paragraph (c), after “section 29 of the National Assistance Act 1948 (welfare services)”, insert “or as severely sight-impaired in a register kept under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)”;

(b)in paragraph (d), after “blind” insert “or severely sight-impaired.”.

(5) In paragraph 26 of Schedule 1 (additional condition referred to in paragraph 25(10)(b)(i): disability)—

(a)in sub-paragraph (1)(a)(vii)—

(i)after “local authority”, insert “in Wales”;

(ii)after “section 29 of the National Assistance Act 1948 (welfare services)”, insert “or is registered as severely sight-impaired in a register kept by a local authority in England under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)”;

(b)in sub-paragraph (2)—

(i)after “blind” in the first place it occurs, insert “or severely sight-impaired”;

(ii)for “blind” in the second place it occurs, substitute “such”.

(6) In paragraph 6 (severe disability premium) of Schedule 2 (applicable amounts)—

(a)in sub-paragraph (3)—

(i)after “blind” in the first place it occurs, insert “or severely sight-impaired”;

(ii)for “blind” in the second place it occurs, substitute “such”;

(b)in sub-paragraph (4)—

(i)after “blind” in the first place it occurs, insert “or severely sight-impaired”;

(ii)after “local authority”, insert “in Wales”;

(iii)after “section 29 of the National Assistance Act 1948 (welfare services)”, insert “or is registered as severely sight-impaired in a register kept by a local authority in England under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)”;

(c)in sub-paragraph (5)—

(i)after “blind” in the first place it occurs, insert “or severely sight-impaired”;

(ii)for “blind” in the second place it occurs, substitute “such”.

(7) In paragraph 5(1)(b) of Schedule 4 (sums disregarded from applicant’s earnings)—

(a)after “local authority”, insert “in Wales”;

(b)after “section 29 of the National Assistance Act 1948”, insert “or as severely sight-impaired in a register kept by a local authority in England under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)”.

(8) In paragraph 29 of Schedule 6 (capital disregards)—

(a)omit “by virtue of regulations made under”;

(b)at the beginning of sub-paragraphs (a), (c), (d) and (e), insert “by virtue of regulations made under”;

(c)at the end of sub-paragraph (d), omit “or”;

(d)at the end of sub-paragraph (e), insert—

or

(f)under sections 31 to 33 of the Care Act 2014 (direct payments)..

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