The Council Tax Reduction Schemes (Default Scheme) (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 a resolution of the National Assembly for Wales.

Title, commencement, application and revocation

1

• (1) The title of these Regulations is the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013.

• (2) These Regulations come into force on the day after the day on which they are made.

• (3) These Regulations apply in relation to billing authorities in Wales, and the first financial year to which the scheme set out in the Schedule to these Regulations relates is the year beginning 1 April 2014.

• (4) The Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2012[^f00002] are revoked.

Default scheme

2

The scheme set out in the Schedule to these Regulations is the scheme prescribed for the purposes of paragraph 6 of Schedule 1B to the Local Government Finance Act 1992.

SCHEDULE — Council Tax Reduction Schemes (Default Scheme) (Wales)

Signed

Lesley Griffiths — Minister for Local Government and Government Business, one of the Welsh Ministers — 27 November 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 13A of the Local Government Finance Act 1992 (“the 1992 Act”), enables the Welsh Ministers to make regulations in connection with council tax reduction schemes. Paragraph 6 of Schedule 1B to the 1992 Act enables the Welsh Ministers to prescribe by regulations a default scheme. The default scheme is to take effect, in respect of dwellings situated in the area of a billing authority, if the authority fails to make its own scheme in accordance with any duty imposed by virtue of regulations made by the Welsh Ministers. If there is no duty to introduce a scheme by virtue of regulations made by the Welsh Ministers, the scheme provided for within these regulations will not take effect.

The default scheme prescribed by the Welsh Ministers is set out in the Schedule to these Regulations. Parts 1 and 2 contain introductory provisions and definitions of key words and phrases. Part 3 and Schedule 1 contains the procedure for reduction applications and appeals. Parts 4 and 5 specify the classes of person entitled and not entitled to a reduction under the scheme, respectively.

Parts 6 to 8 and Schedules 2 and 3 set out matters relevant to determining eligibility for a reduction and the amount of reduction under the scheme.

Part 9 and Schedules 4 to 9 set out how income and capital of the applicant and others is treated in calculating eligibility for a reduction, including in cases where an applicant or partner has an award of universal credit. Part 10 provides for the application of the scheme to students. Part 11 provides for extended reductions in certain circumstances and Part 12 sets out the period of entitlement and how a change in circumstances affects any reduction.

Part 13 of the scheme provides for the making of an application for a reduction. Part 14 sets out the time within which an authority must make its decision on the application and provides for notification of the decision. Part 15 makes provision about the award or payment of a reduction, and Schedule 11 sets out the matters which must be included within notifications.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Local Government Finance and Public Service Performance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 1992 c.14. Section 13A was substituted by section 10(1) of the Local Government Finance Act 2012 (c.17), and Schedule 1B was inserted by section 10(5) and Schedule 4 to that Act.

[^f00002]: S.I. 2012/3145 (W.317).

[^f00003]: 1996 c.18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c.22) and amended by the Work and Families Act 2006 (c.18), Schedule 1, paragraphs 33 and 34.

[^f00004]: 2004 c.32.

[^f00005]: 1992 c.4. See sections 64 and 67 of that Act in relation to attendance allowance.

[^f00006]: S.I. 1983/686, relevant amending instruments are S.I. 1984/1675 , 2001/420.

[^f00007]: 2007 c.3. Section 989 defines “basic rate” by reference to section 6(2) of that Act. Section 6(2) was amended by section 5 of the Finance Act 2008 (c.9) and section 6 of, and paragraphs 1 and 2 of Part 1 of Schedule 2 to, the Finance Act 2009 (c.10).

[^f00008]: 1995 c.18.

[^f00009]: 2002 c.16.

[^f00010]: 2007 c.5.

[^f00014]: Section 141 was amended by section 1 of the Child Benefit Act 2005 (c.6).

[^f00015]: 2002 c.21; section 8 is repealed by section 147 of, and Part 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5), but those provisions are not yet in force.

[^f00016]: 2002 c.21.

[^f00018]: Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c.30) and repealed by section 90 of the Welfare Reform Act 2012 (c.5) (not yet in force).

[^f00019]: 2002 c.7; the definition of “electronic communication” contained in section 15(1) was amended by section 406 of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c.21).

[^f00020]: Section 2(1)(a) was amended by the Income Tax (Earnings and Pensions) Act 2003, Schedule 6, paragraphs 169 and 171 (c.1).

[^f00021]: Section 17A was inserted by the Welfare Reform Act 2009 (c.24), section 1 and amended by the Welfare Reform Act 2012 (c.5), Schedule 7, paragraphs 1 and 4, and Schedule 14, Parts 1 and 3 (not yet in force). The section is repealed by Part 4 of Schedule 14 of that Act (not yet in force).

[^f00022]: 1999 c.30.

[^f00023]: 2002 c.16.

[^f00024]: S.I. 2011/517.

[^f00025]: 1995 c.18. Section 1(4) was amended by the Welfare Reform and Pensions Act 1999, Schedule 7, paragraphs 1 and 2(1) and (4), the Civil Partnership Act 2004 (c.33), section 4 of the Welfare Reform Act 2009 (c.24), and is repealed by the Welfare Reform Act 2012, Schedule 14, Part 1 (not yet in force).

[^f00026]: 2006 c.41. The definition of “health service hospital” has been amended by the Health and Social Care Act 2012 (c.7), Schedule 4, paragraph 138.

[^f00027]: 2000 c.14. Section 2 was amended by the Health and Social Care Act 2008 (c.14), Schedule 5, paragraphs 1 and 3.

[^f00030]: 1996 c.18.

[^f00031]: 1972 c.70. The definition of “local authority” was amended by section 102 of, and paragraph 8 of Schedule 16 and Schedule 17 to the Local Government Act 1985 (c.51). Other amendments have been made to that definition but they are not relevant to these Regulations.

[^f00032]: 1993 c.48. The definition of “occupational pension scheme” was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by S.I. 2007/3014.

[^f00033]: 1996 c.18. Sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c.22) and sections 80AA and 80BB were inserted by section 3 of the Work and Families Act 2006 (c.18). Relevant regulations made under these sections are S.I. 2002/2788 and S.I. 2003/921 (made under sections 80A and 80B) and S.I. 2010/1055 and S.I. 2010/1059 (made under sections 80AA and 80BB).

[^f00034]: 1995 c.26; paragraph 1 has been amended by the State Pension Credit Act 2002 (c.16), Schedule 2, paragraph 39; the Welfare Reform Act 2007 (c.5), Schedule 3, paragraph 13; the Pensions Act 2007 (c.22), Schedule 3, paragraph 4; and section 1 of the Pensions Act 2011 (c.19).

[^f00035]: 2012 c.5.

[^f00036]: 1993 c.48; the definition of “personal pension scheme” was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by sections 70 and 114 of, and paragraph 23 of Schedule 20 and paragraph 3 of Schedule 27 to, the Finance Act 2007 (c.11).

[^f00037]: 1988 c.1.

[^f00038]: 2004 c.12.

[^f00039]: 2002 c.16.

[^f00040]: S.I. 2006/214; amended by S.I. 2007/1356, 2007/2869.

[^f00041]: 2002 c.16. Section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24, paragraph 140 and S.I. 2002/1792.

[^f00042]: 1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) and repealed in part by the Employment Act 1989 (c.38), Schedule 7, Part 1.

[^f00043]: 1990 c.35.

[^f00044]: 1978 c.29.

[^f00045]: See definition of “landlord authority” in section 114 of the Housing Act 1985 (c.68). Section 114 was amended by section 83(4) of the Housing Act 1988 (c.50); the Government of Wales Act 1998 (c.38) sections 129 and 152, Schedule 15, paragraph 10, and Schedule 18, Part IV; the Localism Act 2011 (c.20) section 222 and Schedule 22, paragraphs 9 and 12; S.I. 1996/2325; and S.I. 2010/866.

[^f00046]: 1985 c.68.; Section 105 was amended by S.I. 1996/2325; the Government of Wales Act 1998 (c.38), Schedule 8, paragraph 5 and Schedule 16, paragraph 5; and S.I. 2010/866.

[^f00047]: 1995 c.50.; Section 49A was inserted in respect of Northern Ireland by article 5 of S.I. 2006/312 (N.I. 1).

[^f00048]: 2010 c.15.

[^f00049]: 1999 c.27; Section 3 was amended by section 137 of the Local Government and Public Involvement in Health Act 2007 (c.28).

[^f00050]: 2009 nawm 2.

[^f00051]: 2001 asp 10.

[^f00052]: 2006 c.41.

[^f00053]: 2006 c.42.

[^f00054]: 2008 c.14; Section 4 has been amended by section 189 of the Health and Social Care Act 2012 (c.7).

[^f00055]: 2008 c.17; Section 193 was amended by the Localism Act 2011 (c.20); Schedule 17, paragraphs 1 and 4 and Schedule 25, Part 27; section 196 was amended by section 26(4) of the Local Democracy, Economic Development and Construction Act 2009 (c.20) and the Localism Act 2011, sections 178, 195 and 237, and Schedules 19 and 25.

[^f00056]: 1993 c.39; subsection (2) was amended by S.I. 1996/3095, and 1999/1663.

[^f00057]: 1992 c.4.

[^f00058]: 2002 c.16.

[^f00059]: 1973 c.50. Section 2 was substituted by the Employment Act 1988 (c.19), section 25, and amended by the Employment Act 1989 (c.38), Schedule 7, Part 1.

[^f00060]: 2012 c.5.