The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020

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 2020.

(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 2020.

(4) In these Regulations “council tax reduction scheme” (“cynllun gostyngiadau’r dreth gynor”) 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 regulation 2(1) (interpretation) in the appropriate place insert—

““parental bereavement leave” (“absenoldeb profedigaeth rhiant”) means leave under section 80EA of the Employment Rights Act 1996(2);”.

4.  In regulation 4 (meaning of “couple”), in paragraph (b), after “married couple” insert “or civil partners”.

5.  In regulation 10 (remunerative work), in paragraph 7, after “shared parental leave” insert “, parental bereavement leave”.

6.  In regulation 28 (persons treated as not being in Great Britain)—

(a) in paragraph 4—

(i) at the end of sub-paragraph (c) omit “or”;

(ii) in sub-paragraph (d)—

(aa) for “15A(1)” substitute “16”;

(bb) for “(4A)” substitute “(5)”; and

(cc) at the end omit “.” and insert “; or”;

(iii) after sub-paragraph (d) insert—

“(e) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(i) Appendix EU to the immigration rules made under section 3(2) of that Act;

(ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act; or

(iii) article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019(3) made under section 3A of that Act.”;

(b) in paragraph 8, in the definition of “EEA Regulations” for “2006” substitute “2016”.

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

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

(i) in sub-paragraph (1)(a) for “£13.75” substitute “£14.65”;

(ii) in sub-paragraph (1)(b) for “£4.55” substitute “£4.85”;

(iii) in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;

(iv) in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;

(v) in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively;

(b) in paragraph 10(1)(j) (meaning of “income”: pensioners), after paragraph (xvia), insert—

“(xvib) statutory parental bereavement pay under Part 12ZD of the SSCBA(4);”;

(c) in paragraph 12 (earnings of employed earners: pensioners), after sub-paragraph 1(ja) insert—

“(jb) statutory parental bereavement pay under Part 12ZD of that Act;”;

(d) in paragraph 13 (calculation of net earnings of employed earners: pensioners), in sub-paragraph 2(d), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;

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

(i) in sub-paragraph (15)—

(aa) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(bb) in paragraph (a) , after shared parental leave” insert “, parental bereavement leave”;

(cc) in paragraph (c), after “statutory shared parental pay by virtue of section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act(5)”;

(ii) in sub-paragraph (16)—

(aa) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(bb) in paragraphs (b) and (c), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.

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

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

(i) in sub-paragraph (1) for “£167.25” and “£181.00” substitute “£173.80” and “£187.80” respectively;

(ii) in sub-paragraph (2) for “£255.25” and “£270.60” substitute “£265.20” and “£280.85” respectively;

(iii) in sub-paragraph (3) for “£255.25” and “£88.00” substitute “£265.20” and “£91.40” respectively;

(iv) in sub-paragraph (4) for “£270.60” and “£89.60” substitute “£280.85” and “£93.05” 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 “£65.85” in each place where it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;

(ii) in sub-paragraph (2) for “£26.04” substitute “£26.60”;

(iii) in sub-paragraph (3) for “£64.19” substitute “£65.52”;

(iv) in sub-paragraph (4) for “£36.85” substitute “£37.50”.

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 “£13.75” substitute “£14.65”;

(ii) in sub-paragraph (1)(b) for “£4.55” substitute “£4.85”;

(iii) in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;

(iv) in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;

(v) in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively;

(b) in paragraph 14 (earnings of employed earners: persons who are not pensioners)—

(i) in sub-paragraph (1)(j), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;

(ii) in sub-paragraph (1)(k), after “shared parental leave” insert “, parental bereavement leave”;

(c) in paragraph 15 (calculation of net earnings of employed earners: persons who are not pensioners), in sub-paragraph (3)(d), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;

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

(i) in sub-paragraph (15)—

(aa) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(bb) in paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(cc) in paragraph (c), after “ statutory shared parental pay under section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act”;

(ii) in sub-paragraph (16)—

(aa) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(bb) in paragraphs (b) and (c), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.

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 “£77.90” in each place in which it occurs substitute “£79.20” and for “£61.70” substitute “£62.75”;

(ii) in sub-paragraph (2) for “£77.90” substitute “£79.20”;

(iii) in sub-paragraph (3) for “£122.35” substitute “£124.45”;

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

(i) in sub-paragraph (1) for “£34.35” and “£48.95” substitute “£34.95” and “£49.80” respectively;

(ii) in sub-paragraph (2) for “£65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;

(iii) in sub-paragraph (3) for “£64.19” substitute “£65.52”;

(iv) in sub-paragraph (4) for “£36.85” substitute “£37.50”;

(v) in sub-paragraph (5) for “£26.04”, “£16.80” and “£24.10” substitute “£26.60”, “£17.10” and “£24.50” respectively;

(c) in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£38.55” substitute “£39.20”.

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 24.

12.  In paragraph 2(1) (interpretation), in the appropriate place insert—

““parental bereavement leave” (“absenoldeb profedigaeth rhiant”) means leave under section 80EA of the Employment Rights Act 1996;”.

13.  In paragraph 4(b) (meaning of “couple”), after “married couple” insert “or civil partners”.

14.  In paragraph 10 (remunerative work), in sub-paragraph 7, after “shared parental leave” insert “, parental bereavement leave”.

15.  In paragraph 19 (class of person excluded from this scheme: persons treated as not being in Great Britain)—

(a) in sub-paragraph (4)—

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

(ii) in paragraph (d)—

(aa) for “15A(1)” substitute “16”;

(bb) for “(4A)” substitute “(5)”;

(cc) at the end omit “.” and insert “; or”;

(b) after sub-paragraph (4) insert—

“(e) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(i) Appendix EU to the immigration rules made under section 3(2) of that Act;

(ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act; or

(iii) article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019(7) made under section 3A of that Act.”;

(c) in sub-paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “2016”.

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

(a) in sub-paragraph (1)(a) for “£13.75” substitute “£14.65”;

(b) in sub-paragraph (1)(b) for “£4.55” substitute “4.85”;

(c) in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;

(d) in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;

(e) in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively.

17.  In paragraph 36(1)(j) (meaning of “income”: pensioners), after paragraph (xvia), insert—

“(xvib) statutory parental bereavement pay under Part 12ZD of SSCBA;”.

18.  In paragraph 38(1) (earnings of employed earners: pensioners), after paragraph (ja) insert—

“(jb) statutory parental bereavement pay under Part 12ZD of SSCBA;”.

19.  In paragraph 39(2)(d) (calculation of net earnings of employed earners: pensioners), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.

20.  In paragraph 48(1) (earnings of employed earners: persons who are not pensioners)—

(a) in paragraph (j) after “statutory shared parental pay” insert “, statutory parental bereavement pay”;

(b) in paragraph (k) after “shared parental leave” insert “, parental bereavement leave”.

21.  In paragraph 49(3)(d) (calculation of net earnings of employed earners: persons who are not pensioners), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.

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

(a) in sub-paragraph (15)—

(i) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(ii) in paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(iii) in paragraph (c), after “statutory shared parental pay under section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act”;

(b) in sub-paragraph (16)—

(i) in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;

(ii) in paragraph (b) after “statutory shared parental pay” insert “statutory parental bereavement pay”;

(iii) in paragraph (c) for “statutory shared parental pay ends or statutory adoption pay ends,” substitute “statutory shared parental pay, statutory parental bereavement pay or statutory adoption pay ends,”.

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

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

(i) in sub-paragraph (1) for “£167.25” and “£181.00” substitute “£173.80” and “£187.80” respectively;

(ii) in sub-paragraph (2) for “£255.25” and “£270.60” substitute “”£265.20” and “£280.85” respectively;

(iii) in sub-paragraph (3) for “£255.25” and “£88.00” substitute “£265.20” and “£91.40” respectively;

(iv) in sub-paragraph (4) for “£270.60” and “£89.60” substitute “£280.85” and “£93.05” 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 £65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;

(ii) in sub-paragraph (2) for “£26.04” substitute “£26.60;

(iii) in sub-paragraph (3) for “£64.19” substitute “£65.52”;

(iv) in sub-paragraph (4) for “£36.85” substitute “£37.50”.

24.  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 “£77.90” in each place in which it occurs substitute “£79.20” and for “£61.70” substitute “£62.75”;

(ii) in sub-paragraph (2) for “£77.90” substitute “£79.20”;

(iii) in sub-paragraph (3) for “£122.35” substitute “£124.45”;

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

(i) in sub-paragraph (1) for “£34.35” and “£48.95” substitute “£34.95” and “£49.80” respectively;

(ii) in sub-paragraph (2) for “£65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;

(iii) in sub-paragraph (3) for “£64.19” substitute “£65.52”;

(iv) in sub-paragraph (4) for “£36.85” substitute “£37.50”;

(v) in sub-paragraph (5) for “£26.04”, “£16.80” and “£24.10” substitute “£26.60”, “£17.10” and “£24.50” respectively;

(c) in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£38.55” substitute “£39.20”.

Rebecca Evans

Minister for Finance and Trefnydd, one of the Welsh Ministers

8 January 2020