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

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Calculation of income other than earnings: persons who are not pensioners

51.—(1) For the purposes of paragraph 46 (average weekly income other than earnings: persons who are not pensioners), the income of an applicant who is not a pensioner which does not consist of earnings to be taken into account must, subject to sub-paragraphs (2) to (6), be that applicant’s gross income and any capital treated as income under paragraph 52 (capital treated as income: persons who are not pensioners).

(2) There is to be disregarded from the calculation of an applicant’s gross income under sub-paragraph (1), any sum, where applicable, specified in Schedule 7.

(3) Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under sub-paragraph (1) must be the gross amount payable.

(4) Where the applicant or, where the applicant is a member of a couple, the applicant’s partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations 2008(1), the amount of that benefit to be taken into account is the amount as if it had not been reduced.

(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act 2002 is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under sub-paragraph (1) is to be the amount of working tax credit or child tax credit awarded less the amount of that deduction.

(6) Sub-paragraphs (7) and (8) apply where—

(a)a relevant payment has been made to a person in an academic year; and

(b)that person abandons, or is dismissed from, that person’s course of study before the payment to that person of the final instalment of the relevant payment.

(7) Where a relevant payment is made quarterly, the amount of a relevant payment to be taken into account for the assessment period for the purposes of sub-paragraph (1) in respect of a person to whom sub-paragraph (6) applies, is to be calculated by applying the formula—

where—

  • A = the total amount of the relevant payment which that person would have received had that person remained a student until the last day of the academic term in which that person abandoned, or was dismissed from, the course, less any deduction under paragraph 78(5) (costs of travel books and equipment);

  • B = the number of reduction weeks from the reduction week immediately following that which includes the first day of that academic year to the reduction week which includes the day on which the person abandoned, or was dismissed from, the course;

  • C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under paragraph 78(2) (treatment of student loans) had the person not abandoned or been dismissed from, the course and, in the case of a person who was not entitled to a reduction under this scheme immediately before that person abandoned or was dismissed from the course, had that person, at that time, been entitled to housing benefit;

  • D = the number of reduction weeks in the assessment period.

(8) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of sub-paragraph (1) in respect of a person to whom sub-paragraph (6) applies, is to be calculated by applying the formula in sub-paragraph (7) but as if—

  • A = the total amount of relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under paragraph 78(5).

(9) In this regulation—

  • “academic year” and “student loan” have the same meanings as in Part 10 (students);

  • “assessment period” means—

    (a)

    in a case where a relevant payment is made quarterly, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, the course and ending with the reduction week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;

    (b)

    in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the reduction week which includes the day on which the person abandoned, or was dismissed from, the course and ending with the reduction week which includes—

    (i)

    the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or

    (ii)

    the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

    whichever of those dates is earlier;

  • “quarter” in relation to an assessment period means a period in that year beginning on—

    (c)

    1st January and ending on 31st March;

    (d)

    1st April and ending on 30th June;

    (e)

    1st July and ending on 31st August; or

    (f)

    1st September and ending on 31st December;

  • “relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in paragraph 73(7) or both.

(10) For the avoidance of doubt there must be included as income to be taken into account under sub-paragraph (1)—

(a)any payment to which paragraph 48(2) (payments not earnings) applies; or

(b)in the case of an applicant who is receiving support under section 95 or 98 of the Immigration and Asylum Act 1999 including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the applicant and the applicant’s dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act 1999.

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