Amendment of the Council Tax Reduction (Scotland) Regulations 201213.

(1)

The Council Tax Reduction (Scotland) Regulations 201232 are amended in accordance with paragraphs (2) to (7).

(2)

In regulation 2(1) (interpretation)33, after the definition of “child benefit” insert—

““child disability payment” means—

(a)

disability assistance for children and young people given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 202134 (and references to the care component of that payment are to be construed in accordance with regulation 2 of those Regulations), and

(b)

where short-term assistance is being given under Part 1 of the schedule of those Regulations (short-term assistance), the “earlier determination” referred to in paragraph 1(1)(a) of that schedule is to be deemed to continue in payment for the purposes of these Regulations,”.

(3)

In regulation 28 (treatment of child care charges)35—

(a)

after paragraph (11)(f)(iv), insert—

“(ivza)

child disability payment,”,

(b)

in paragraph (14)(a), after “allowance” insert “, child disability payment”.

(4)

In regulation 67 (non-dependant deductions)36—

(a)

in paragraph (6)(b), after head (ii) insert—

“(iiza)

the care component of child disability payment,”,

(b)

in paragraph (9)(a), after “disability living allowance” insert “, child disability payment”.

(5)

In Part 3 (disability premiums) of schedule 1 (applicable amount)37—

(a)

in paragraph 8(2), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(b)

in paragraph 10(1)(a)(i), after “disability living allowance” insert “, child disability payment,”,

(c)

in paragraph 11(2)(a)(i), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(d)

in paragraph 11(2)(b)(i), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(e)

in paragraph 11(2)(b)(ii), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(f)

in paragraph 11(4)(a), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(g)

in paragraph 11(5)(a), after “the 1992 Act” insert “, the care component of child disability payment at the highest or middle rate”,

(h)

in paragraph 12(1)—

(i)

omit “or” at the end of head (b), and

(ii)

after head (b) insert—

“(bza)

the care component of child disability payment at the highest rate is payable, or would be payable were it not for regulation 17(2) (effect of admission to a care home on ongoing entitlement to care component) or regulation 20 (entitlement beginning while in alternative accommodation), where the child or young person is resident in a care home, of the Disability Assistance for Children and Young People (Scotland) Regulations 202138, in respect of a child or young person who is a member of the applicant’s family, or”,

(i)

in paragraph 13(a)—

(i)

after “disability living allowance” insert “, child disability payment”,

(ii)

after “such allowance” insert “or payment”.

(6)

In schedule 2 (amount of alternative maximum council tax reduction), in paragraph 2(a)39 after “disability living allowance” insert “, child disability payment”.

(7)

In schedule 4 (sums to be disregarded in the calculation of income other than earnings), in paragraph 1040 after “disability living allowance” insert “, child disability payment”.