Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20122

1

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20123 are amended as follows.

2

In regulation 2(8) (interpretation)—

a

at the end of sub-paragraph (a) (and before “or”) insert—

aa

a person who is being consulted by or on behalf of—

i

the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 19734; or

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;

b

in sub-paragraph (b) for “sub-paragraph (a)” substitute “sub-paragraph (a) or (aa)”.

3

In Schedule 1 (pensioners: matters that must be included in an authority’s scheme)—

a

in paragraph 8 (non-dependant deductions)—

i

in sub-paragraph (1)(a) for “£11.36” substitute “£11.45”;

ii

in sub-paragraph (1)(b) for “£3.74” substitute “£3.77”;

iii

in sub-paragraph (2)(a) for “£189.00” substitute “£195.00”;

iv

in sub-paragraph (2)(b) for “£189.00”, “£328.00” and “£7.52” substitute “£195.00”, “£338.00” and “£7.58” respectively;

v

in sub-paragraph (2)(c) for “£328.00”, “£408.00” and “£9.49” substitute “£338.00”, “£420.00” and “£9.56” respectively;

b

in paragraph 17 (calculation of weekly income)—

i

in sub-paragraph (1) for “sub-paragraph (2) or (4)” insert “sub-paragraph (2), (3A), (4A) or (5)”;

ii

after sub-paragraph (3) insert—

3A

Income calculated pursuant to sub-paragraphs (2) and (3) must be taken into account—

a

in the case of an application, on the date on which the application was made or treated as made, and the first day of each reduction week thereafter;

b

in the case of an application or a reduction under a scheme where the applicant commences employment, the first day of the reduction week following the date the applicant commences that employment, and the first day of each reduction week thereafter; or

c

in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the first day of the reduction week following the date the applicant’s earnings from employment change so as to require recalculation under this paragraph, and the first day of each reduction week thereafter,

regardless of whether those earnings were actually received in that reduction week.

iii

after sub-paragraph (4) insert—

4A

An applicant’s earnings from employment as an employed earner not calculated pursuant to sub-paragraphs (2) and (3) must be taken into account—

a

in the case of an application, on the date on which the application was made or treated as made, and the first day of each reduction week thereafter;

b

in the case of an application or a reduction under a scheme where the applicant commences employment, the first day of the reduction week following the date the applicant commences that employment, and the first day of each reduction week thereafter; or

c

in the case of an application or a reduction under a scheme where the applicant’s average weekly earnings from employment change, the first day of the reduction week following the date of the change, and the beginning of each reduction week thereafter,

regardless of whether those earnings were actually received in that reduction week.

c

in paragraph 28(c) (disregard of changes in tax, contributions etc) for “small earnings exception” substitute “small profits threshold”;

d

in paragraph 30(3)(a) (calculation of deduction of tax and contributions of self-employed earners)—

i

for “11(1)” substitute “11(2)”;

ii

for “11(3)” substitute “11(8)”;

iii

for “small earnings exception” substitute “small profits threshold”.

4

In Schedule 2 (applicable amounts)—

a

in column (2) of the Table in paragraph 1—

i

in sub-paragraph (1)(a) for “£151.20” substitute “£155.60”;

ii

in sub-paragraph (1)(b) for “£166.05” substitute “£168.70”;

iii

in sub-paragraph (2)(a) for “£230.85” substitute “£237.55”;

iv

in sub-paragraph (2)(b) for “£248.28” substitute “£252.30”;

v

in sub-paragraph (3)(a) for “£230.85” substitute “£237.55”;

vi

in sub-paragraph (3)(b) for “£79.65” substitute “£81.95”;

vii

in sub-paragraph (4)(a) for “£248.28” substitute “£252.30”;

viii

in sub-paragraph (4)(b) for “£82.26” substitute “£83.60”;

b

for paragraph 3 (family premium) substitute—

3

The amount for the purposes of paragraph 6(1)(c) of Schedule 1 in respect of a family of which at least one member is a child or young person—

a

is £17.45 in respect of a reduction week which begins in the period beginning with 1st April 2016 and ending with 30th April 2016;

b

is nil in respect of a reduction week which begins after 1st May 2016.

c

in paragraph 6 (severe disability premium)—

i

in sub-paragraph (2)(a)(iii), after “carer’s allowance” insert “under section 70 of the SSCBA or has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 20135”;

ii

in the closing words of sub-paragraph (2)(b)—

aa

after “carer’s allowance” insert “or has an award of universal credit that includes the carer element”; and

bb

after “such an allowance” insert “or has such an award of universal credit”;

iii

in sub-paragraph (7)(d)—

aa

after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and

bb

after “be so entitled and in receipt” insert “or have such an award of universal credit”;

iv

in sub-paragraph (8)(b)—

aa

after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and

bb

after “that allowance” insert “or had such an award of universal credit”;

d

in paragraph 12 (amounts of premiums specified in Part 3)—

i

in sub-paragraph (1)(b)(i), after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013,”; and

ii

in sub-paragraph (1)(b)(ii), after “such an allowance” insert “or such an award of universal credit”.

5

In column (1) of the Table in paragraph 1 of Schedule 3 (amount of alternative maximum council tax reduction)—

a

in paragraph (b)(i) for “£187.00” substitute “£193.00”;

b

in paragraph (b)(ii) for “£187.00” and “£243.00” substitute “£193.00” and “£250.00” respectively.

6

In paragraph 10 of Schedule 4 (sums disregarded from applicant’s earnings) for sub-paragraph (2)(b)(ii)(bb) substitute—

bb

his family includes at least one child or young person;

7

In paragraph 20(1) of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “Where an applicant’s applicable amount includes an amount by way of a family premium,” substitute “Where an applicant’s family includes at least one child or young person,”.

8

After paragraph 29A of Schedule 6 (capital disregards) insert—

29B

Any payments to an applicant made under section 49 of the Children and Families Act 20146 (personal budgets and direct payments).