The Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018

Made: 27th September 2018

Laid before the Scottish Parliament: 1st October 2018

Coming into force: 28th November 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 80 and 113(1) and paragraph 1 of schedule 2 of the Local Government Finance Act 1992 and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Council Tax Reduction (Scotland) Amendment (No. 3) Regulations 2018 and come into force on 28 November 2018.

Amendment of the Council Tax Reduction (Scotland) Regulations 2012

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Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

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The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 are amended in accordance with regulations 6 and 7.

6

In regulation 27(1)(j) (meaning of “income”)—

• (a) omit “and” where it occurs after head (xx) ; and

• (b) after head (xxi) insert—

(xxii) any early years assistance given under section 24, section 32 and schedule 6 of the Social Security (Scotland) Act 2018 ; and (xxiii) any funeral expense assistance given under section 24, section 34 and schedule 8 of that Act;

7

In schedule 4 (capital disregards)—

• (a) in paragraph 21(1)(d), for “, an official error,” substitute—

(i) an official error, (ii) an error on a point of law made by an officer of the Department of Work and Pensions, or (iii) any error made by a member of staff of the Scottish Administration involved in the administration of social security benefits to which no person outside the Scottish Government or the Department for Work and Pensions materially contributed,

• (b) in paragraph 22(1) for “an official error” substitute “ an error described in sub-paragraph (1A) ”; and

• (c) after paragraph 22(1) insert—

(1A) Sub-paragraph (1) applies to— (a) an official error, (b) an error on a point of law made by an officer of the Department of Work and Pensions, (c) any error made by a member of staff of the Scottish Administration involved in the administration of social security benefits to which no person outside the Scottish Government or the Department for Work and Pensions materially contributed.

Signed

KATE FORBES — Authorised to sign by the Scottish Ministers — 2018-09-27

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c.14; section 80 was amended by paragraph 176 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). There are other amendments to section 80 and section 113(1) that are not relevant to these Regulations. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I. 2012/303; relevant amending instruments are S.S.I. 2017/326 and S.S.I. 2018/211.

[^f00003]: Paragraph 65 is prospectively inserted by S.S.I. 2018/211.

[^f00004]: 2018 asp 9.

[^f00005]: S.I. 1999/991; relevant amending instruments are S.I. 2002/1379, S.I. 2008/2683 and S.I. 2012/2007.

[^f00006]: S.S.I. 2012/319; relevant amending instruments are S.S.I. 2013/143, S.S.I. 2013/218, S.S.I. 2016/81, S.S.I. 2017/326, S.S.I. 2018/211 (prospectively) and S.I. 2014/3255.

[^f00007]: Head (xxi) is prospectively added by S.S.I. 2018/211.

[^f00008]: 2018 asp 9.

Amendment of the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012

Editorial notes

[^c23400221]: 1992 c.14; section 80 was amended by paragraph 176 of schedule 13 of the Local Government etc. (Scotland) Act 1994 (c.39). There are other amendments to section 80 and section 113(1) that are not relevant to these Regulations. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^c23400271]: S.S.I. 2012/319; relevant amending instruments are S.S.I. 2013/143, S.S.I. 2013/218, S.S.I. 2016/81, S.S.I. 2017/326, S.S.I. 2018/211 (prospectively) and S.I. 2014/3255.

[^c23400281]: Head (xxi) is prospectively added by S.S.I. 2018/211.

[^c23400291]: 2018 asp 9.

[^key-3ca31ee31d27413e967602eaf5492e8c]: Regs. 2-4 revoked (1.4.2022) by The Council Tax Reduction (Scotland) Regulations 2021 (S.S.I. 2021/249), reg. 1, sch. 6 (with regs. 2, 97-101)