The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

Made: 27 November 2013

Coming into force in accordance with regulation 1(2)

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.

PART 1 — General

Title, commencement and application

1

• (1) The title of these Regulations is the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013.

• (2) These Regulations come into force on the day after the day on which they are made and apply in relation to Wales.

• (3) These Regulations apply in relation to council tax reduction schemes made by authorities for financial years beginning on or after 1 April 2014.

Interpretation

2

• (1) In these Regulations—

• “the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 1992;

• “Abbeyfield Home” (“Cartref Abbeyfield”) means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society;

• “adoption leave” (“absenoldeb mabwysiadu”) means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996[^f00002];

• “AFIP” (“TALlA”) means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004[^f00003];

• “applicable amount” (“swm cymwysadwy”) means—in relation to a pensioner, the amount calculated in accordance with paragraph 1 of Schedule 1 and Schedule 2; andin relation to a person who is not a pensioner, the amount calculated in accordance with—paragraphs 1 and 2 of Schedule 6 and Schedule 7; orparagraph 3 of Schedule 6,as the case may be;

• “applicant” (“ceisydd”) means a person applying for a reduction under an authority’s scheme;

• “application” (“cais”) means an application for a reduction under an authority’s scheme;

• “appropriate DWP office” (“swyddfa briodol yr Adran Gwaith a Phensiynau”) means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseeker’s allowance or an employment and support allowance;

• “approved blood scheme” (“cynllun gwaed cymeradwy”) means— a scheme established or approved by the Secretary of State, or a trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ora scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006 and administered by the Velindre Trust for the purpose of making payments and providing support to, or in respect of, individuals infected with Hepatitis C, HIV or both, through contaminated blood or blood products used by the NHS;

• “assessment period” (“cyfnod asesu”) means the period determined—in relation to pensioners—in relation to the earnings of a self-employed earner, in accordance with paragraph 14 of Schedule 1 for the purpose of calculating the weekly earnings of the applicant; orin relation to any other income, in accordance with paragraph 11 of Schedule 1 for the purpose of calculating the weekly income of the applicant;in relation to persons who are not pensioners, such period as is set out in paragraphs 10 to 12 of Schedule 6 over which income falls to be calculated;

• “attendance allowance” (“lwfans gweini”) means—an attendance allowance under Part 3 of the SSCBA[^f00004];an increase of disablement pension under section 104 or 105 of the SSCBA;a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983[^f00005] or any analogous payment; orany payment based on need for attendance which is paid as part of a war disablement pension;

• “the authority” (“yr awdurdod”) means a billing authority in relation to whose area a scheme has effect in accordance with regulation 12;

• “basic rate” (“cyfradd sylfaenol”) has the meaning given by the Income Tax Act 2007[^f00006];

• “the benefit Acts” (“y Deddfau budd-dal”) means the SSCBA, the Jobseekers Act 1995[^f00007], the State Pension Credit Act 2002[^f00008] , the Welfare Reform Act 2007 [^f00009] and the Pensions Act 2014;

• “board and lodging accommodation” (“prydau bwyd a llety”) means accommodation provided to a person, or if that person is a member of a family, to that person or any other member of that person’s family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of that person’s family) and are consumed in that accommodation or associated premises;

• “care home” (“cartref gofal”)—in England has the meaning given by section 3 of the Care Standards Act 2000;in Wales means a place at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults;in Scotland means a care home service within the meaning given by paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010; andin Northern Ireland means a nursing home within the meaning of article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 or a residential care home within the meaning of article 10 of that Order;

• “the Caxton Foundation” (“Sefydliad Caxton”) means the charitable trust of that name established on 28 March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

• “child” (“plentyn”) means a person under the age of 16;

• “child benefit” (“budd-dal plant”) has the meaning given by section 141 of the SSCBA[^f00013];

• “child tax credit” (“credyd treth plant”) means a child tax credit under section 8 of the Tax Credits Act 2002[^f00014];

• “close relative” (“perthynas agos”) means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

• “concessionary payment” (“taliad consesiynol”) means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act 2002[^f00015] are charged;

• “contributory employment and support allowance” (“lwfanscyflogaeth a chymorthcyfrannol”) means an allowance under Part 1 of the Welfare Reform Act 2007[^f00003] as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012[^f00004] that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

• “council tax benefit” (“budd-dal treth gyngor”) means council tax benefit under Part 7 of the SSCBA;

• “couple” (“cwpl”) has the meaning given by regulation 4;

• “designated office” (“swyddfa ddynodedig”) means the office of an authority designated by it for the receipt of applications—by notice upon or with a form supplied by the authority for the purposes of making an application; orby reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; orby any combination of the provisions set out in paragraphs (a) and (b);

• “disability living allowance” (“lwfans byw i’r anabl”) means a disability living allowance under section 71 of the SSCBA[^f00017];

• “dwelling” (“annedd”) has the meaning given by section 3 of the 1992 Act;

• “earnings” (“enillion”) has the meaning given by paragraphs 12, 14 and 15 of Schedule 1 and paragraph 14 or 16 of Schedule 6 as the case may be;

• “the Eileen Trust” (“Ymddiriedolaeth Eileen”) means the charitable trust of that name established on 29 March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

• “electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000[^f00018];

• “employed earner” (“enillydd cyflogedig”) is to be construed in accordance with section 2(1)(a) of the SSCBA[^f00019] and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;

• “the Employment, Skills and Enterprise Scheme” (“y Cynllun Cyflogaeth, Sgiliau a Menter”) means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995[^f00020] known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);

• “employment zone” (“parth cyflogaeth”) means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999[^f00021] and an “employment zone programme” (“rhaglen parth cyflogaeth”) means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

• “employment zone contractor” (“contractwr parth cyflogaeth”) means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Work and Pensions;

• “enactment” (“deddfiad”) includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales;

• “extended reduction” (“gostyngiad estynedig”) means a reduction under a scheme to which a person is eligible under Part 5 of Schedule 1 and Part 5 of Schedule 6;

• “extended reduction period” (“cyfnod gostyngiad estynedig”) means the period for which a person is in receipt of an extended reduction in accordance with paragraph 33 of Schedule 1 and paragraph 35 of Schedule 6 or paragraph 40 of Schedule 6;

• “extended reduction (qualifying contributory benefits)” (“gostyngiad estynedig (budd-daliadau cyfrannol cymwys)”) means a reduction under a scheme for which a person is eligible pursuant to paragraph 32 of Schedule 1 and paragraph 39 of Schedule 6;

• “family” (“teulu”) has the meaning given by regulation 6;

• “the Fund” (“y Gronfa”) means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by the Secretary of State on 24 April 1992 or, in Scotland, on 10 April 1992;

• “guarantee credit” (“credyd gwarant”) is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002[^f00022];

• “a guaranteed income payment” (“taliad incwm gwarantedig”) means a payment made under article 15(1)(c) or article 29(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011[^f00023];

• “the Horizon system” (“y system Horizon”) means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

• “housing benefit” (“budd-dal tai”) means housing benefit under Part 7 of the SSCBA;

• “an income-based jobseeker’s allowance” (“lwfans ceisio gwaith ar sail incwm”) and “a joint-claim jobseeker’s allowance” (“lwfans ceisio gwaith cyd-hawliad”) have the meanings given by section 1(4) of the Jobseekers Act 1995[^f00024];

• “income-related employment and support allowance” (“lwfans cyflogaeth a chymorth ar sail incwm”) means an income-related allowance under Part 1 of the Welfare Reform Act 2007;

• “independent hospital” (“ysbyty annibynnol”)—in England means a hospital as defined by section 275 of the National Health Service Act 2006[^f00025] that is not a health service hospital as defined by that section;in Wales has the meaning given by section 2 of the Care Standards Act 2000[^f00026]; andin Scotland means an independent hospital or a private psychiatric hospital as defined by section 10F(2) of the National Health Service (Scotland) Act 1978;

• “the Independent Living Fund (2006)” (“y Gronfa Byw’n Annibynnol (2006)”) means the Trust of that name established by a deed dated 10 April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

• “invalid carriage or other vehicle” (“cerbyd ar gyfer pobl anabl neu fath arall o gerbyd”) means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

• “LGBT Financial Recognition Scheme payment” (“taliad Cynllun Cydnabyddiaeth Ariannol LHDT”) means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;

• “the London Bombings Relief Charitable Fund” (“Cronfa Gymorth Elusennol Bomiau Llundain”) means the company limited by guarantee (number 5505072), and registered charity of that name established on 11 July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7 July 2005;

• “the London Emergencies Trust” (“Ymddiriedolaeth Argyfyngau Llundain”) means the company of that name (number 09928465) incorporated on 23 December 2015 and the registered charity of that name (number 1172307) established on 28 March 2017;

• “lone parent” (“unig riant”) means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

• “the Macfarlane (Special Payments) Trust” (“Ymddiriedolaeth Macfarlane (Taliadau Arbennig)”) means the trust of that name, established on 29 January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

• “the Macfarlane (Special Payments) (No 2) Trust” (“Ymddiriedolaeth Macfarlane (Taliadau Arbennig) (Rhif 2)”) means the trust of that name, established on 3 May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

• “the Macfarlane Trust” (“Ymddiriedolaeth Macfarlane”) means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

• “main phase employment and support allowance” (“lwfans cyflogaeth a chymorth prif wedd”), except in Part 1 of Schedule 7, means an employment and support allowance where—the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007; orthe applicant is a member of the work-related activity group;

• “maternity leave” (“absenoldeb mamaeth”) means a period during which a woman is absent from work because the woman is pregnant or has given birth to a child, and at the end of which the woman has a right to return to work either under the terms of the woman’s contract of employment or under Part 8 of the Employment Rights Act 1996[^f00029];

• “maximum council tax reduction amount” (“uchafswm gostyngiad treth gyngor”) means the amount determined in accordance with paragraph 2 of Schedule 1 and paragraph 4 of Schedule 6;

• “member of a couple” (“aelod o gwpl”) means a member of a married or unmarried couple;

• “member of the work-related activity group” (“aelod o’r grŵp gweithgaredd perthynol i waith”) means a person who has or is treated as having limited capability for work under either— Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; orPart 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;

• “MFET Limited” (“MFET Limited”) means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;

• “miscarriage of justice compensation payment” (“taliad digollediad camweinyddu cyfiawnder”) means—a payment made under section 133(1) of the Criminal Justice Act 1988, orany other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—for a miscarriage of justice in criminal proceedings, orfor being wrongfully charged with a criminal offence;

• “mobility supplement” (“atodiad symudedd”) means—in relation to pensioners, a supplement to which paragraph 5(1)(a)(vii) of Schedule 3 refers;in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 9 refers;

• “mover” (“symudwr”) means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of one authority to a dwelling in the area of a second authority;