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The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018

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Title, commencement and interpretation

1.—(1) The title of these Regulations is the Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018.

(2) These Regulations come into force the day after the day on which they are made.

(3) These Regulations apply in relation to a council tax reduction scheme made for a financial year beginning on or after 1 April 2018.

(4) In these Regulations “council tax reduction scheme” (“cynllun gostyngiadau’r dreth gyngor”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013(1), or the scheme that applies in default by virtue of paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.

Amendments to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

2.  The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 are amended in accordance with regulations 3 to 14.

3.  In regulation 2 (interpretation) in paragraph (1)—

(a)in the appropriate place insert—

(i)“approved blood scheme” (“cynllun gwaed cymeradwy”) means—

(a)

a scheme established or approved by the Secretary of State, or a trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; or

(b)

a scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006(2) and administered by the Velindre Trust(3) for the purpose of making payments and providing support to, or in respect of, individuals infected with Hepatitis C, HIV or both, through contaminated blood or blood products used by the NHS;;

(ii)“the London Emergencies Trust” (“Ymddiriedolaeth Argyfyngau Llundain”) means the company of that name (number 09928465) incorporated on 23 December 2015 and the registered charity of that name (number 1172307) established on 28 March 2017;;

(iii)“member of the work-related activity group” (“aelod o’r grŵp gweithgaredd perthynol i waith”) means a person who has or is treated as having limited capability for work under either—

(a)

Part 5 of the Employment and Support Allowance Regulations 2008(4) other than by virtue of regulation 30 of those Regulations; or

(b)

Part 4 of the Employment and Support Allowance Regulations 2013(5) other than by virtue of regulation 26 of those Regulations;;

(iv)“the Scottish Infected Blood Support Scheme” (“Cynllun Cymorth Gwaed Heintiedig yr Alban”) means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978(6);;

(v)“the We Love Manchester Emergency Fund” (“Cronfa Argyfwng We Love Manchester”) means the registered charity of that name (number 1173260) established on 30 May 2017;;

(b)for the definition of “care home” (“cartref gofal”) substitute—

“care home” (“cartref gofal”)—

(a)

in England has the meaning given by section 3 of the Care Standards Act 2000(7);

(b)

in Wales means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(8), is provided wholly or mainly to adults;

(c)

in Scotland means a care home service within the meaning given by paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010(9); and

(d)

in Northern Ireland means a nursing home within the meaning of article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(10) or a residential care home within the meaning of article 10 of that Order;;

(c)for the definition of “main phase employment and support allowance” (“lwfans cyflogaeth a chymorth prif wedd”) substitute—

“main phase employment and support allowance” (“lwfans cyflogaeth a chymorth prif wedd”), except in Part 1 of Schedule 7, means an employment and support allowance where—

(a)

the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007; or

(b)

the applicant is a member of the work-related activity group;;

(d)in the definition of “qualifying person” (“person cymwys”), after “the Caxton Foundation” insert, “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

4.  In Schedule 1 (determining eligibility for a reduction: pensioners)—

(a)in paragraph 3 (non-dependant deductions: pensioners)—

(i)in sub-paragraph (1)(a) for “£12.70” substitute “ £13.10”;

(ii)in sub-paragraph (1)(b) for “£4.20” substitute “£4.35”;

(iii)in sub-paragraph (2)(a) for “£200.00” substitute “£205.00”;

(iv)in sub-paragraph (2)(b) for “£200.00”, “£346.00” and “£8.40” substitute “£205.00”, “£355.00” and “£8.70” respectively;

(v)in sub-paragraph (2)(c) for “£346.00”, “£430.00” and “£10.60” substitute “£355.00”, “£440.00” and “£10.95” respectively;

(vi)in sub-paragraph (8)(a) after “income related employment and support allowance” insert “and where the non-dependent is not a member of the work-related activity group”;

(vii)for sub-paragraph (9) substitute—

(9) In the application of sub-paragraph (2) there is to be disregarded from the non-dependant’s weekly gross income—

(a)any attendance allowance, disability living allowance, personal independence payment or AFIP received by the non-dependant;

(b)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.;

(b)in paragraph 10(1) (meaning of “income”: pensioners)—

(i)for paragraph (j)(xiii) substitute—

(xiii)bereavement support payment under section 30 of the Pensions Act 2014(11);;

(ii)for paragraph (m) substitute—

(m)a pension paid by a government to victims of National Socialist persecution;;

(c)in paragraph 11 (calculation of weekly income: pensioners)—

(i)in sub-paragraph (3A)—

(aa)in paragraph (a) for “regardless of whether those earnings were actually received in that reduction week” substitute “regardless of when those earnings were actually received”;

(bb)for paragraphs (b) and (c) substitute—

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment, and the first day of each reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings change, so as to require recalculation under this paragraph, and the first day of each reduction week thereafter, regardless of when those earnings were actually received.;

(ii)in sub-paragraph (4A)—

(aa)in paragraph (a) for “regardless of whether those earnings were actually received in that reduction week” substitute “regardless of when those earnings were actually received”;”;

(bb)for paragraphs (b) and (c) substitute—

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment, and the first day of each reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings from employment change and the first day of each reduction week thereafter, regardless of when those earnings were actually received.;

(d)in paragraph 19 (treatment of child care charges: pensioners)—

(i)for sub-paragraph (8)(l) substitute—

(1) by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;;

(ii)in sub-paragraph (11)(c) after “having limited capability for work” the first time it appears, insert “or the other member of the couple would be a member of the work-related activity group”.

5.  In Schedule 2 (applicable amounts: pensioners)—

(a)in column (2) of the Table in paragraph 1 (personal allowances)—

(i)in sub-paragraph (1) for “£159.35” and “£172.55” substitute “£163.00” and “£176.40” respectively;

(ii)in sub-paragraph (2) for “£243.25” and “£258.15” substitute “£248.80” and “£263.80” respectively;

(iii)in sub-paragraph (3) for “£243.25” and “£83.90” substitute “£248.80” and “£85.80” respectively;

(iv)in sub-paragraph (4) for “£258.15” and “£85.60” substitute “£263.80” and “£87.40” respectively;

(b)in the Table in Part 4 (amounts of premium specified in Part 3), in the second column—

(i)in sub-paragraph (1) for “£62.45” in each place where it occurs substitute “£64.30” and for “£124.90” substitute “£128.60”;

(ii)in sub-paragraph (2) for “£24.78” substitute “£25.48”;

(iii)in sub-paragraph (3) for “£60.90” substitute “£62.86”;

(iv)in sub-paragraph (4) for “£34.95” substitute “£36.00”.

6.  In Schedule 3 (sums disregarded from applicant’s earnings: pensioners), in paragraph 5(1)(d)(ii) for “or the work-related activity component arising” substitute “arises”.

7.  In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings: pensioners), for paragraph 1(g), substitute—

(g)a pension paid by a government to victims of National Socialist persecution.

8.  In Schedule 5 (capital disregards: pensioners)—

(a)in paragraph 16(1)(a), after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(b)after paragraph 28A insert—

28B.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

9.  In Schedule 6 (determining eligibility for a reduction under an authority’s scheme, amount of reduction and calculation of income and capital: persons who are not pensioners)—

(a)in paragraph 5 (non-dependant deductions: persons who are not pensioners)—

(i)in sub-paragraph (1)(a) for “£12.70” substitute “£13.10”;

(ii)in sub-paragraph (1)(b) for “£4.20” substitute “£4.35”;

(iii)in sub-paragraph (2)(a) for “£200.00” substitute “£205.00”;

(iv)in sub-paragraph (2)(b) for “£200.00”, “£346.00” and “£8.40” substitute “£205.00”, “£355.00” and “£8.70” respectively;

(v)in sub-paragraph (2)(c) for “£346.00”, “£430.00” and “£10.60” substitute “£355.00”, “£440.00” and “£10.95” respectively;

(vi)in sub-paragraph (8)(a), after “income related employment and support allowance” insert “or where the non-dependent is not a member of the work-related activity group”;

(vii)in sub-paragraph (9)(b) after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(viii)at the end of sub-paragraph (9)(c) for “.” substitute “;”;

(ix)after sub-paragraph (9)(c) insert—

(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.;

(b)in paragraph 10A (date on which income consisting of earnings from employment as an employed earner are taken into account: persons who are not pensioners)—

(i)in sub-paragraph (a) for “regardless of whether those earnings were actually received in that reduction week” substitute “regardless of when those earnings were actually received”;

(ii)for sub-paragraphs (b) and (c) substitute—

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment, and the first day of each reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings from employment change, and the first day of each reduction week thereafter, regardless of when those earnings were actually received.;

(c)in paragraph 19(4)(a) (notional income: persons who are not pensioners), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(d)in paragraph 21 (treatment of child care charges)—

(i)for sub-paragraph (8)(l) substitute—

(1) by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or ;

(ii)in sub-paragraph (11)(a) after “the work-related activity component” insert “or the other member would be a member of the work-related activity group”;

(iii)in sub-paragraph (11)(c) after “the work-related activity component” insert “or the other member would be a member of the work-related activity group”;

(e)in paragraph 27(7) (income treated as capital: persons who are not pensioners), after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund,”;

(f)in paragraph 30 (notional capital: persons who are not pensioners), in sub-paragraph (4)(a), after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

10.  In Schedule 7 (applicable amounts: persons who are not pensioners)—

(a)in column (2) of the Table in paragraph 1 (personal allowances)—

(i)in sub-paragraph (1) for “£73.85” in each place in which it occurs substitute “£76.10” and for “£58.50” substitute “£60.25”;

(ii)in sub-paragraph (2) for “£73.85” substitute “£76.10”;

(iii)in sub-paragraph (3) for “£116.00” substitute “£119.50”;

(b)in paragraph 2(a) after “the applicant” insert “or the applicant is a member of the work-related activity group”;

(c)in the Table in Part 4 (amounts of premiums specified in Part 3), in the second column—

(i)in sub-paragraph (1) for “£32.55” and “£46.40” substitute “£33.55” and “£47.80” respectively;

(ii)in sub-paragraph (2) for “£62.45” in each place in which it occurs substitute “£64.30” and for “£124.90” substitute “£128.60”;

(iii)in sub-paragraph (3) for “£60.90” substitute “£62.86”;

(iv)in sub-paragraph (4) for “£34.95” substitute “£36.00”;

(v)in sub-paragraph (5) for “£24.78”, “£15.90” and “£22.85” substitute “£25.48”, “£16.40” and “£23.55” respectively;

(d)in Part 5 (the components), in paragraph 18(c)(ii) omit “or the work-related activity component”;

(e)in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£36.55” substitute “£37.65”.

11.  In Schedule 8 (sums disregarded in the calculation of earnings: persons who are not pensioners)—

(a)in paragraph 4(2), after “Schedule 7 (applicable amounts: persons who are not pensioners)” insert “or where the applicant or the applicant’s partner is a member of the work-related activity group”;

(b)in paragraph 18, in sub-paragraph (2)(b)(iv)—

(i)in paragraph (aa), for “respectively” substitute “, or the applicant or the applicant’s partner is a member of the work-related activity group”;

(ii)in paragraph (bb), for “and is engaged in remunerative work for on average not less than 16 hours per week” substitute “, or at least one of the couple is a member of the work-related activity group”.

12.  In Schedule 9 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

(a)for paragraph 20(g) substitute—

(g)a pension paid by a government to victims of National Socialist persecution.;

(b)in paragraph 41, in sub-paragraphs (1) and (7), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

13.  In Schedule 10 (capital disregards: persons who are not pensioners)—

(a)in paragraph 29—

(i)in sub-paragraph (1), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(ii)in sub-paragraph (7), after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(b)in paragraph 38, after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(c)after paragraph 63 insert—

64.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

14.  In Schedule 13 (all applicants: matters that must be included in an authority’s scheme–other matters), in paragraph 5(7)(a)(ii) (evidence and information), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

Amendments to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013

15.  The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013(12) is amended in accordance with regulations 16 to 33.

16.  In paragraph 2 (interpretation), in sub-paragraph (1)—

(a)in the appropriate place insert—

(i)“approved blood scheme” (“cynllun gwaed cymeradwy”) means—

(a)

a scheme established or approved by the Secretary of State, or a trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; or

(b)

a scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006(13) and administered by Velindre Trust(14) for the purpose of making payments and providing support to, or in respect of, individuals infected with Hepatitis C, HIV or both, through contaminated blood or blood products used by the NHS;;

(ii)“the London Emergencies Trust” (“Ymddiriedolaeth Argyfyngau Llundain”) means the company of that name (number 09928465) incorporated on 23 December 2015 and the registered charity of that name (number 1172307) established on 28 March 2017;;

(iii)“member of the work-related activity group” (“aelod o’r grŵp gweithgaredd perthynol i waith”) means a person who has or is treated as having limited capability for work under either—

(a)

Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or

(b)

Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;;

(iv)“the Scottish Infected Blood Support Scheme” (“Cynllun Cymorth Gwaed Heintiedig yr Alban”) means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);;

(v)“the We Love Manchester Emergency Fund” (“Cronfa Argyfwng We Love Manchester”) means the registered charity of that name (number 1173260) established on 30 May 2017;;

(b)for the definition of “care home” (“cartref gofal”) substitute—

“care home” (“cartref gofal”)—

(a)

in England has the meaning given by section 3 of the Care Standards Act 2000;

(b)

in Wales means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults;

(c)

in Scotland means a care home service within the meaning given by paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010; and

(d)

in Northern Ireland means a nursing home within the meaning of article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 or a residential care home within the meaning of article 10 of that Order;;

(c)for the definition of “main phase employment and support allowance” (“lwfans cyflogaeth a chymorth prif wedd”) substitute—

“main phase employment and support allowance (“lwfans cyflogaeth a chymorth prif wedd”), except in Part 1 of Schedule 3, means an employment and support allowance where—

(a)

the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007; or

(b)

the applicant is a member of the work-related activity group;;

(d)in the definition of “qualifying person” (“person cymwys”), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

17.  In paragraph 28 (non-dependant deductions: pensioners and persons who are not pensioners)—

(a)in sub-paragraph (1)(a) for “£12.70” substitute “£13.10”;

(b)in sub-paragraph (1)(b) for “£4.20” substitute “£4.35”;

(c)in sub-paragraph (2)(a) for “£200.00” substitute “£205.00”;

(d)in sub-paragraph (2)(b) for “£200.00”, “£346.00” and “£8.40” substitute “£205.00”, “£355.00” and “£8.70” respectively;

(e)in sub-paragraph (2)(c) for “£346.00”, “£430.00” and “£10.60” substitute “£355.00”, “£440.00” and “£10.95” respectively;

(f)in sub-paragraph (8)(a) after “income-related employment and support allowance” insert “and where the non-dependant is not a member of the work- related activity group”;

(g)in sub-paragraph (9)(b), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(h)in sub-paragraph (9)(c) for “.” substitute “; and”;

(i)after sub-paragraph (9)(c) insert—

(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

18.  In paragraph 36(1) (meaning of “income”: pensioners)—

(a)for paragraph (j)(xiii) substitute—

(xiii)bereavement support payment under section 30 of the Pensions Act 2014;;

(b)for paragraph (m) substitute—

(m)a pension paid by a government to victims of National Socialist persecution;.

19.  In paragraph 37 (calculation of weekly income: pensioners)—

(a)in sub-paragraph (3A)—

(i)in paragraph (a) for “regardless of whether those earnings were actually received in that reduction week” substitute “regardless of when those earnings were actually received”;

(ii)for paragraphs (b) and (c) substitute—

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment, and the first day of each reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings from employment change, so as to require recalculation under this paragraph, and the first day of each reduction week thereafter, regardless of when those earnings were actually received.;

(b)in sub-paragraph (4A)—

(i)in paragraph (a) for “regardless of whether those earnings were actually received in that reduction week” substitute “regardless of when those earnings were actually received”;

(ii)for paragraphs (b) and (c) substitute—

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment, and the first day of each reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings from employment change and the first day of each reduction week thereafter, regardless of when those earnings were actually received.

20.  For paragraph 44A (date on which income consisting of earnings from employment as an employed earner are taken into account: persons who are not pensioners) substitute—

Date on which income consisting of earnings from employment as an employed earner are taken into account: persons who are not pensioners

44A.  An applicant’s average weekly earnings from employment estimated pursuant to paragraph 44 (average weekly earnings of employed earners: persons who are not pensioners) must be taken into account—

(a)in the case of an application, on the date on which the application was made or treated as made, and the first day of each reduction week thereafter, regardless of when those earnings were actually received;

(b)in the case of an application or a reduction under a scheme where the applicant commences employment, the day on which the applicant commences that employment and the first day of the reduction week thereafter, regardless of when those earnings were actually received; or

(c)in the case of an application or reduction under a scheme where the applicant’s average weekly earnings from employment change, the day on which the applicant’s earnings from employment change and the first day of each reduction week thereafter, regardless of when those earnings were actually received.

21.  In paragraph 53 (notional income: persons who are not pensioners), in sub-paragraph (4)(a), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund ”.

22.  In paragraph 55 (treatment of child care charges)—

(a)for sub-paragraph (8)(l) substitute—

(1) by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or;

(b)in sub-paragraph (11)(c), after “the work-related activity component” insert “or the other member would be a member of the work-related activity group”;

(c)in sub-paragraph (11)(e), after “work related activity component” insert “or the other member of the couple would be a member of the work-related activity group”.

23.  In each of the following provisions, after “the Caxton Foundation” insert, “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)paragraph 61(7) (income treated as capital: persons who are not pensioners);

(b)paragraph 64(6)(a) (notional capital);

(c)paragraph 111(7)(a)(ii) (evidence and information).

24.  In Schedule 2 (applicable amounts: pensioners)—

(a)in column (2) of the Table in paragraph 1 (personal allowances)—

(i)in sub-paragraph (1) for “£159.35” and “£172.55” substitute “£163.00” and “£176.40” respectively;

(ii)in sub-paragraph (2) for “£243.25” and “£258.15” substitute “£248.80” and “£263.80” respectively;

(iii)in sub-paragraph (3) for “£243.25” and “£83.90” substitute “£248.80” and “£85.80” respectively;

(iv)in sub-paragraph (4) for “£258.15” and “£85.60” substitute “£263.80” and “£87.40” respectively;

(b)in the Table in Part 4 (amounts of premiums specified in Part 3), in the second column—

(i)in sub-paragraph (1) for “£62.45” in each place in which it occurs substitute “£64.30” and for “£124.90” substitute “£128.60”;

(ii)in sub-paragraph (2) for “£24.78” substitute “£25.48”;

(iii)in sub-paragraph (3) for “£60.90” substitute “£62.86”;

(iv)in sub-paragraph (4) for “£34.95” substitute “£36.00”.

25.  In Schedule 3 (applicable amounts: persons who are not pensioners)—

(a)In column (2) of the Table in paragraph 1 (personal allowances)—

(i)in sub-paragraph (1) for “£73.85” in each place in which it occurs substitute “£76.10” and for “£58.50” substitute “£60.25”;

(ii)in sub-paragraph (2) for “£73.85” substitute “£76.10”;

(iii)in sub-paragraph (3) for “£116.00” substitute “£119.50”;

(b)in paragraph 2(a) after “the applicant” insert “or the applicant is a member of the work-related activity group”;

(c)in the Table in Part 4 (amount of premiums specified in Part 3), in the second column—

(i)in sub-paragraph (1) for “£32.55” and “£46.40” substitute “£33.55” and “£47.80” respectively;

(ii)in sub-paragraph (2) for “£62.45” in each place in which it occurs substitute “£64.30” and for “£124.90” substitute “£128.60”;

(iii)in sub-paragraph (3) for “£60.90” substitute “£62.86”;

(iv)in sub-paragraph (4) for “£34.95” substitute “£36.00”;

(v)in sub-paragraph (5) for “£24.78”, “£15.90” and “£22.85” substitute “£25.48”, “£16.40” and “£23.55” respectively;

(d)in Part 5 (the components), in paragraph 18(c)(ii), omit “or the work related activity component”;

(e)in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£36.55” substitute “£37.65”.

26.  In Schedule 4 (sums disregarded from applicant’s earnings: pensioners), in paragraph 5(1)(d)(ii) for “or the work-related activity component arising” substitute “arises”.

27.  In Schedule 5 (amounts to be disregarded in the calculation of income other than earnings: pensioners), for paragraph 1(g) substitute—

(g)a pension paid by a government to victims of National Socialist persecution.

28.  In Schedule 6 (sums disregarded in the calculation of earnings: persons who are not pensioners)—

(a)in paragraph 4(2), after “Schedule 3 (applicable amounts: persons who are not pensioners)” insert “or where the applicant or the applicant’s partner is a member of the work-related activity group”;

(b)in paragraph 18, in sub-paragraph (2)(b)(iv)—

(i)in paragraph (aa), for “respectively” substitute “, or the applicant or the applicant’s partner is a member of the work-related activity group”;

(ii)in paragraph (bb), for “and is engaged in remunerative work for on average not less than 16 hours per week” substitute “or at least one of the couple is a member of the work-related activity group”.

29.  In Schedule 7 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

(a)for paragraph 20(g) substitute—

(g)a pension paid by a government to victims of National Socialist persecution.;

(b)in paragraph 41(1) and (7), after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

30.  In Schedule 8 (capital disregards: pensioners)—

(a)in paragraph 16(1)(a), after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(b)after paragraph 28A insert—

28B.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

31.  In Schedule 9 (capital disregards: persons who are not pensioners)—

(a)in paragraph 29(1) after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(b)in paragraph 29(8) after “the Caxton Foundation,” insert “an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(c)in paragraph 38 after “the Caxton Foundation” insert “, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund”;

(d)after paragraph 63 insert—

64.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

Mark Drakeford

Cabinet Secretary for Finance, one of the Welsh Ministers

9 January 2018

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