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The Council Tax Reduction (Scotland) Regulations 2021
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The Council Tax Reduction (Scotland) Regulations 2021, PART 6 is up to date with all changes known to be in force on or before 21 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 12(1)(a)(iiib) inserted by S.S.I. 2024/141 reg. 11(5)(b)(ii)
- reg. 77(12)(f)(xii) and word inserted by S.S.I. 2024/141 reg. 11(3)(b)
- reg. 90(6)(b)(vii) and word inserted by S.S.I. 2024/141 reg. 11(4)(a)(ii)
PART 6SWork-related activity and support components
Work-related activity and support componentsS
18.—(1) Subject to paragraph 20 the applicant is entitled to one, but not both, of the components in paragraph 21 or 22 if—
(a)the applicant or the applicant’s partner has made a claim for employment and support allowance, [F1or]
[F2(aa)the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit,]
(b)the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work or limited capability for work-related activity, and
(c)[F3where the applicant or the applicant’s partner has made a claim for employment and support allowance,] either—
(i)the assessment phase as defined in section 24(2) of the 2007 Act has ended, or
(ii)regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work related activity component arises does not apply)(1) [F4or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the requirement that the assessment phase has ended before entitlement to the support component arises does not apply)] applies.
(2) In this Part—
(a)“limited capability for work”—
(i)[F5in the case of an applicant who has an award of universal credit, in the case where the partner of an applicant has an award of universal credit, or in the case where the couple jointly has an award of universal credit] has the meaning given to it in regulation 39 of the 2013 Regulations,
(ii)in all other cases, has the meaning given to it in section 1(4) of the 2007 Act,
(b)“limited capability for work-related activity”—
(i)[F6in the case of an applicant who has an award of universal credit, in the case where the partner of an applicant has an award of universal credit, or in the case where the couple jointly has an award of universal credit] has the meaning given to “limited capability for work and work-related activity” in regulation 40 of the 2013 Regulations,
(ii)in all other cases, has the meaning given to it in section 2(5) of the 2007 Act.
Textual Amendments
F1Word in sch. 1 para. 18(1)(a) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(i)
F2Sch. 1 para. 18(1)(aa) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(ii)
F3Words in sch. 1 para. 18(1)(c) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iii)(aa)
F4Words in sch. 1 para. 18(1)(c)(ii) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iii)(bb)
F5Words in sch. 1 para. 18(2)(a)(i) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iv)
F6Words in sch. 1 para. 18(2)(b)(i) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(e)(iv)
Commencement Information
I1Sch. 1 para. 18 in force at 1.4.2022, see reg. 1
19.—(1) Subject to paragraph 20, the applicant is entitled to one, but not both, of the components in paragraphs 21 and 22 if the applicant or the applicant’s partner is entitled to a converted employment and support allowance or would be entitled but for the application of section 1A of the 2007 Act (duration of contributory allowance)(2).
(2) In this paragraph, a “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations.
Commencement Information
I2Sch. 1 para. 19 in force at 1.4.2022, see reg. 1
20.—(1) The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 11 and 12.
(2) [F7Subject to sub-paragraph (3), where] the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.
[F8(3) Where the applicant or the applicant’s partner (or the couple jointly) has an award of universal credit, and the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component which is to be included in the applicant’s applicable amount is that which is of the highest amount.]
Textual Amendments
F7Words in sch. 1 para. 20(2) substituted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(f)(i)
F8Sch. 1 para. 20(3) inserted (3.11.2022) by The Council Tax Reduction and Council Tax (Discounts) (Miscellaneous Amendment) (No. 2) (Scotland) Regulations 2022 (S.S.I. 2022/271), regs. 1(2), 3(2)(f)(ii)
Commencement Information
I3Sch. 1 para. 20 in force at 1.4.2022, see reg. 1
Work-related activity componentS
21. The applicant is entitled to the work-related activity component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work.
Commencement Information
I4Sch. 1 para. 21 in force at 1.4.2022, see reg. 1
Support componentS
22. The applicant is entitled to the support component if the Secretary of State has decided that the applicant or the applicant’s partner has, or is to be treated as having, limited capability for work-related activity.
Commencement Information
I5Sch. 1 para. 22 in force at 1.4.2022, see reg. 1
Amount of work-related activity componentS
23. The amount of the work-related activity component is [F9£35.95].
Textual Amendments
F9Sum in sch. 1 para. 23 substituted (1.4.2024) by The Council Tax Reduction (Scotland) Amendment Regulations 2024 (S.S.I. 2024/35), regs. 1, 17(j)
Commencement Information
I6Sch. 1 para. 23 in force at 1.4.2022, see reg. 1
Amount of support componentS
24. The amount of the support component is [F10£47.70].
Textual Amendments
F10Sum in sch. 1 para. 24 substituted (1.4.2024) by The Council Tax Reduction (Scotland) Amendment Regulations 2024 (S.S.I. 2024/35), regs. 1, 17(k)
Commencement Information
I7Sch. 1 para. 24 in force at 1.4.2022, see reg. 1
(1)
Regulation 7 was amended by S.I. 2008/3051, S.I. 2010/840, S.I. 2012/874, S.I. 2012/913, S.I. 2012/919, S.I. 2017/204 and S.I. 2017/581.
(2)
Section 1A was inserted by section 51 of the 2012 Act and amended by paragraph 26 of schedule 3 and paragraph 1 of schedule 14 of that Act.
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