2020 No. 413

Council Tax

The Council Tax Reduction (Scotland) Amendment (No. 4) Regulations 2020

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992 F1 and all other powers enabling them to do so.

Annotations:
Amendments (Textual)
F1

1992 c.14. Section 80 and paragraph 1 of schedule 2 were amended by paragraph 176 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). There are other amendments to section 80 and amendments to section 113(1) that are not relevant to these Regulations. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Citation and commencementI11

These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment (No. 4) Regulations 2020 and come into force on 1 February 2021.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.2.2021, see reg. 1

Amendment of the Council Tax Reduction (Scotland) Regulations 2012I142

The Council Tax Reduction (Scotland) Regulations 2012 F2 are amended in accordance with regulations 3 to 6.

F18I23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19I34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I45

In schedule 4 (sums that are to be disregarded as income)—

a

in paragraph 37 (crisis payments) F3, after sub-paragraph (a) insert—

aa

by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 (power to advance well-being) F4 and using funds provided by the Scottish Ministers,

F20b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21I56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012I157

The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 F5 are amended in accordance with regulations 8 to 15.

I68

In regulation 2(1), for the definition of “qualifying age for state pension credit” substitute—

“qualifying age for state pension credit” means pensionable age (see section 1(2)(b) and (6) of the State Pension Credit Act 2002),

Annotations:
Commencement Information
I6

Reg. 8 in force at 1.2.2021, see reg. 1

I79

In regulation 12 (application of the Regulations) F6—

a

at the end of paragraph (2) insert “ , except as provided for by paragraphs (3) and (4) ”,

b

after paragraph (2) insert—

3

These Regulations apply to a person who is in receipt of an award of universal credit, or who has a partner who is in receipt of an award of universal credit, if the person with that award has (or, in the case of a joint award, both persons have) attained the qualifying age for state pension credit and—

a

the award of universal credit is continuing pending a superseding decision taking effect at the end of a universal credit assessment period, as provided for by paragraph 26 of schedule 1 (effective dates for superseding decisions made on the ground of a change in circumstances) of the Universal Credit, Personal Independence Payment, Jobseekers Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 F7, or

b

the person awarded universal credit was not entitled to receive that award.

4

These Regulations apply to a couple, only one of whom has reached the qualifying age for state pension credit, if that person is in receipt of an award of state pension credit and also an award of universal credit, where that award of universal credit is not precluded by virtue of regulation 5(2)(b)(iv) of the Universal Credit (Transitional Provisions) Regulations 2014 (entitlement to continuing award of state pension credit during a first assessment period for universal credit where the person is a new claimant partner) F8.

I810

In regulation 27(1)(j) (social security benefits not to be treated as income) F9—

a

in head (xi) (crisis payments), after sub-head (aa), insert—

ab

by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 (power to advance well-being) F10 and using funds provided by the Scottish Ministers,

b

in head (xi), in sub-head (bb) for “sub-paragraph” substitute “ sub-head ”, and

c

after head (xxiii) (social security benefits that are not to be treated as income: funeral expense assistance), insert—

xxiv

any Scottish child payment assistance paid by virtue of section 79 of that Act F11,

xxv

any payment of winter heating assistance made by virtue of Regulations under section 30 of that Act F12,

xxvi

universal credit,

I911

In regulation 55 (continuing payments where state pension credit claimed)—

a

in paragraph (1)(c)(i), omit from “or, if” to the end of head (i),

b

in paragraph (2)(a)(ii), omit “or the age of 65”.

Annotations:
Commencement Information
I9

Reg. 11 in force at 1.2.2021, see reg. 1

I1012

In regulation 59 (date on which a change in circumstances is to take effect) F13, in paragraph (10)(a) for “age of 65” substitute “ qualifying age for state pension credit ”.

I1113

In the table at paragraph 2 of schedule 1 (applicable amount: personal allowances) F14—

a

omit sub-paragraphs (1)(a), (2)(a) and (3) in column 1, and the amounts specified in column 2 in respect of these sub-paragraphs,

b

for sub-paragraph (1)(b) substitute “ who has attained the qualifying age for state pension credit ”,

c

for sub-paragraph (2)(b) substitute “ where one or both members have attained the qualifying age for state pension credit ”,

d

in sub-paragraph (4), for “is aged 65 or over” substitute “ has attained the qualifying age for state pension credit ”.

Annotations:
Commencement Information
I11

Reg. 13 in force at 1.2.2021, see reg. 1

Amendments (Textual)
F14

The only relevant amending instrument is S.S.I. 2019/29.

I1214

In paragraph 10(b) of schedule 3 (sums to be disregarded in the calculation of income other than earnings: annuities), for “age of 65” substitute “ qualifying age for state pension credit ”.

Annotations:
Commencement Information
I12

Reg. 14 in force at 1.2.2021, see reg. 1

I1315

In schedule 4 (capital disregards)—

a

in paragraph 21(2) (benefit payments to be disregarded) omit “or” before head (q) (carer's allowance supplement) F15 and after that head insert—

or

r

any Scottish child payment assistance given in accordance with section 79 of that Act.

b

after paragraph 30F (Windrush compensation payments) F16, insert—

30G

Any payment of winter heating assistance made by virtue of Regulations under section 30 of the Social Security (Scotland) Act 2018 F17.

BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Council Tax Reduction (Scotland) Regulations 2012 (“the 2012 Regulations”) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (“the 2012 SPC Regulations”).

Regulations 3 and 8 amend the definition of “qualifying age for state pension credit” in the 2012 Regulations and the 2012 SPC Regulations, in consequence of the equalisation of pension age for men and women.

Regulations 4 and 9 provide for two situations where a person has been awarded universal credit, but reaches, or has reached, state pension age. Where a person reaches that age universal credit eligibility rules have been amended to allow an award of universal credit to continue until the end of a universal credit assessment period, even if payment of state pension credit commences. They have also been amended to allow a person who has reached state pension age, and forms a couple with a person below that age, to continue to receive state pension credit for a period after payment of universal credit commences. The amendments made by these Regulations provide that the person's entitlement, or a couple's entitlement, to a council tax reduction where both benefits are being paid is to be calculated under the 2012 SPC Regulations, not the 2012 Regulations. Regulation 10(c) provides for the payment of universal credit not to be regarded as income, and therefore disregarded in calculating entitlement to a council tax reduction for the purposes of the 2012 SPC Regulations, in consequence of these situations where such a payment can be made.

Regulations 4, 9 and 10(c) also provide for situations where a person reaches state pension age with an award of universal credit, but the award is not superseded, despite the person having ceased to be entitled to it. Again, the person's entitlement to a council tax reduction is to be calculated under the 2012 SPC Regulations, not the 2012 Regulations and the payment will be disregarded in the calculation of entitlement to a council tax reduction.

Regulations 5, 6, 10 and 15 provide that certain payments are to be disregarded in calculating a person's income and capital, for the purposes of the 2012 Regulations and the 2012 SPC Regulations. These relate to crisis payments made by local authorities under their power to advance well-being, where funded by the Scottish Ministers, Scottish child payments and payments of Scottish winter heating assistance.

Regulations 11 to 14 remove references in the 2012 SPC Regulations to persons reaching age 65 later than the qualifying age for state pension credit. Changes to pension age mean that it is no longer possible for that to happen. Regulation 13(a) revokes provision for three allowances within the council tax reduction scheme which nobody can now qualify to receive, as a result of those changes to pension age.