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The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2019

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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 2019.

(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 2019.

(4) In these Regulations “council tax reduction scheme” 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 10.

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

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

(i)in sub-paragraph (1)(a) for “£13.10” substitute “£13.75”;

(ii)in sub-paragraph (1)(b) for “£4.35” substitute “£4.55”;

(iii)in sub-paragraph (2)(a) for “£205.00” substitute “£210.00”;

(iv)in sub-paragraph (2)(b) for “£205.00”, “£355.00” and “£8.70” substitute “£210.00”, “£365.00” and “£9.15” respectively;

(v)in sub-paragraph (2)(c) for “£355.00”, “£440.00” and “£10.95” substitute “£365.00”, “£450.00” and “£11.50” respectively;

(b)in paragraph 19(8)(k) (treatment of child care charges: pensioners), for “Fostering Services (Wales) Regulations 2003” substitute “Fostering Services (Wales) Regulations 2003(2) or any regulations made under sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014(3) which make provision for the approval of local authority foster parents”.

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

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

(i)in sub-paragraph (1) for “£163.00” and “£176.40” substitute “£167.25” and “£181.00” respectively;

(ii)in sub-paragraph (2) for “£248.80” and “£263.80” substitute “£255.25” and “£270.60” respectively;

(iii)in sub-paragraph (3) for “£248.80” and “£85.80” substitute “£255.25” and “£88.00” respectively;

(iv)in sub-paragraph (4) for “£263.80” and “£87.40” substitute “£270.60” and “£89.60” 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 “£64.30” in each place where it occurs substitute “£65.85” and for “£128.60” substitute “£131.70”;

(ii)in sub-paragraph (2) for “£25.48” substitute “£26.04”;

(iii)in sub-paragraph (3) for “£62.86” substitute “£64.19”;

(iv)in sub-paragraph (4) for “£36.00” substitute “£36.85”.

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

(a)in paragraph 21(2)—

(i)in paragraph (p) omit “or”;

(ii)in paragraph (q) for “.” substitute “; or”;

(iii)after paragraph (q) insert—

(r)bereavement support payment under section 30 of the Pensions Act 2014(4),; and

(b)after paragraph 28B insert—

28C.  Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017(5) (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

6.  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-dependent deductions: persons who are not pensioners)—

(i)in sub-paragraph (1)(a) for “£13.10” substitute “£13.75”;

(ii)in sub-paragraph (1)(b) for “£4.35” substitute “£4.55”;

(iii)in sub-paragraph (2)(a) for “£205.00” substitute “£210.00”;

(iv)in sub-paragraph (2)(b) for “£205.00”, “£355.00” and “£8.70” substitute “£210.00”, “£365.00” and “£9.15” respectively;

(v)in sub-paragraph (2)(c) for “£355.00”, “£440.00” and “£10.95” substitute “£365.00”, “£450.00” and “£11.50” respectively;

(vi)in sub-paragraph (8) for paragraph (a) substitute—

(a)who is not a member of the work-related activity group, and is on income support, state pension credit, an income-based jobseeker’s allowance or income related employment and support allowance;;

(b)in paragraph 21(8)(k) (treatment of child care charges) for “Fostering Services (Wales) Regulations 2003” substitute “Fostering Service (Wales) Regulations 2003 or any regulations made under sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 which make provision for the approval of local authority foster parents.”

7.  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 “£76.10” in each place in which it occurs substitute “£77.90” and for “£60.25” substitute “£61.70”;

(ii)in sub-paragraph (2) for “£76.10” substitute “£77.90”;

(iii)in sub-paragraph (3) for “£119.50” substitute “£122.35”;

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

(i)in sub-paragraph (1) for “£33.55” and “£47.80” substitute “£34.35” and “£48.95” respectively;

(ii)in sub-paragraph (2) for “£64.30” in each place in which it occurs substitute “£65.85” and for “£128.60” substitute “£131.70”;

(iii)in sub-paragraph (3) for “£62.86” substitute “£64.19”;

(iv)in sub-paragraph (4) for “£36.00” substitute “£36.85”;

(v)in sub-paragraph (5) for “£25.48”, “£16.40”, and “£23.55” substitute “£26.04”, “£16.80” and “£24.10” respectively;

(c)in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£37.65” substitute “£38.55”.

8.  In Schedule 8 (sums disregarded in the calculation of earnings: persons who are not pensioners), in paragraph 18(2)(b), for sub-paragraph (iv) substitute—

(iv)not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

(aa)the applicant’s applicable amount includes a disability premium under paragraph 9 of Schedule 7 or the support component under paragraph 22 of Schedule 7; or

(bb)the applicant is a member of the work-related activity group; or

(v)is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

(aa)satisfies the qualifying conditions for the disability premium under paragraph 9 of Schedule 7 or the support component under paragraph 22 of Schedule 7; or

(bb)is a member of the work-related activity group.

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

(a)in paragraph 46(2) after “Secretary of State for Health” insert “and Social Care”;

(b)after paragraph 66 insert—

67.  Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(h) or 65 of Schedule 10.

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

(a)in paragraph 12(1)—

(i)in paragraph (g) for “,” substitute “;”;

(ii)after paragraph (g) insert—

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

(b)in paragraph 43(2) after “Secretary of State for Health” insert “and Social Care”;

(c)after paragraph 64 insert—

65.  Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

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

11.  The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013(6) is amended in accordance with regulations 12 to 19.

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

(a)in sub-paragraph (1)(a) for “£13.10” substitute “£13.75”;

(b)in sub-paragraph (1)(b) for “£4.35” substitute “£4.55”;

(c)in sub-paragraph (2)(a) for “£205.00” substitute “£210.00”;

(d)in sub-paragraph (2)(b) for “£205.00”, “£355.00” and “£8.70” substitute “£210.00”, “£365.00” and “£9.15” respectively;

(e)in sub-paragraph (2)(c) for “£355.00”, “£440.00” and “£10.95” substitute “£365.00”, “£450.00” and “£11.50”.

13.  In paragraph 55(8)(k) (treatment of child care charges) for “Fostering Services (Wales) Regulations 2003” substitute “Fostering Services (Wales) Regulations 2003 or any regulations made under sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 which make provision for the approval of local authority foster parents”.

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

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

(i)in sub-paragraph (1) for “£163.00” and “£176.40” substitute “£167.25” and “£181.00” respectively;

(ii)in sub-paragraph (2) for “£248.80” and “£263.80” substitute “£255.25” and “£270.60” respectively;

(iii)in sub-paragraph (3) for “£248.80” and “£85.80” substitute “£255.25” and “£88.00” respectively;

(iv)in sub-paragraph (4) for “£263.80” and “£87.40” substitute “£270.60” and “£89.60” 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 “£64.30” in each place in which it occurs substitute “£65.85” and for “£128.60” substitute “£131.70”;

(ii)in sub-paragraph (2) for “£25.48” substitute “£26.04”;

(iii)in sub-paragraph (3) for “£62.86” substitute “£64.19”;

(iv)in sub-paragraph (4) for “£36.00” substitute “£36.85”.

15.  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 “£76.10” in each place in which it occurs substitute “£77.90” and for “£60.25” substitute “£61.70”;

(ii)in sub-paragraph (2) for “£76.10” substitute “£77.90”;

(iii)in sub-paragraph (3) for “£119.50” substitute “£122.35”;

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

(i)in sub-paragraph (1) for “£33.55” and “£47.80” substitute “£34.35” and “£48.95” respectively;

(ii)in sub-paragraph (2) for “£64.30” in each place in which it occurs substitute “£65.85” and for “£128.60” substitute “£131.70”;

(iii)in sub-paragraph (3) for “£62.86” substitute “£64.19”;

(iv)in sub-paragraph (4) for “£36.00” substitute “£36.85”;

(v)in sub-paragraph (5) for “£25.48”, “£16.40” and “£23.55” substitute “£26.04”, “£16.80” and “£24.10” respectively;

(c)in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£37.65” substitute “£38.55”.

16.  In Schedule 6 (sums disregarded in the calculation of earnings: persons who are not pensioners), in paragraph 18(2)(b), for sub-paragraph (iv) substitute—

(iv)not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

(aa)the applicant’s applicable amount includes a disability premium under paragraph 9 of Schedule 3 or the support component under paragraph 22 of Schedule 3; or

(bb)the applicant is a member of the work-related activity group; or

(v)is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

(aa)satisfies the qualifying conditions for the disability premium under paragraph 9 of Schedule 3 or the support component under paragraph 22 of Schedule 3; or

(bb)is a member of the work-related activity group.

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

(a)in paragraph 46(2) after “Secretary of State for Health” insert “and Social Care”;

(b)after paragraph 66 insert—

67.  Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(h) of Schedule 9 or paragraph 65 of Schedule 9.

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

(a)in paragraph 21(2)—

(i)in paragraph (p) omit “or”;

(ii)in paragraph (q) for “.” substitute “; or”;

(iii)after paragraph (q) insert—

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

(b)after paragraph 28B insert—

28C.  Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

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

(a)for paragraph 12(1) substitute—

(1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of the following, but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment—

(a)any payment specified in paragraphs 11, 13 or 14 of Schedule 7;

(b)an income-related benefit under Part 7 of the SSCBA(7);

(c)an income-based jobseeker’s allowance;

(d)any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001(8);

(e)working tax credit and child tax credit;

(f)an income-related employment and support allowance;

(g)universal credit;

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

(b)in paragraph 43(2) after “Secretary of State for Health” insert “and Social Care”;

(c)after paragraph 64 insert—

65.  Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

Rebecca Evans

Minister for Finance and Trefnydd, one of the Welsh Ministers

8 January 2019

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