Regulations laid before the National Assembly for Wales under section 13A(8) of the Local Government Finance Act 1992, for approval by resolution of the National Assembly for Wales.
2020 No. 16 (W. 2)
The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020
Made
Coming into force in accordance with regulation 1(2)
The Welsh Ministers make the following Regulations in exercise of the powers conferred upon them by section 13A(4) and (5) of, and paragraphs 2 to 7 of Schedule 1B to, the Local Government Finance Act 19921.
In accordance with section 13A(8) of that Act, a draft of this instrument has been laid before and approved by resolution of the National Assembly for Wales.
Title, commencement and interpretation1
1
The title of these Regulations is the Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2020.
2
These Regulations come into force the day after the day on which they are made.
3
These Regulations apply in relation to a council tax reduction scheme made for a financial year beginning on or after 1 April 2020.
4
In these Regulations “council tax reduction scheme” (“cynllun gostyngiadau’r dreth gynor”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 20132, or the scheme that applies in default by virtue of paragraph 6(1)(e) of Schedule 1B to the Local Government Finance Act 1992.
Amendments to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013
2
The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 are amended in accordance with regulations 3 to 10.
3
In regulation 2(1) (interpretation) in the appropriate place insert—
“parental bereavement leave” (“absenoldeb profedigaeth rhiant”) means leave under section 80EA of the Employment Rights Act 19963;
4
In regulation 4 (meaning of “couple”), in paragraph (b), after “married couple” insert “or civil partners”.
5
In regulation 10 (remunerative work), in paragraph 7, after “shared parental leave” insert “, parental bereavement leave”.
6
In regulation 28 (persons treated as not being in Great Britain)—
a
in paragraph 4—
i
at the end of sub-paragraph (c) omit “or”;
ii
in sub-paragraph (d)—
aa
for “15A(1)” substitute “16”;
bb
for “(4A)” substitute “(5)”; and
cc
at the end omit “.” and insert “; or”;
iii
after sub-paragraph (d) insert—
e
a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
i
Appendix EU to the immigration rules made under section 3(2) of that Act;
ii
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act; or
iii
article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 20194 made under section 3A of that Act.
b
in paragraph 8, in the definition of “EEA Regulations” for “2006” substitute “2016”.
7
In Schedule 1 (determining eligibility for a reduction: pensioners)—
a
in paragraph 3 (non-dependent deductions: pensioners)—
i
in sub-paragraph (1)(a) for “£13.75” substitute “£14.65”;
ii
in sub-paragraph (1)(b) for “£4.55” substitute “£4.85”;
iii
in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;
iv
in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;
v
in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively;
b
in paragraph 10(1)(j) (meaning of “income”: pensioners), after paragraph (xvia), insert—
xvib
statutory parental bereavement pay under Part 12ZD of the SSCBA5;
c
in paragraph 12 (earnings of employed earners: pensioners), after sub-paragraph 1(ja) insert—
jb
statutory parental bereavement pay under Part 12ZD of that Act;
d
in paragraph 13 (calculation of net earnings of employed earners: pensioners), in sub-paragraph 2(d), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;
e
in paragraph 19 (treatment of child care charges: pensioners)—
i
in sub-paragraph (15)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraph (a) , after shared parental leave” insert “, parental bereavement leave”;
cc
in paragraph (c), after “statutory shared parental pay by virtue of section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act6”;
ii
in sub-paragraph (16)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraphs (b) and (c), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.
8
In Schedule 2 (applicable amounts: pensioners)—
a
in column (2) of the Table in paragraph 1 (personal allowance)—
i
in sub-paragraph (1) for “£167.25” and “£181.00” substitute “£173.80” and “£187.80” respectively;
ii
in sub-paragraph (2) for “£255.25” and “£270.60” substitute “£265.20” and “£280.85” respectively;
iii
in sub-paragraph (3) for “£255.25” and “£88.00” substitute “£265.20” and “£91.40” respectively;
iv
in sub-paragraph (4) for “£270.60” and “£89.60” substitute “£280.85” and “£93.05” respectively;
b
in the Table in Part 4 (amounts of premium specified in Part 3), in the second column—
i
in sub-paragraph (1) for “£65.85” in each place where it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;
ii
in sub-paragraph (2) for “£26.04” substitute “£26.60”;
iii
in sub-paragraph (3) for “£64.19” substitute “£65.52”;
iv
in sub-paragraph (4) for “£36.85” substitute “£37.50”.
9
In Schedule 6 (determining eligibility for a reduction under an authority’s scheme, amount of reduction and calculation of income and capital: persons who are not pensioners)—
a
in paragraph 5 (non-dependant deductions: persons who are not pensioners)—
i
in sub-paragraph (1)(a) for “£13.75” substitute “£14.65”;
ii
in sub-paragraph (1)(b) for “£4.55” substitute “£4.85”;
iii
in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;
iv
in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;
v
in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively;
b
in paragraph 14 (earnings of employed earners: persons who are not pensioners)—
i
in sub-paragraph (1)(j), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;
ii
in sub-paragraph (1)(k), after “shared parental leave” insert “, parental bereavement leave”;
c
in paragraph 15 (calculation of net earnings of employed earners: persons who are not pensioners), in sub-paragraph (3)(d), after “statutory shared parental pay” insert “, statutory parental bereavement pay”;
d
in paragraph 21 (treatment of child care charges)—
i
in sub-paragraph (15)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
cc
in paragraph (c), after “ statutory shared parental pay under section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act”;
ii
in sub-paragraph (16)—
aa
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
bb
in paragraphs (b) and (c), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.
10
In Schedule 7 (applicable amounts: persons who are not pensioners)—
a
in column (2) of the Table in paragraph 1 (personal allowances)—
i
in sub-paragraph (1) for “£77.90” in each place in which it occurs substitute “£79.20” and for “£61.70” substitute “£62.75”;
ii
in sub-paragraph (2) for “£77.90” substitute “£79.20”;
iii
in sub-paragraph (3) for “£122.35” substitute “£124.45”;
b
in the Table in Part 4 (amounts of premiums specified in Part 3), in the second column—
i
in sub-paragraph (1) for “£34.35” and “£48.95” substitute “£34.95” and “£49.80” respectively;
ii
in sub-paragraph (2) for “£65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;
iii
in sub-paragraph (3) for “£64.19” substitute “£65.52”;
iv
in sub-paragraph (4) for “£36.85” substitute “£37.50”;
v
in sub-paragraph (5) for “£26.04”, “£16.80” and “£24.10” substitute “£26.60”, “£17.10” and “£24.50” respectively;
c
in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£38.55” substitute “£39.20”.
Amendments to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013
11
The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 20137 is amended in accordance with regulations 12 to 24.
12
In paragraph 2(1) (interpretation), in the appropriate place insert—
“parental bereavement leave” (“absenoldeb profedigaeth rhiant”) means leave under section 80EA of the Employment Rights Act 1996;
13
In paragraph 4(b) (meaning of “couple”), after “married couple” insert “or civil partners”.
14
In paragraph 10 (remunerative work), in sub-paragraph 7, after “shared parental leave” insert “, parental bereavement leave”.
15
In paragraph 19 (class of person excluded from this scheme: persons treated as not being in Great Britain)—
a
in sub-paragraph (4)—
i
at the end of paragraph (c) omit “or”;
ii
in paragraph (d)—
aa
for “15A(1)” substitute “16”;
bb
for “(4A)” substitute “(5)”;
cc
at the end omit “.” and insert “; or”;
b
after sub-paragraph (4) insert—
e
a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
i
Appendix EU to the immigration rules made under section 3(2) of that Act;
ii
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act; or
iii
article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 20198 made under section 3A of that Act.
c
in sub-paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “2016”.
16
In paragraph 28 (non-dependant deductions: pensioners and persons who are not pensioners)—
a
in sub-paragraph (1)(a) for “£13.75” substitute “£14.65”;
b
in sub-paragraph (1)(b) for “£4.55” substitute “4.85”;
c
in sub-paragraph (2)(a) for “£210.00” substitute “£217.00”;
d
in sub-paragraph (2)(b) for “£210.00”, “£365.00” and “£9.15” substitute “£217.00”, “£377.00” and “£9.75” respectively;
e
in sub-paragraph (2)(c) for “£365.00”, “£450.00” and “£11.50” substitute “£377.00”, “£469.00” and “£12.25” respectively.
17
In paragraph 36(1)(j) (meaning of “income”: pensioners), after paragraph (xvia), insert—
xvib
statutory parental bereavement pay under Part 12ZD of SSCBA;
18
In paragraph 38(1) (earnings of employed earners: pensioners), after paragraph (ja) insert—
jb
statutory parental bereavement pay under Part 12ZD of SSCBA;
19
In paragraph 39(2)(d) (calculation of net earnings of employed earners: pensioners), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.
20
In paragraph 48(1) (earnings of employed earners: persons who are not pensioners)—
a
in paragraph (j) after “statutory shared parental pay” insert “, statutory parental bereavement pay”;
b
in paragraph (k) after “shared parental leave” insert “, parental bereavement leave”.
21
In paragraph 49(3)(d) (calculation of net earnings of employed earners: persons who are not pensioners), after “statutory shared parental pay” insert “, statutory parental bereavement pay”.
22
In paragraph 55 (treatment of child care charges)—
a
in sub-paragraph (15)—
i
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
ii
in paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
iii
in paragraph (c), after “statutory shared parental pay under section 171ZU or 171ZV of that Act” insert “, statutory parental bereavement pay by virtue of section 171ZZ of that Act”;
b
in sub-paragraph (16)—
i
in the words before paragraph (a), after “shared parental leave” insert “, parental bereavement leave”;
ii
in paragraph (b) after “statutory shared parental pay” insert “statutory parental bereavement pay”;
iii
in paragraph (c) for “statutory shared parental pay ends or statutory adoption pay ends,” substitute “statutory shared parental pay, statutory parental bereavement pay or statutory adoption pay ends,”.
23
In Schedule 2 (applicable amounts: pensioners)—
a
in column (2) of the Table in paragraph 1 (personal allowances)—
i
in sub-paragraph (1) for “£167.25” and “£181.00” substitute “£173.80” and “£187.80” respectively;
ii
in sub-paragraph (2) for “£255.25” and “£270.60” substitute “”£265.20” and “£280.85” respectively;
iii
in sub-paragraph (3) for “£255.25” and “£88.00” substitute “£265.20” and “£91.40” respectively;
iv
in sub-paragraph (4) for “£270.60” and “£89.60” substitute “£280.85” and “£93.05” respectively;
b
in the Table in Part 4 (amounts of premiums specified in Part 3), in the second column—
i
in sub-paragraph (1) for £65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;
ii
in sub-paragraph (2) for “£26.04” substitute “£26.60;
iii
in sub-paragraph (3) for “£64.19” substitute “£65.52”;
iv
in sub-paragraph (4) for “£36.85” substitute “£37.50”.
24
In Schedule 3 (applicable amounts:: persons who are not pensioners)—
a
in column (2) of the Table in paragraph 1 (personal allowances)—
i
in sub-paragraph (1) for “£77.90” in each place in which it occurs substitute “£79.20” and for “£61.70” substitute “£62.75”;
ii
in sub-paragraph (2) for “£77.90” substitute “£79.20”;
iii
in sub-paragraph (3) for “£122.35” substitute “£124.45”;
b
in the Table in Part 4 (amount of premiums specified in Part 3), in the second column—
i
in sub-paragraph (1) for “£34.35” and “£48.95” substitute “£34.95” and “£49.80” respectively;
ii
in sub-paragraph (2) for “£65.85” in each place in which it occurs substitute “£66.95” and for “£131.70” substitute “£133.90”;
iii
in sub-paragraph (3) for “£64.19” substitute “£65.52”;
iv
in sub-paragraph (4) for “£36.85” substitute “£37.50”;
v
in sub-paragraph (5) for “£26.04”, “£16.80” and “£24.10” substitute “£26.60”, “£17.10” and “£24.50” respectively;
c
in Part 6 (amount of components), in paragraph 24 (amount of support component), for “£38.55” substitute “£39.20”.
(This note is not part of the Regulations)