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The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2012

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Change of circumstances where state pension credit in payment

106.—(1) Sub-paragraphs (2) to (4) apply where—

(a)the applicant is in receipt of state pension credit;

(b)the amount of state pension credit awarded to the applicant is changed in consequence of a change in the applicant’s circumstances or the correction of an official error; and

(c)the change in the amount of state pension credit payable to the applicant results in a change in the amount of a reduction the applicant receives under this scheme.

(2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the applicant results in—

(a)an increase in the reduction the applicant receives under this scheme, the change takes effect on the day on which the state pension credit becomes payable at the increased rate; or

(b)a decrease in the reduction the applicant receives under this scheme, the change takes effect on the day on which—

(i)state pension credit becomes payable at the increased rate; or

(ii)the authority receives notification from the Secretary of State of the increase in the amount of state pension credit,

whichever is the later.

(3) Where the change of circumstance (“the relevant change”) is that the applicant’s state pension credit has been reduced and in consequence the reduction the applicant receives under this scheme reduces—

(a)in a case where the applicant’s state pension credit has been reduced because the applicant failed to notify the Secretary of State timeously of a change of circumstances, the relevant change takes effect on the day on which state pension credit was reduced; or

(b)in any other case the relevant change takes effect from the first day on which—

(i)the state pension credit is reduced; or

(ii)the authority receives notification from the Secretary of State of the reduction in the amount of state pension credit,

whichever is the later.

(4) Where the change of circumstance is that the applicant’s state pension credit is reduced and in consequence of the change, the amount of reduction the applicant receives under this scheme is increased, the change takes effect on the day on which state pension credit becomes payable at the reduced rate.

(5) Where a change of circumstance occurs in that an award of state pension credit has been made to the applicant or the applicant’s partner and this would result in a decrease in the amount of reduction the applicant receives under this scheme, the change takes effect on the day on which—

(a)entitlement to state credit pension begins; or

(b)the authority receives notification from the Secretary of State of the award of state pension credit,

whichever is the later.

(6) Where, in the case of an applicant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—

(a)a change of circumstances of a kind described in any of sub-paragraphs (2) to (5) which results from a relevant calculation or estimate; and

(b)a change of circumstances which is a relevant determination,

each of which results in a change in the amount of reduction the applicant receives under this scheme, the change of circumstances referred to in sub-paragraph (b) takes effect from the day specified in sub-paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).

(7) Where a change of circumstance occurs in that a guarantee credit has been awarded to the applicant or the applicant’s partner and this would result in an increase in the amount of a reduction the applicant receives under this scheme, the change takes effect on the day on which the guarantee credit is first payable.

(8) Where a change of circumstances would, but for this sub-paragraph, take effect under the preceding provisions of this paragraph within the 4 week period specified in paragraph 91 (continuing reductions where state pension credit claimed: pensioners), that change takes effect on the first day after the expiry of the 4 week period.

(9) In this paragraph—

  • “official error” means an error made by—

    (a)

    the authority or a person—

    (i)

    authorised to carry out any function of the authority relating to this scheme; or

    (ii)

    providing services relating to this scheme directly or indirectly to the authority; or

    (b)

    an officer of—

    (i)

    the Department for Work and Pensions; or

    (ii)

    the Commissioners of Inland Revenue,

    acting as such, but excludes any error caused wholly or partly by any person or body not specified in paragraph (a) or (b) of this definition and any error of law which is shown to have been an error only by virtue of a subsequent decision of the court;

  • “relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the applicant’s or, as the case may be, the applicant’s partner’s income and capital for the purposes of the award of state pension credit;

  • “relevant determination” means a change in the determination by the authority of the applicant’s income and capital using the relevant calculation or estimate, in accordance with paragraph 33(1) (calculation of pensioner’s income in savings credit only cases).

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