The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2012 (revoked)
1
Title, commencement and application
2
Default scheme
SCHEDULE
Council Tax Reduction Schemes (Default Scheme) (Wales)
PART 1
Introduction
1
Title
PART 2
Interpretation
2
Interpretation
3
Application of scheme: pensioners and persons who are not pensioners
4
Meaning of “couple”
5
Polygamous marriages
6
Meaning of “family”
7
Circumstances in which a person is to be treated as responsible or not responsible for another
8
Households
9
Non-dependants
10
Remunerative work
PART 3
Procedural matters
11
Procedure for reduction applications and appeals against reduction decisions
PART 4
Classes of person entitled to a reduction under this scheme
12
Classes of person entitled to a reduction under this scheme
13
Class A: pensioners whose income is less than the applicable amount
14
Class B: pensioners whose income is greater than the applicable amount
15
Class C: persons who are not pensioners whose income is less than the applicable amount
16
Class D: persons who are not pensioners whose income is greater than the applicable amount
17
Periods of absence from a dwelling
PART 5
Classes of person excluded from this scheme
18
Classes of person excluded from this scheme
19
Class of person excluded from this scheme: persons treated as not being in Great Britain
20
Class of person excluded from this scheme: persons subject to immigration control
21
Class of person excluded from this scheme: capital limit
22
Class of person excluded from this scheme: students
PART 6
Applicable amounts for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
23
Applicable amounts: pensioners
24
Applicable amounts: persons who are not pensioners
25
Polygamous marriages: persons who are not pensioners
26
Applicable amount: persons who are not pensioners who have an award of universal credit
PART 7
Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
27
Maximum council tax reduction under this scheme: pensioners and persons who are not pensioners
28
Non-dependant deductions: pensioners and persons who are not pensioners
PART 8
Amount of reduction under this scheme
29
Amount of reduction under this scheme: Classes A to D
PART 9
Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction
CHAPTER 1
Income and capital: general
30
Calculation of income and capital: applicant’s family and polygamous marriages
31
Circumstances in which capital and income of non-dependant is to be treated as applicant's
CHAPTER 2
Income and capital: pensioners in receipt of guarantee credit or savings credit
32
Pensioners in receipt of guarantee credit
33
Calculation of pensioner’s income in savings credit only cases
CHAPTER 3
Income and capital where there is an award of universal credit
34
Calculation of income and capital: persons who are not pensioners who have an award of universal credit
CHAPTER 4
Income: other pensioners
35
Calculation of income and capital where state pension credit is not payable: pensioners
36
Meaning of “income”: pensioners
37
Calculation of weekly income: pensioners
38
Earnings of employed earners: pensioners
39
Calculation of net earnings of employed earners: pensioners
40
Calculation of earnings of self-employed earners: pensioners
41
Earnings of self-employed earners: pensioners
42
Notional income: pensioners
43
Income paid to third parties: pensioners
CHAPTER 5
Income: persons who are not pensioners
44
Average weekly earnings of employed earners: persons who are not pensioners
45
Average weekly earnings of self-employed earners: persons who are not pensioners
46
Average weekly income other than earnings: persons who are not pensioners
47
Calculation of weekly income of employed earners: persons who are not pensioners
48
Earnings of employed earners: persons who are not pensioners
49
Calculation of net earnings of employed earners: persons who are not pensioners
50
Earnings of self-employed earners: persons who are not pensioners
51
Calculation of income other than earnings: persons who are not pensioners
52
Capital treated as income: persons who are not pensioners
53
Notional income: persons who are not pensioners
CHAPTER 6
Income: pensioners and persons who are not pensioners
54
Calculation of income on a weekly basis
55
Treatment of child care charges
56
Calculation of average weekly income from tax credits
57
Disregard of changes in tax, contributions etc
58
Calculation of net profit of self-employed earners
59
Calculation of deduction of tax and contributions of self-employed earners
CHAPTER 7
Capital
60
Calculation of capital
61
Income treated as capital: persons who are not pensioners
62
Calculation of capital in the United Kingdom
63
Calculation of capital outside the United Kingdom
64
Notional capital
65
Diminishing notional capital rule: pensioners
66
Diminishing notional capital rule: persons who are not pensioners
67
Capital jointly held
68
Calculation of tariff income from capital: pensioners
69
Calculation of tariff income from capital: persons who are not pensioners
PART 10
Students
CHAPTER 1
General
70
Interpretation
71
Treatment of students
72
Students who are excluded from entitlement to a council tax reduction under this scheme
CHAPTER 2
Income
73
Calculation of grant income
74
Calculation of covenant income where a contribution is assessed
75
Covenant income where no grant income or no contribution is assessed
76
Relationship with amounts to be disregarded under Schedule 7
77
Other amounts to be disregarded
78
Treatment of student loans
79
Treatment of fee loans
80
Treatment of payments from access funds
81
Disregard of contribution
82
Further disregard of student’s income
83
Income treated as capital
84
Disregard of changes occurring during summer vacation
PART 11
Extended reductions
85
Extended reductions: pensioners
86
Extended reductions (qualifying contributory benefits): pensioners
87
Duration of extended reduction period (qualifying contributory benefits): pensioners
88
Amount of extended reduction (qualifying contributory benefits): pensioners
89
Extended reductions (qualifying contributory benefits)-movers: pensioners
90
Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of class A or B
91
Continuing reductions where state pension credit claimed: pensioners
92
Extended reductions: persons who are not pensioners (general)
93
Extended reductions: persons who are not pensioners
94
Duration of extended reduction period: persons who are not pensioners
95
Amount of extended reduction: persons who are not pensioners
96
Extended reductions-movers: persons who are not pensioners
97
Relationship between extended reduction and entitlement to reduction by virtue of class C or D
98
Extended reductions (qualifying contributory benefits): persons who are not pensioners
99
Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners
100
Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners
101
Extended reductions (qualifying contributory benefits)-movers: persons who are not pensioners
102
Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of class C or D
103
Extended reductions: movers into the authority’s area
PART 12
Period of entitlement and change of circumstances
104
Date on which entitlement begins
105
Date on which change of circumstances is to take effect
106
Change of circumstances where state pension credit in payment
PART 13
Applications
107
Who may make an application
108
Date on which an application is made
109
Back-dating of applications: pensioners
110
Back-dating of applications: persons who are not pensioners
111
Evidence and information
112
Amendment and withdrawal of application
113
Duty to notify changes of circumstances
PART 14
Decisions by authority
114
Decision by authority
115
Notification of decision
PART 15
Award or payment of reduction
116
The award or payment of a reduction under this scheme
SCHEDULE 1
Procedural matters
PART 1
Procedure for an application for a reduction under this scheme
1
Procedure by which a person may apply for a reduction under this scheme
2
An application may be made— (a) in writing;
3
(1) An application which is made in writing must be...
4
Where an application made in writing is defective because—
5
(1) If an application made by electronic communication is defective...
6
In a particular case the authority may determine that an...
7
(1) If an application made by telephone is defective the...
PART 2
Procedure for making an appeal
8
Procedure by which a person may make an appeal against certain decisions of the authority
9
The authority must— (a) consider the matter to which the...
10
Where, following notification under paragraph 9(b)(i) or (ii), the person...
PART 3
Procedure for applying for a discretionary reduction
11
Procedure for an application to the authority for a reduction under section 13A(1)(c) of the 1992 Act
PART 4
Electronic communication
12
Interpretation
13
Conditions for the use of electronic communication
14
Use of intermediaries
15
Effect of delivering information by means of electronic communication
16
Proof of identity of sender or recipient of information
17
Proof of delivery of information
18
Proof of content of information
SCHEDULE 2
Applicable amounts: pensioners
PART 1
Personal allowances
1
Personal allowance
2
Child or young person amounts
PART 2
Family premium
3
Family premium
PART 3
Premiums
4
The premiums specified in Part 4 are, for the purposes...
5
(1) Subject to sub-paragraph (2), for the purposes of this...
6
Severe disability premium
7
Enhanced disability premium
8
Disabled child premium
9
Carer premium
10
Persons in receipt of concessionary payments
11
Person in receipt of benefit
PART 4
Amounts of premium specified in Part 3
SCHEDULE 3
Applicable amounts: persons who are not pensioners
PART 1
1
Personal allowances
2
For the purposes of paragraph 1 of this Schedule an...
3
(1) The amounts specified in column (2) below in respect...
PART 2
4
Family premium
PART 3
Premiums
5
Except as provided in paragraph 6 of this Schedule, the...
6
Subject to paragraph 7 of this Schedule, where an applicant...
7
The following premiums, namely— (a) a severe disability premium to...
8
(1) Subject to sub-paragraph (2), for the purposes of this...
9
Disability premium
10
Additional condition for the disability premium
11
Severe disability premium
12
Enhanced disability premium
13
Disabled child premium
14
Carer premium
15
Persons in receipt of concessionary payments
16
Persons in receipt of benefit for another
PART 4
Amounts of Premiums Specified in Part 3
PART 5
The components
18
Subject to paragraph 20 of this Schedule the applicant is...
19
Subject to paragraph 20, the applicant is entitled to one,...
20
(1) The applicant has no entitlement under paragraph 21 or...
21
The work-related activity component
22
The support component
PART 6
Amount of Components
23
The amount of the work-related activity component is £28.45.
24
The amount of the support component is £34.80.
PART 7
Transitional Addition
25
(1) The applicant is entitled to the transitional addition calculated...
26
(1) This paragraph applies where— (a) the applicant’s entitlement to...
27
(1) This paragraph applies where— (a) the applicant’s entitlement to...
PART 8
Amount of Transitional Addition
28
(1) Subject to paragraph 29 of this Schedule, the amount...
29
(1) Subject to sub-paragraph (2), where there is a change...
SCHEDULE 4
Sums disregarded from applicant’s earnings: pensioners
1
Where two or more of paragraphs 2 to 5 of...
2
In a case where an applicant is a lone parent,...
3
(1) In a case of earnings from any employment or...
4
(1) If the applicant or, if the applicant has a...
5
(1) £20 is disregarded if the applicant or, if the...
6
(1) Where— (a) the applicant (or if the applicant is...
7
Any amount or the balance of any amount which would...
8
Except where the applicant or the applicant’s partner qualifies for...
9
Any earnings, other than earnings referred to in paragraph 37(9)(b)...
10
(1) In a case where the applicant is a person...
SCHEDULE 5
Amounts to be disregarded in the calculation of income other than earnings: pensioners
1
In addition to any sum which falls to be disregarded...
2
The whole of any amount included in a pension to...
3
Any mobility supplement under article 20 of the Naval, Military...
4
Any supplementary pension under article 23(2) of the Naval, Military...
5
In the case of a pension awarded at the supplementary...
6
(1) Any payment which is— (a) made under any of...
7
£15 of any widowed parent’s allowance to which the applicant...
8
£15 of any widowed mother’s allowance to which the applicant...
9
Where the applicant occupies a dwelling as the applicant’s home...
10
If the applicant— (a) owns the freehold or leasehold interest...
11
Where an applicant receives income under an annuity purchased with...
12
(1) Any payment, other than a payment to which sub-paragraph...
13
Any increase in pension or allowance under Part 2 or...
14
Any payment ordered by a court to be made to...
15
Periodic payments made to the applicant or the applicant’s partner...
16
Any income which is payable outside the United Kingdom for...
17
Any banking charges or commission payable in converting to Sterling...
18
Where the applicant makes a parental contribution in respect of...
19
(1) Where the applicant is the parent of a student...
20
(1) Where an applicant’s applicable amount includes an amount by...
21
Except in a case which falls under paragraph 10 of...
22
Where the total value of any capital specified in Part...
23
Except in the case of income from capital specified in...
24
Where the applicant, or the person who was the partner...
SCHEDULE 6
Sums disregarded in the calculation of earnings: persons who are not pensioners
1
In the case of an applicant who has been engaged...
2
In the case of an applicant who, before the first...
3
In the case of an applicant who has been engaged...
4
(1) In a case to which this paragraph applies and...
5
In a case where the applicant is a lone parent,...
6
(1) In a case to which neither paragraph 4 nor...
7
Where the carer premium is awarded in respect of an...
8
In a case where paragraphs 4, 6, 7 and 9...
9
(1) In a case where paragraphs 4, 6, 7 and...
10
Where the applicant is engaged in one or more employments...
11
In a case to which none of the paragraphs 4...
12
(1) Where— (a) the applicant (or if the applicant is...
13
Any amount or the balance of any amount which would...
14
Where an applicant is on income support, an income-based jobseeker’s...
15
Any earnings derived from employment which are payable in a...
16
Where a payment of earnings is made in a currency...
17
Any earnings of a child or young person.
18
(1) In a case where the applicant is a person...
SCHEDULE 7
Sums disregarded in the calculation of income other than earnings: persons who are not pensioners
1
Any payment made to the applicant in respect of any...
2
Any payment made to the applicant in respect of any...
3
Any payment made to the applicant in respect of any...
4
Any amount paid by way of tax on income which...
5
Any payment in respect of any expenses incurred or to...
6
Any payment in respect of expenses arising out of the...
7
In the case of employment as an employed earner, any...
8
Where an applicant is on income support, an income-based jobseeker’s...
9
Where the applicant is a member of a joint-claim couple...
10
Where the applicant, or the person who was the partner...
11
Any disability living allowance, personal independence payment or AFIP.
12
Any concessionary payment made to compensate for the non-payment of—...
13
Any mobility supplement under article 20 of the Naval, Military...
14
Any attendance allowance.
15
Any payment to the applicant as holder of the Victoria...
16
(1) Any payment— (a) by way of an education maintenance...
17
Any payment made to the applicant by way of a...
18
(1) Any payment made pursuant to section 2 of the...
19
(1) Subject to sub-paragraph (2), any of the following payments—...
20
Subject to paragraph 40 of this Schedule, £10 of any...
21
Subject to paragraph 40 of this Schedule, £15 of any—...
22
(1) Any income derived from capital to which the applicant...
23
Where the applicant makes a parental contribution in respect of...
24
(1) Where the applicant is the parent of a student...
25
Any payment made to the applicant by a child or...
26
Where the applicant occupies a dwelling as the applicant’s home...
27
Where the applicant occupies a dwelling as the applicant’s home...
28
(1) Any income in kind, except where paragraph 51(10)(b) of...
29
Any income which is payable in a country outside the...
30
(1) Any payment made to the applicant in respect of...
31
Any payment made to the applicant with whom a person...
32
Any payment made to the applicant or the applicant’s partner...
33
Any payment made by a local authority in accordance with...
34
(1) Subject to sub-paragraph (2), any payment (or part of...
35
(1) Subject to sub-paragraph (2), any payment received under an...
36
Any payment of income which by virtue of paragraph 61...
37
Any— (a) social fund payment made pursuant to Part 8...
38
Any payment under Part 10 of the SSCBA (Christmas bonus...
39
Where a payment of income is made in a currency...
40
The total of an applicant’s income or, if the applicant...
41
(1) Any payment made under or by any of the...
42
Any housing benefit.
43
Any payment made by the Secretary of State to compensate...
44
Any payment to a juror or witness in respect of...
45
Any payment in consequence of a reduction of council tax...
46
Any payment or repayment made— (a) as respects England, under...
47
Any payment made to such persons entitled to receive benefits...
48
Any payment made by either the Secretary of State for...
49
(1) Where an applicant’s applicable amount includes an amount by...
50
(1) Any payment of child maintenance made or derived from...
51
Any payment (other than a training allowance) made, whether by...
52
Any guardian’s allowance.
53
(1) If the applicant is in receipt of any benefit...
54
Any supplementary pension under article 23(2) of the Naval, Military...
55
In the case of a pension awarded at the supplementary...
56
Any payment which is— (a) made under any of the...
57
Any reduction under this scheme to which the applicant is...
58
Except in a case which falls under sub-paragraph (1) of...
59
Any payment made under section 12B of the Social Work...
60
(1) Subject to sub-paragraph (2), in respect of a person...
61
(1) Any payment of a sports award except to the...
62
Where the amount of subsistence allowance paid to a person...
63
In the case of an applicant participating in an employment...
64
Any discretionary housing payment paid pursuant to regulation 2(1) of...
65
Any payment made by a local authority or by the...
66
Any payment of child benefit.
SCHEDULE 8
Capital disregards: pensioners
PART 1
Capital to be disregarded
1
Any premises acquired for occupation by the applicant which the...
2
Any premises which the applicant intends to occupy as the...
3
Any premises which the applicant intends to occupy as the...
4
Any premises occupied in whole or in part—
5
Any future interest in property of any kind, other than...
6
Where an applicant has ceased to occupy what was formerly...
7
Any premises where the applicant is taking reasonable steps to...
8
All personal possessions.
9
The assets of any business owned in whole or in...
10
The assets of any business owned in whole or in...
11
The surrender value of any policy of life insurance.
12
The value of any funeral plan contract; and for this...
13
Where an ex-gratia payment has been made by the Secretary...
14
(1) Subject to sub-paragraph (2), the amount of any trust...
15
The amount of any payment, other than a war pension,...
16
(1) Any payment made under or by—
17
(1) An amount equal to the amount of any payment...
18
Any amount specified in paragraph 19, 20, 21 or 25...
19
Amounts paid under a policy of insurance in connection with...
20
So much of any amounts paid to the applicant or...
21
(1) Subject to paragraph 22 of this Schedule any amount...
22
(1) Subject to sub-paragraph (3), any payment of £5,000 or...
23
Where a capital asset is held in a currency other...
24
The value of the right to receive income from an...
25
Any arrears of supplementary pension which is disregarded under paragraph...
26
The dwelling occupied as the home; but only one dwelling...
27
Where a person elects to be entitled to a lump...
28
Any payments made by virtue of regulations made under—
PART 2
Capital disregarded only for the purposes of determining deemed income
29
The value of the right to receive any income under...
30
The value of the right to receive any rent except...
31
The value of the right to receive any income under...
32
Where property is held under a trust, other than—
SCHEDULE 9
Capital disregards: persons who are not pensioners
1
Any payment made to the applicant in respect of any...
2
Any payment made to the applicant in respect of any...
3
Any payment made to the applicant in respect of any...
4
The dwelling together with any garage, garden and outbuildings, normally...
5
Any premises acquired for occupation by the applicant which the...
6
Any sum directly attributable to the proceeds of sale of...
7
Any premises occupied in whole or in part—
8
Where an applicant is on income support, an income-based jobseeker’s...
9
Where the applicant is a member of a joint-claim couple...
10
Any future interest in property of any kind, other than...
11
(1) The assets of any business owned in whole or...
12
Subject to sub-paragraph (2), any arrears of, or any concessionary...
13
Any sum— (a) paid to the applicant in consequence of...
14
Any sum— (a) deposited with a housing association as defined...
15
Any personal possessions except those which have been acquired by...
16
The value of the right to receive any income under...
17
Where the funds of a trust are derived from a...
18
(1) Any payment made to the applicant or the applicant’s...
19
The value of the right to receive any income under...
20
The value of the right to receive any income which...
21
The surrender value of any policy of life insurance.
22
Where any payment of capital falls to be made by...
23
Any payment made by a local authority in accordance with...
24
(1) Subject to sub-paragraph (2), any payment (or part of...
25
Any— (a) social fund payment made pursuant to Part 8...
26
Any refund of tax which falls to be deducted under...
27
Any capital which by virtue of paragraphs 52 or 78...
28
Where any payment of capital is made in a currency...
29
(1) Any payment made under or by the Trusts, the...
30
(1) Where an applicant has ceased to occupy what was...
31
Any premises where the applicant is taking reasonable steps to...
32
Any premises which the applicant intends to occupy as the...
33
Any premises which the applicant intends to occupy as the...
34
Any payment made by the Secretary of State to compensate...
35
The value of the right to receive an occupational or...
36
The value of any funds held under a personal pension...
37
The value of the right to receive any rent except...
38
Any payment in kind made by a charity or under...
39
Any payment made pursuant to section 2 of the Employment...
40
Any payment in consequence of a reduction of council tax...
41
Any grant made in accordance with a scheme made under...
42
Any arrears of supplementary pension which is disregarded under paragraph...
43
(1) Any payment or repayment made— (a) as respects England,...
44
Any payment made to such persons entitled to receive benefits...
45
Any payment made either by the Secretary of State for...
46
Any payment (other than a training allowance) made, whether by...
47
Any payment made by a local authority under section 3...
48
(1) Any sum of capital to which sub-paragraph (2) applies...
49
Any sum of capital administered on behalf of a person...
50
Any payment to the applicant as holder of the Victoria...
51
In the case of a person who is receiving, or...
52
(1) Any payment of a sports award for a period...
53
(1) Any payment— (a) by way of an education maintenance...
54
In the case of an applicant participating in an employment...
55
Any arrears of subsistence allowance paid as a lump sum...
56
Where an ex-gratia payment of £10,000 has been made by...
57
(1) Subject to sub-paragraph (2), the amount of any trust...
58
The amount of any payment, other than a war pension,...
59
Any payment made by a local authority, or by the...
60
Any payment made under regulations made under section 57 of...
61
Any payment made to the applicant pursuant to regulations under...
62
Any payment made to the applicant in accordance with regulations...
SCHEDULE 10
Matters to be included in a notification
PART 1
General
1
The statement of matters to be included in any notification...
2
Every notification must include a statement as to the right...
3
Every notification notice must include a statement as to the...
PART 2
Awards of reductions where state pension credit or extended payment (qualifying contributory benefits) is payable: pensioners
4
(1) Where a pensioner who is in receipt of state...
PART 3
Awards of reductions where state pension credit not in payment: pensioners
5
Where a pensioner who is not in receipt of state...
PART 4
Notice where no award of a reduction is made: pensioners
6
Where a pensioner is not awarded a reduction under this...
PART 5
Awards of reductions where income support, income-based jobseeker’s allowance, income-related employment and support allowance, an extended payment or an extended payment (qualifying contributory benefits) is payable: persons who are not pensioners
7
(1) Where a person who is not a pensioner and...
PART 6
Awards of reduction where universal credit is payable: persons who are not pensioners
8
Where a person who is not a pensioner and who...
PART 7
Awards of reduction where no income support, income-based jobseeker’s allowance, income-related employment and support allowance or universal credit is payable: persons who are not pensioners
9
Where a person who is not a pensioner and who...
PART 8
Notice where no award of a reduction is made: persons who are not pensioners
10
Where a person who is not a pensioner is not...
PART 9
Notice where income of non-dependant is treated as applicant’s income: pensioners and persons who are not pensioners
11
Where the authority makes a decision under paragraph 31 of...
2012 No. 3145 (W.317)

COUNCIL TAX, WALES

The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2012 (revoked)
Made
19 December 2012
Coming into force in accordance with regulation 1(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations revoked (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013 (S.I. 2013/3035), reg. 1(2)(4)