2022 No. 51 (W. 19)
The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022
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 6 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 Senedd Cymru2.
Title, commencement and interpretationI11
1
The title of these Regulations is the Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2022.
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 2022.
4
In these Regulations—
-
“billing authority” (“awdurdod bilio”) has the meaning given in section 1(2)(b) of the Local Government Finance Act 1992 (“the 1992 Act”);
-
“council tax reduction scheme” (“cynllun gostyngiadau’r dreth gyngor”) means a scheme made by a billing authority in accordance with the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 20133, or the scheme that applies in default by virtue of paragraph 6(1)(e) of Schedule 1B to the 1992 Act.
Amendments to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013
I22
The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 are amended in accordance with regulations 3 to 10.
I33
1
Regulation 28(5) (persons treated as not being in Great Britain) is amended in accordance with paragraphs (2) to (5).
2
In sub-paragraph (e)—
a
after paragraph (ii) omit “or”;
b
at the end of paragraph (iii) for “;” substitute “,”
;
c
after paragraph (iii) insert—
or
iv
granted under the Afghan Citizens Resettlement Scheme4;
3
After sub-paragraph (k) omit “or”.
4
At the end of sub-paragraph (l) for “.” substitute “;”
.
5
After sub-paragraph (l) insert—
m
a person granted leave in accordance with the rules referred to in sub-paragraph (e), where such leave is granted by virtue of—
i
the Afghan Relocations and Assistance Policy5, or
ii
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme)6; or
n
a person in Great Britain not coming within sub-paragraph (e)(iv) or (m) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021.
I44
In Schedule 1 (determining eligibility for a reduction: pensioners), in paragraph 3 (non-dependant deductions: pensioners)—
a
in sub-paragraph (1)(a), for “£15.35” substitute “£15.95”
;
b
in sub-paragraph (1)(b), for “£5.10” substitute “£5.30”
;
c
in sub-paragraph (2)(a), for “£217.00” substitute “£224.00”
;
d
in sub-paragraph (2)(b), for “£217.00”, “£377.00” and “£10.20” substitute “£224.00”, “£389.00” and “£10.60” respectively;
e
in sub-paragraph (2)(c), for “£377.00”, “£469.00” and “£12.85” substitute “£389.00”, “£484.00” and “£13.35” respectively.
I55
In Schedule 2 (applicable amounts: pensioners)—
a
for the Table in paragraph 1 (personal allowance) substitute—
Column (1)
Column (2)
Person, couple or polygamous marriage
Amount
1
Single applicant or lone parent who has attained pensionable age
£197.10
2
Couple where one or both members have attained pensionable age
£294.90
3
If the applicant is a member of a polygamous marriage and one or more members of the marriage have attained pensionable age—
a
for the applicant and the other party to the marriage;
b
for each additional spouse who is a member of the same household as the applicant.
£294.90
£97.80
b
in column (2) of the Table in paragraph 2(1) (child or young person amounts), for “£66.90”, in each place it occurs, substitute
“£70.80”
;
c
in paragraph 3 (family premium), for “£17.45” substitute “£17.85”
;
d
in the Table in Part 4 (amounts of premium specified in Part 3), in the second column—
i
in sub-paragraph (1), for “£67.30”, in each place it occurs, substitute “£69.40”
and for “£134.60” substitute “£138.80”
;
ii
in sub-paragraph (2), for “£26.67” substitute “£27.44”
;
iii
in sub-paragraph (3), for “£65.94” substitute “£68.04”
;
iv
in sub-paragraph (4), for “£37.70” substitute “£38.85”
.
I66
In Schedule 5 (capital disregards: pensioners), after paragraph 28C insert—
28D
Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care7.
28E
Any redress payment made under Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20218.
I77
In Schedule 6 (determining eligibility for a reduction: persons who are not pensioners), in paragraph 5 (non-dependant deductions: persons who are not pensioners)—
a
in sub-paragraph (1)(a), for “£15.35” substitute “£15.95”
;
b
in sub-paragraph (1)(b), for “£5.10” substitute “£5.30”
;
c
in sub-paragraph (2)(a), for “£217.00” substitute “£224.00”
;
d
in sub-paragraph (2)(b), for “£217.00”, “£377.00” and “£10.20” substitute “£224.00”, “£389.00” and “£10.60” respectively;
e
in sub-paragraph (2)(c), for “£377.00”, “£469.00” and “£12.85” substitute “£389.00”, “£484.00” and “£13.35” respectively.
I88
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 “£79.60”, in each place it occurs, substitute “£82.10”
and for “£63.05” substitute “£65.00”
;
ii
in sub-paragraph (2), for “£79.60” substitute “£82.10”
;
iii
in sub-paragraph (3), for “£125.05” substitute “£128.95”
;
b
in column (2) of the Table in paragraph 3(1), for “£66.90”, in each place it occurs, substitute “£70.80”
;
c
in paragraph 4(1)(b) (family premium), for “£17.45” substitute “£17.85”
;
d
in the Table in Part 4 (amounts of premiums specified in Part 3), in the second column—
i
in sub-paragraph (1), for “£35.10” and “£50.05” substitute “£36.20”
and “£51.60”
respectively;
ii
in sub-paragraph (2), for “£67.30”, in each place it occurs, substitute “£69.40”
and for “£134.60” substitute “£138.80”
;
iii
in sub-paragraph (3), for “£65.94” substitute “£68.04”
;
iv
in sub-paragraph (4), for “£37.70” substitute “£38.85”
;
v
in sub-paragraph (5), for “£26.67”, “£17.20” and “£24.60” substitute “£27.44”, “£17.75” and “£25.35” respectively;
e
in Part 6 (amount of components)—
i
in paragraph 23, for “£29.70” substitute “£30.60”
;
ii
in paragraph 24, for “£39.40” substitute “£40.60”
.
I99
In Schedule 10 (capital disregards: persons who are not pensioners), after paragraph 65 insert—
66
Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care.
67
Any redress payment made under Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.
I1010
In Schedule 13 (all applicants: matters that must be included in an authority’s scheme - other matters), in paragraph 5—
a
at the end of sub-paragraph (7)(c) for “.” substitute “;”
;
b
after sub-paragraph (7)(c) insert—
d
a payment which is disregarded under paragraph 28D or 28E of Schedule 5 (capital disregards: pensioners) or paragraph 66 or 67 of Schedule 10 (capital disregards: persons who are not pensioners).
Amendments to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013
I1111
The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 20139 is amended in accordance with regulations 12 to 18.
I1212
1
Paragraph 19(5) (persons treated as not being in Great Britain) is amended in accordance with paragraphs (2) to (5).
2
In paragraph (e)—
a
after sub-paragraph (ii) omit “or”;
b
at the end of sub-paragraph (iii) for “;” substitute “,”
;
c
after sub-paragraph (iii) insert—
or
iv
granted under the Afghan Citizens Resettlement Scheme10;
3
After paragraph (k) omit “or”.
4
At the end of paragraph (l) for “.” substitute “;”
.
5
After paragraph (l) insert—
m
a person granted leave in accordance with the rules referred to in paragraph (e), where such leave is granted by virtue of—
i
the Afghan Relocations and Assistance Policy11, or
ii
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme)12; or
n
a person in Great Britain not coming within paragraph (e)(iv) or (m) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021.
I1313
In paragraph 28 (non-dependant deductions: pensioners and persons who are not pensioners)—
a
in sub-paragraph (1)(a), for “£15.35” substitute “£15.95”
;
b
in sub-paragraph (1)(b), for “£5.10” substitute “£5.30”
;
c
in sub-paragraph (2)(a), for “£217.00” substitute “£224.00”
;
d
in sub-paragraph (2)(b), for “£217.00”, “£377.00” and “£10.20” substitute “£224.00”, “£389.00” and “£10.60” respectively;
e
in sub-paragraph (2)(c), for “£377.00”, “£469.00” and “£12.85” substitute “£389.00”, “£484.00” and “£13.35” respectively.
I1414
In paragraph 111 (evidence and information)—
a
at the end of sub-paragraph (7)(c) for “.” substitute “;”
;
b
after sub-paragraph (7)(c) insert—
d
a payment which is disregarded under paragraph 28D or 28E of Schedule 8 (capital disregards: pensioners) or paragraph 66 or 67 of Schedule 9 (capital disregards: persons who are not pensioners).
I1515
In Schedule 2 (applicable amounts: pensioners)—
a
in paragraph 1 (personal allowance), for the Table substitute—
Column (1)
Column (2)
Person, couple or polygamous marriage
Amount
1
Single applicant or lone parent who has attained pensionable age
£197.10
2
Couple where one or both members have attained pensionable age
£294.90
3
If the applicant is a member of a polygamous marriage and one or more members of the marriage have attained pensionable age—
a
for the applicant and the other party to the marriage;
b
for each additional spouse who is a member of the same household as the applicant.
£294.90
£97.80
b
in column (2) of the Table in paragraph 2(1) (child or young person amounts), for “£66.90”, in each place it occurs, substitute
“£70.80”
;
c
in paragraph 3 (family premium), for “£17.45” substitute “£17.85”
;
d
in the Table in Part 4 (amounts of premium specified in Part 3), in the second column—
i
in sub-paragraph (1), for “£67.30” in each place it occurs, substitute “£69.40”
and for “£134.60” substitute “£138.80”
;
ii
in sub-paragraph (2), for “£26.67” substitute “£27.44”
;
iii
in sub-paragraph (3), for “£65.94” substitute “£68.04”
;
iv
in sub-paragraph (4), for “£37.70” substitute “£38.85”
.
I1616
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 “£79.60”, in each place it occurs, substitute “£82.10”
and for “£63.05” substitute “£65.00”
;
ii
in sub-paragraph (2), for “£79.60” substitute “£82.10”
;
iii
in sub-paragraph (3), for “£125.05” substitute “£128.95”
;
b
in column (2) of the Table in paragraph 3(1) (child or young person amounts), for “£66.90”, in each place it occurs, substitute
“£70.80”
;
c
in paragraph 4(1)(b) (family premium), for “£17.45” substitute “£17.85”
;
d
in the Table in Part 4 (amount of premiums specified in Part 3), in the second column—
i
in sub-paragraph (1), for “£35.10” and “£50.05” substitute “£36.20”
and “£51.60”
respectively;
ii
in sub-paragraph (2), for “£67.30”, in each place it occurs, substitute “£69.40”
and for “£134.60” substitute “£138.80”
;
iii
in sub-paragraph (3), for “£65.94” substitute “£68.04”
;
iv
in sub-paragraph (4), for “£37.70” substitute “£38.85”
;
v
in sub-paragraph (5), for “£26.67”, “£17.20” and “£24.60” substitute “£27.44”, “£17.75” and “£25.35” respectively;
e
in Part 6 (amount of components)—
i
in paragraph 23, for “£29.70” substitute “£30.60”
;
ii
in paragraph 24, for “£39.40” substitute “£40.60”
.
I1717
In Schedule 8 (capital disregards: pensioners), after paragraph 28C insert—
28D
Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care13.
28E
Any redress payment made under Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 202114.
I1818
In Schedule 9 (capital disregards: persons who are not pensioners), after paragraph 65 insert—
66
Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care.
67
Any redress payment made under Part 4 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.
(This note is not part of the Regulations)