Welsh Statutory Instruments

2013 No. 639 (W.72)

COUNCIL TAX, WALES

The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2013

Made

18 March 2013

Laid before the National Assembly for Wales

18 March 2013

Coming into force

8 April 2013

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by paragraph 9 of Schedule 1 to the Local Government Finance Act 1992(1) and now vested in them(2).

Title, commencement and application

1.—(1) The title of these Regulations is the Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2013 and they come into force on 8 April 2013.

(2) These Regulations apply in relation to Wales.

Amendment of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992

2.  Paragraph 3(a) of the Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992(3) is amended as follows—

(a)in paragraph (i) for “a higher rate” substitute “an”;

(b)in paragraph (ii) after “highest” insert “or middle”, and after “section 72(4)(a)” insert “or section 72(4)(b)”;

(c)at the end of paragraph (iii) omit “or”; and

(d)after paragraph (iv) insert—

“or

(v)the standard or enhanced rate of the daily living component of personal independence payment under section 78(3) of the Welfare Reform Act 2012(4);”.

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

18 March 2013

Explanatory Note

(This note is not part of the Regulations)

The Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 (“the 1992 Regulations”) prescribe conditions which must be fulfilled by care workers and various persons of other descriptions in order for them to be disregarded for the purposes of council tax discounts which are prescribed for by section 11 of the Local Government Finance Act 1992 (“the 1992 Act”).

Regulation 2(a) and (b) amends the conditions of the 1992 Regulations so that care workers providing care to a person entitled to an attendance allowance at any rate, or the highest or middle rate of the care component of a disability living allowance under the Social Security Contributions and Benefits Act 1992, fulfil the requirements necessary to be disregarded for the purposes of section 11 of the 1992 Act.

Regulation 2(c) and (d) amends the requirement of the 1992 Regulations so that care workers providing care to a person entitled to the standard or enhanced rate of the daily living component of a personal independence payment under the Welfare Reform Act 2012 fulfil the requirements necessary to be disregarded for the purposes of the section 11 of the 1992 Act.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(2)

Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1992/552. Paragraph 3(a) of the Schedule was amended by S.I. 1994/540 and S.I. 1996/637.