The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/29 |
| Year | 2021 |
2021 No. 29
Council Tax, England
The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021
Made 12th January 2021
Laid before Parliament 13th January 2021
Coming into force 11th February 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 113(1) and (2) of, and paragraph 2 of Schedule 1A to, the Local Government Finance Act 19921:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2021 and come into force on 11th February 2021.
(2) These Regulations apply in relation to council tax reduction schemes2made by billing authorities3for financial years beginning on or after 1st April 2021.
Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
2. The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 20124are amended as follows.
Amendment of regulation 2
3. In regulation 2(1) (interpretation)—
(a) omit the definitions of “the Grenfell Tower charitable funds” and “the Grenfell Tower Residents’ Discretionary Fund”;
(b) for the definition of “Grenfell Tower support payment” substitute—
““Grenfell Tower support payment” means a payment made to a person because that person was affected by the fire on 14th June 2017 at Grenfell Tower, or a payment to the personal representative of such a person—
(a) from the £5 million fund announced on 16th June 2017 for the benefit of certain persons affected by the fire on 14th June at Grenfell Tower and known as the Grenfell Tower Residents’ Discretionary Fund;
(b) by the Royal Borough of Kensington and Chelsea; or
(c) by a registered charity;”;
(c) at the appropriate place insert—
““the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;”;
(d) in the definition of “qualifying person”—
(i) in paragraph (a)—
(aa) after “a person in respect of whom” insert “a Grenfell Tower support payment has been made or”;
(bb) omit “the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund,”;
(cc) after “the Windrush Compensation Scheme” insert “, the National Emergencies Trust”;
(ii) omit paragraph (b) and “or” at the end of paragraph (a).
Amendment of regulation 3
4. In regulation 3 (meaning of “pensioner” and “person who is not a pensioner”)—
(a) the existing text becomes paragraph (1);
(b) after that paragraph insert—
“2 For the purposes of sub-paragraphs (a)(ii)(bb) and (b)(ii)(bb) in paragraph (1) an award of universal credit is to be disregarded during the relevant period.
3 In this regulation—
“assessment period” has the same meaning as in the Universal Credit Regulations 20135;
“relevant period” means the period beginning with the day on which P and each partner of P has attained the qualifying age for state pension credit and ending with the day on which the last assessment period for universal credit ends.”.
Amendment of regulation 12
5. In regulation 12 (persons treated as not being in Great Britain)—
(a) in paragraph (4A)—
(i) omit sub-paragraph (a);
(ii) at the end of sub-paragraph (b) omit “or”;
(iii) at the end of sub-paragraph (c) insert—
“; or
(d)
(d) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.”;
(b) after paragraph (4A) insert—
“4B Paragraph (4A)(b) does not apply to a person who—
(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and
(b) would have a right to reside under the EEA Regulations6if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (4)(a) or (b).”;
(c) in paragraph (5)(b) omit the words “within the meaning of regulation 7(1)(a), (b) or (c) of the EEA Regulations”;
(d) after paragraph (5)(c) insert—
“(ca)
“(ca) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (4A)(b), provided that the relevant person of Northern Ireland falls within paragraph (5)(a), or would do so but for the fact that they are not an EEA national;
(cb)
(cb) a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 20207;
(cc)
(cc) a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 19718;”;
(e) in paragraph (8)—
(i) at the appropriate places insert—
““EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;”;
““family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (4B) and (5)(ca);”;
““relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.”;
(ii) at the end of the definition of EEA Regulations insert “and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 20209”.
Amendment of Schedule 1
6. In Schedule 1 (pensioners: matters that must be included in an authority’s scheme)—
(a) in paragraph 8 (non-dependent deductions)—
(i) in sub-paragraph (1)(a) for “£12.40” substitute “£12.45”;
(ii) in sub-paragraph (2)(b) for “£8.25” substitute “£8.30”;
(iii) in sub-paragraph (2)(c) for “£10.35” substitute “£10.40”;
(iv) in sub-paragraph (9)(b)—
(aa) omit “the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund,”;
(bb) after “the Windrush Compensation Scheme” insert “, the National Emergencies Trust”;
(v) in sub-paragraph (10)(a)—
(aa) omit “the Grenfell Tower charitable funds, the Grenfell Tower Residents’ Discretionary Fund,”;
(bb) after “the Windrush Compensation Scheme” insert “, the National Emergencies Trust”;
(b) in paragraph 16(1)(j) (meaning of income)—
(i) before sub-paragraph (i) insert—
“(zi)
“(zi) universal credit;”;
(ii) omit sub-paragraph (xix);
(iii) after sub-paragraph (xxii) insert—
“(xxiii)
“(xxiii) any Scottish child payment assistance given in accordance with section 79 of that Act10;
(xxiv)
(xxiv) any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 201911;
(xxv)
(xxv) short-term assistance given in accordance with regulations under section 36 of the Social Security (Scotland) Act 201812;
(xxvi)
(xxvi) winter heating assistance given in accordance with regulations under section 30 of that Act;
(xxvii)
(xxvii) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Northern Ireland;”;
(c) in paragraph 16(5)(b)(i)—
(i) at the end of paragraph (aa) for “or” substitute “and”;
(ii) at the end of paragraph (bb) for “and” substitute “or”.
Amendment of Schedule 2
7.—(1) Schedule 2 (applicable amounts) is amended as follows.
(2) In the Table in paragraph 1 (personal allowance)—
(a)
(a) in paragraph (1)—
(i) in column (1) after “pensionable age” insert “before 1st April 2021”;
(ii) in column (2) for “£187.75” substitute “£191.15”;
(b)
(b) in paragraph (2)—
(i) in column (1) after “pensionable age” insert “before 1st April 2021”;
(ii) in column (2) for “£280.85” substitute “£286.05”;
(c)
(c) in paragraph (3)—
(i) in column (1) after “pensionable age” insert “before 1st April 2021”;
(ii) in column (2)—
(aa) in sub-paragraph (a) for “£280.85” substitute “£286.05”;
(bb) in sub-paragraph (b) for “£93.10” substitute “£94.90”;
(d)
(d) at the end of the Table insert—
“(4) Single applicant or lone parent who has attained pensionable age... |
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