The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2022

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2022 and come into force on 11th February 2022.

(2) These Regulations extend to England and Wales.

(3) These Regulations apply in relation to council tax reduction schemes(1) made by billing authorities for financial years beginning on or after 1st April 2022.

Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

2.  The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012(2) are amended as follows.

Amendment of regulation 2

3.  In regulation 2(1) (interpretation)—

(a) after the definition of “child benefit” insert—

““child disability payment” has the meaning given by regulation 2 of the DACYP Regulations;”;

(b) after the definition of “couple” insert—

““the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021(3);”;

(c) after the definition of “a guaranteed income payment” insert—

““historical child abuse payment” means a payment made under—

(a)

Part 1 of the Historical Institutional Abuse (Northern Ireland) Act 2019(4);

(b)

Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021(5);”;

(d) in the definition of “qualifying person”, after “Grenfell Tower support payment” insert “, a historical child abuse payment or a Windrush payment”;

(e) after the definition of “the Windrush Compensation Scheme” insert—

““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020(6);”.

Amendment of regulation 12

4.—(1) Paragraph (5) of regulation 12 (persons treated as not being in Great Britain) is amended as follows.

(2) Before sub-paragraph (a) insert—

“(za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971(7), where such leave is granted by virtue of—

(i) the Afghan Relocations and Assistance Policy; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zb) a person in Great Britain not coming within sub-paragraph (za) or (e)(iv) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;”.

(3) In sub-paragraph (e)—

(a) at the end of paragraph (ii) omit “or”;

(b) after paragraph (iii) insert—

“or

(iv) granted under the Afghan Citizens Resettlement Scheme(8);”.

Amendment of Schedule 1

5.—(1) Schedule 1 (pensioners: matters that must be included in an authority’s scheme) is amended as follows.

(2) In paragraph 8 (non-dependant deductions)—

(a) in sub-paragraph (1)(a) for “£12.45” substitute “£12.85”;

(b) in sub-paragraph (1)(b) for “£4.05” substitute “£4.20”;

(c) in sub-paragraph (2)(a) for “£217.00” substitute “£224.00”;

(d) in sub-paragraph (2)(b) for “£217.00”, “£377.00” and “£8.30” substitute “£224.00”, “£389.00” and “£8.55” respectively;

(e) in sub-paragraph (2)(c) for “£377.00”, “£469.00” and “£10.40” substitute “£389.00”, “£484.00” and “£10.70” respectively;

(f) in sub-paragraph (9)—

(i) in paragraph (a), after “disability living allowance” insert “, child disability payment,”;

(ii) after paragraph (ba) insert—

“(bb) any historical child abuse payment;

(bc) any Windrush payment;”;

(g) in sub-paragraph (10), after paragraph (aa) insert—

“(ab) any historical child abuse payment;

(ac) any Windrush payment;”.

(3) In paragraph 25(13) (treatment of child care charges), after paragraph (a) insert—

“(aa) in respect of whom child disability payment is payable;”.

Amendment of Schedule 2

6.—(1) Schedule 2 (applicable amounts) is amended as follows.

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

(a) in paragraph (1) for “£191.15” substitute “£197.10”;

(b) in paragraph (2) for “£286.05” substitute “£294.90”;

(c) in paragraph (3)(a) for “£286.05” substitute “£294.90”;

(d) in paragraph (3)(b) for “£94.90” substitute “£97.80”;

(e) in paragraph (4) for “£177.10” substitute “£182.60”;

(f) in paragraph (5) for “£270.30” substitute “£278.70”;

(g) in paragraph (6)(a) for “£270.30” substitute “£278.70”;

(h) in paragraph (6)(b) for “£93.20” substitute “£96.10”.

(3) In column (2) of the Table in paragraph 2(1) (child or young person amounts), in paragraphs (a) and (b), for “£68.60” substitute “£70.80”.

(4) In paragraph 3(a) (family premium) for “£17.65” substitute “£17.85”.

(5) In paragraph 5(2) (premiums) after “the SSCBA” insert “, or the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations”.

(6) In paragraph 7(1) (enhanced disability premium)—

(a) at the end of paragraph (a) omit “or”;

(b) after paragraph (a) insert—

“(aa) the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations; or”.

(7) In paragraph 8 (disabled child premium), after paragraph (a) insert—

“(aa) is in receipt of child disability payment; or”.

(8) In the second column of the Table in Part 4 (amounts of premium specified in Part 3)—

(a) in paragraph (1)(a) and (b)(i) for “£67.30” substitute “£69.40”;

(b) in paragraph (1)(b)(ii) for “£134.60” substitute “£138.80”;

(c) in paragraph (2) for “£26.67” substitute “£27.44”;

(d) in paragraph (3) for “£65.94” substitute “£68.04”;

(e) in paragraph (4) for “£37.70” substitute “£38.85”.

Amendment of Schedule 3

7.  In Schedule 3 (amount of alternative maximum council tax reduction), in column (1) of the Table in paragraph 1—

(a) in sub-paragraph (b)(i) for “£215.00” substitute “£222.00”;

(b) in sub-paragraph (b)(ii) for “£215.00” and “£279.00” substitute “£222.00” and “£288.00” respectively.

Amendment of Schedule 5

8.  In paragraph 19(2)(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£59.20” substitute “£61.05”.

Amendment of Schedule 6

9.  In paragraph 16 of Schedule 6 (capital to be disregarded)—

(a) after sub-paragraph (1B) insert—

“(1C) Any historical child abuse payment.

(1D) Any Windrush payment.”;

(b) in sub-paragraphs (2), (3) and (5) to (7), after “Grenfell Tower support payment” insert “, a historical child abuse payment or a Windrush payment”.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Kemi Badenoch

Minister of State

Department for Levelling Up, Housing and Communities

11th January 2022