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The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- sch. 1 para. 13 table sum substituted by S.S.I. 2024/35 reg. 8(c)(i)
- sch. 1 para. 13 table sum substituted by S.S.I. 2024/35 reg. 8(c)(ii)
- sch. 1 para. 13 table sum substituted by S.S.I. 2024/35 reg. 8(c)(iii)
- sch. 1 para. 13 table sum substituted by S.S.I. 2024/35 reg. 8(c)(iv)
- sch. 1 para. 13 table sum substituted by S.S.I. 2024/35 reg. 8(c)(v)
- sch. 4 para. 16(1E) inserted by S.S.I. 2024/35 reg. 5(a)(i)
- reg. 48(9)(k) and word inserted by S.S.I. 2024/35 reg. 4(b)
This section has no associated Policy Notes
6.—(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of a benefit for—S
(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 M1 applies, any period during which, but for the provisions of those Regulations, [F1the person] would be in receipt of that benefit; F2...
[F3(ab)in the case of carer support payment, any period during which, but for regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, the person would be in receipt of carer support payment, and]
(b)any period spent by a person in undertaking a course of training or instruction provided or approved by Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M2 or the Secretary of State under section 2 of the 1973 Act M3 for any period during which [F1the person] is in receipt of a training allowance.
(2) For the purposes of the carer premium under paragraph 10, a person is to be treated as being in receipt of a carer's allowance by virtue of sub-paragraph (1)(a) [F4or carer support payment by virtue of sub-paragraph (1)(ab)] only for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the 1992 Act [F5, the care component of child disability payment at the highest or middle rate] [F6, the standard or enhanced rate of the daily living component of adult disability payment] [F7, armed forces independence payment] or the daily living component of personal independence payment.
Textual Amendments
F1Words in sch. 1 para. 6(1) substituted (1.10.2013) by The Council Tax Reduction (Scotland) Amendment (No. 2) Regulations 2013 (S.S.I. 2013/218), regs. 1, 14
F2Word in sch. 1 para. 6(1)(a) omitted (19.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(a)(i) (with reg. 9)
F3Sch. 1 para. 6(1)(ab) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(a)(ii) (with reg. 9)
F4Words in sch. 1 para. 6(2) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 6(3)(b) (with reg. 9)
F5Words in sch. 1 para. 6(2) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 14(6)(a) (with reg. 19)
F6Words in sch. 1 para. 6(2) inserted (21.3.2022) by The Disability Assistance for Working Age People (Consequential and Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/31), regs. 1, 14(6)(a) (with reg. 20)
F7Words in sch. 1 para. 6(2) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 12(7)(a)
Marginal Citations
M1S.I. 1979/597 as amended by S.I. 1980/1927, 1982/1173, 1983/186, 1984/1303, 1988/1446, 1991/387, 547, 1617 and 2742, 1992/589 and 3194, 1993/965, 1995/829, 1996/1345, 1803 and 3207, 1999/820 and 1362, 2000/799 and 1483, 2002/2497, 2003/136 and 937, 2004/565, 2005/337, 1551 and 2877, 2006/2379, 2008/1554, 2010/1941 and 2012/956.
M21990 (c.35). Section 2 was amended by section 47 of and Schedule 10 to the Trade Union Reform and Employment Rights Act 1993 (c.19), paragraph 20 of Schedule 26 to the Equality Act 2010 (c.15) and S.I. 1999/1820.
M3Section 2 was substituted by section 25 of the Employment Act 1988 (c.19) and amended by section 29 of and Schedule 7 to the Employment Act 1989 (c.38) and section 47 of the Trade Union Reform and Employment Rights Act 1993.
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