The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023 and come into force on 10th February 2023.

(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 2023.

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 “adoption leave” insert—

““adult disability payment” has the meaning given in regulation 2 of the DAWAP Regulations;”;

(b) after the definition of “the DACYP Regulations” insert—

““the DAWAP Regulations” means the Disability Assistance for Working Age People (Scotland) Regulations 2022(3);”.

Amendment of regulation 12

4.  In regulation 12(5) (persons treated as not being in Great Britain)—

(a) in sub-paragraph (zb) for “(e)(iv)” substitute “(e)”;

(b) after sub-paragraph (zb) insert—

“(zc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;”;

(c) in sub-paragraph (e) omit the words from “where that leave is” to the end of that sub-paragraph.

Insertion of regulation 17

5.  After regulation 16 insert—

“Provision for all applicants: Homes for Ukraine scheme

17.— (1) A scheme must include provision that any payment made in connection with the Homes for Ukraine scheme is to be disregarded in determining—

(a) an applicant’s entitlement to a reduction under the scheme; or

(b) the amount of any reduction to which the applicant is entitled.

(2) In this regulation—

“the Homes for Ukraine scheme” means the Homes for Ukraine sponsorship scheme which was announced in Parliament by the Secretary of State for Levelling Up, Housing and Communities on 14th March 2022(4).”.

Amendment of Schedule 1

6.—(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 “£12.85” substitute “£14.15”;

(b) in sub-paragraph (1)(b) for “£4.20” substitute “£4.60”;

(c) in sub-paragraph (2)(a) for “£224.00” substitute “£236.00”;

(d) in sub-paragraph (2)(b) for “£224.00”, “£389.00” and “£8.55” substitute “£236.00”, “£410.00” and “£9.40” respectively;

(e) in sub-paragraph (2)(c) for “£389.00”, “£484.00” and “£10.70” substitute “£410.00”, “£511.00” and “£11.80” respectively;

(f) in sub-paragraph (6)—

(i) in paragraph (b)(iii) at the end omit “or”;

(ii) after paragraph (b)(iii) insert—

“(iiia) the daily living component of adult disability payment; or”;

(g) in sub-paragraph (9)(a) after “personal independence payment” insert “, adult disability payment”.

(3) In paragraph 16 (meaning of “income”) after sub-paragraph (1)(j)(ii) insert—

“(iia) adult disability payment;”.

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

(a) after sub-paragraph (10)(f)(ix) insert—

“(x) adult disability payment;”;

(b) after sub-paragraph (13)(b) insert—

“(ba) in respect of whom adult disability payment is payable, or has ceased to be payable solely by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the DAWAP Regulations;”.

Amendment of Schedule 2

7.—(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 “£197.10” substitute “£217.00”;

(b) in paragraph (2) for “£294.90” substitute “£324.70”;

(c) in paragraph (3)(a) for “£294.90” substitute “£324.70”;

(d) in paragraph (3)(b) for “£97.80” substitute “£107.70”;

(e) in paragraph (4) for “£182.60” substitute “£201.05”;

(f) in paragraph (5) for “£278.70” substitute “£306.85”;

(g) in paragraph (6)(a) for “£278.70” substitute “£306.85”;

(h) in paragraph (6)(b) for “£96.10” substitute “£105.80”.

(3) In column (2) of the Table in paragraph 2(1) (child or young person amounts), in paragraphs (a) and (b) for “£70.80” substitute “£77.78”.

(4) In paragraph 3(a) (family premium) for “£17.85” substitute “£18.53”.

(5) For paragraph 5(2) (premiums) substitute—

“(2) For the purposes of the carer premium under paragraph 9, a person is to be treated as being in receipt of a carer's allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of—

(a) attendance allowance;

(b) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(c) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;

(d) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(e) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(f) an AFIP.”.

(6) In paragraph 6 (severe disability premium)—

(a) for sub-paragraph (2)(a)(i) substitute—

“(i) he is in receipt of—

(aa) attendance allowance;

(bb) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(cc) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(dd) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(ee) an AFIP; and”;

(b) for sub-paragraph (2)(b)(i) substitute—

“(i) the applicant is in receipt of—

(aa) attendance allowance;

(bb) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(cc) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(dd) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(ee) an AFIP;”;

(c) for sub-paragraph (6)(a) substitute—

“(a) a person receiving—

(i) attendance allowance;

(ii) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;

(iii) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;

(iv) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or

(v) an AFIP; or”;

(d) after sub-paragraph (7)(b) insert—

“(ba) as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations, if they would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt;”.

(7) In paragraph 7(1)—

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

(b) after paragraph (aa) insert—

“(ab) the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the DAWAP Regulations, at the enhanced rate in accordance with regulation 5 of those Regulations;”,

(c) at the end of sub-paragraph (b) insert—

“or

(c) an AFIP is payable,”.

(8) In paragraph 8 (disabled child premium), after sub-paragraph (c) insert—

“(d) is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the DAWAP Regulations be so in receipt, provided that the young person continues to be a member of the family; or

(e) is a young person who is in receipt of an AFIP.”.

(9) 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 “£69.40” substitute “£76.40”;

(b) in paragraph (1)(b)(ii) for “£138.80” substitute “£152.80”;

(c) in paragraph (2) for “£27.44” substitute “£30.17”;

(d) in paragraph (3) for “£68.04” substitute “£74.69”;

(e) in paragraph (4) for “£38.85” substitute “£42.75”.

Amendment of Schedule 3

8.  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 “£222.00” substitute “£244.00”;

(b) in sub-paragraph (b)(ii), for “£222.00” and “£288.00” substitute “£244.00” and “£317.00” respectively.

Amendment of Schedule 5

9.  In paragraph 19(2)(b) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£61.05” substitute “£67.20”.

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

Lee Rowley

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

9th January 2023