Search Legislation

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

What Version

 Help about what version

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Periods of absence from a dwelling

17.—(1) A person is not absent from a dwelling in relation to any day which falls within a period of temporary absence from that dwelling.

(2) In sub-paragraph (1), a “period of temporary absence” means—

(a)a period of absence not exceeding 13 weeks, beginning with the first whole day on which a person resides in residential accommodation where and for so long as—

(i)the person resides in that accommodation;

(ii)the part of the dwelling in which the person usually resides is not let or sub-let; and

(iii)that period of absence does not form part of a longer period of absence from the dwelling of more than 52 weeks,

where the person has entered the accommodation for the purpose of ascertaining whether it suits the person’s needs and with the intention of returning to the dwelling if it proves not to suit the person’s needs;

(b)a period of absence not exceeding 13 weeks, beginning with the first whole day of absence from the dwelling, where and for so long as—

(i)the person intends to return to the dwelling;

(ii)the part of the dwelling in which the person usually resided is not let or sub-let; and

(iii)that period is unlikely to exceed 13 weeks; and

(c)a period of absence not exceeding 52 weeks, beginning with the first whole day of that absence, where and for so long as—

(i)the person intends to return to the dwelling;

(ii)the part of the dwelling in which the person usually resided is not let or sub-let;

(iii)the person is a person to whom sub-paragraph (3) applies; and

(iv)the period of absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(3) This sub-paragraph applies to a person who—

(a)is detained in custody on remand pending trial or required, as a condition of bail, to reside—

(i)in a dwelling, other than the dwelling referred to in sub-paragraph (1); or

(ii)in premises approved under section 13 of the Offender Management Act 2007(1);

or is detained in custody pending sentence upon conviction;

(b)is resident in a hospital or similar institution as a patient;

(c)is undergoing, or whose partner or dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;

(d)is following, in the United Kingdom or elsewhere, a training course;

(e)is undertaking medically approved care of a person residing in the United Kingdom or elsewhere;

(f)is undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

(g)is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation;

(h)is a student;

(i)is receiving care provided in residential accommodation and is not a person to whom sub-paragraph (2)(a) applies; or

(j)has left the dwelling the person resides in through fear of violence, in that dwelling, or by a person who was formerly a member of the family of that person.

(4) This sub-paragraph applies to a person who is—

(a)detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health Act 1983(2), or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003(3) or the Criminal Procedure (Scotland) Act 1995(4), or in Northern Ireland, under Article 4 or 12 of the Mental Health (Northern Ireland) Order 1986(5); and

(b)on temporary release from detention in accordance with Rules made under the provisions of the Prison Act 1952(6) or the Prisons (Scotland) Act 1989(7).

(5) Where sub-paragraph (4) applies to a person, then, for any day when that person is on temporary release—

(a)if such temporary release was immediately preceded by a period of temporary absence under sub-paragraph (2)(b) or (c), that person must be treated, for the purposes of sub-paragraph (1), as if that person continues to be absent from the dwelling, despite any return to the dwelling;

(b)for the purposes of sub-paragraph (3)(a), that person must be treated as if that person remains in detention;

(c)if that person does not fall within paragraph (a), that person is not to be considered to be a person who is liable to pay council tax in respect of a dwelling of which that person is a resident.

(6) In this paragraph—

“medically approved” means certified by a medical practitioner;

“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

“residential accommodation” means accommodation which is provided in—

(a)

a care home;

(b)

an independent hospital;

(c)

an Abbeyfield Home; or

(d)

an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;

“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department, the Welsh Ministers or the Secretary of State.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources