Session 2012 - 13
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Notices of Amendments: 16 May 2012                     

18

 

Local Government Finance Bill, continued

 
 

(c)    

section 1 of the Social Security Administration Act 1992 (entitlement

 

to benefit dependent on claim) so far as applying in relation to council

 

tax benefit;

 

(d)    

section 6 of that Act (regulations about council tax benefit

 

administration).’.

 

Secretary Eric Pickles

 

55

 

Page  51,  line  30  [Schedule  4],  after ‘benefit’ insert ‘, or who makes or has made a

 

claim for that benefit,’.

 

Secretary Eric Pickles

 

56

 

Page  51,  line  31  [Schedule  4],  at end insert—

 

‘Schedule 1B

 

Section 13A

 

Council tax reduction schemes: Wales

 

Interpretation

 

1          

In this Schedule—

 

(a)    

“the regulations” means regulations under section

 

13A(2B);

 

(b)    

“scheme” means council tax reduction scheme under the

 

regulations;

 

(c)    

“specified” means specified in the regulations;

 

(d)    

“specified authority” means a person or body required by

 

the regulations to make a scheme (and, in relation to a

 

particular scheme, means the authority which made the

 

scheme or is under a duty to make it).

 

Application of schemes

 

2    (1)  

The regulations may—

 

(a)    

prescribe, for each scheme that is to be made, the dwellings

 

to which that scheme is to apply;

 

(b)    

require each scheme to state the dwellings to which it is to

 

apply.

 

      (2)  

The regulations may prescribe—

 

(a)    

the date by which each scheme is to be made, and

 

(b)    

the first financial year to which it must relate.

 

Persons entitled to reductions

 

3    (1)  

The regulations may prescribe—

 

(a)    

classes of person who are to be entitled to a reduction under

 

schemes;

 

(b)    

classes of person who must not be entitled to a reduction

 

under schemes.

 

      (2)  

The regulations may—


 
 

Notices of Amendments: 16 May 2012                     

19

 

Local Government Finance Bill, continued

 
 

(a)    

allow specified authorities to determine (subject to

 

regulations under sub-paragraph (1)) classes of person who

 

are to be entitled to a reduction under schemes, or

 

(b)    

provide that specified authorities may not determine such

 

classes.

 

      (3)  

The regulations may require each scheme to state the classes of

 

person (prescribed under sub-paragraph (1)(a) or determined under

 

sub-paragraph (2)(a)) who are to be entitled to a reduction under the

 

scheme.

 

      (4)  

Any class of person prescribed under sub-paragraph (1)(a) may be

 

determined by reference to, in particular, the matters listed in sub-

 

paragraph (7).

 

      (5)  

The regulations may require any class of person determined under

 

sub-paragraph (2)(a) to be determined by reference to specified

 

matters (which may include those listed in sub-paragraph (7)).

 

      (6)  

If the regulations do not require a class a person to be determined as

 

mentioned in sub-paragraph (5), the specified authority may

 

determine that class by reference to, in particular, the matters listed

 

in sub-paragraph (7).

 

      (7)  

Those matters are—

 

(a)    

whether the Welsh Ministers consider, or the specified

 

authority considers, any person to be in financial need;

 

(b)    

the income of any person liable to pay council tax in respect

 

of any dwelling to which a scheme is to apply;

 

(c)    

the capital of any such person;

 

(d)    

whether any such person is in receipt of any specified

 

benefit;

 

(e)    

the income and capital of any other person who is a resident

 

of the dwelling, or whether any such person is in receipt of

 

any specified benefit;

 

(f)    

the number of dependants of any person within paragraph

 

(b) or (e);

 

(g)    

whether the person has made an application for the

 

reduction.

 

Reductions

 

4    (1)  

The regulations may prescribe reductions, including minimum and

 

maximum reductions, to which persons in each class (whether

 

prescribed under paragraph 3(1)(a) or determined under paragraph

 

3(2)(a)) are to be entitled under schemes.

 

      (2)  

The regulations may—

 

(a)    

allow specified authorities to determine (subject to

 

regulations under sub-paragraph (1)) reductions to which

 

persons in each class set out in the scheme are to be

 

entitled, or

 

(b)    

provide that specified authorities may not determine such

 

reductions.


 
 

Notices of Amendments: 16 May 2012                     

20

 

Local Government Finance Bill, continued

 
 

      (3)  

The regulations may require each scheme to set out the reductions

 

(whether prescribed under sub-paragraph (1) or determined under

 

sub-paragraph (2)(a)) to which persons in each class set out in the

 

scheme are to be entitled.

 

      (4)  

Different reductions may be set out for different classes.

 

      (5)  

A reduction under a scheme may be—

 

(a)    

a discount calculated as a percentage of the amount which

 

would be payable apart from the scheme,

 

(b)    

a discount of an amount set out in the scheme or to be

 

calculated in accordance with the scheme,

 

(c)    

expressed as an amount of council tax to be paid (lower

 

than the amount which would be payable apart from the

 

scheme) which is set out in the scheme or is to be calculated

 

in accordance with it, or

 

(d)    

the whole amount of council tax (so that the amount

 

payable is nil).

 

Other matters

 

5    (1)  

The regulations may require each scheme to state—

 

(a)    

the procedure by which a person may apply for a reduction

 

under the scheme;

 

(b)    

the procedure by which a person can make an appeal under

 

section 16 against any decision which affects the person’s

 

entitlement to a reduction under the scheme or the amount

 

of any reduction to which the person is entitled;

 

(c)    

the procedure by which a person can apply to the relevant

 

billing authority for a reduction under section 13A(1)(b).

 

      (2)  

In sub-paragraph (1)(c), the relevant billing authority for any

 

dwelling to which the scheme applies is the billing authority in

 

whose area the dwelling is situated.

 

      (3)  

The regulations may prescribe requirements which must be met by

 

the procedure mentioned in sub-paragraph (1)(a) or (b).

 

6    (1)  

The regulations may—

 

(a)    

require other matters to be included in schemes;

 

(b)    

allow schemes to make provision that is equivalent to

 

provision made by a relevant enactment, or provision that

 

is capable of being made under a relevant enactment, with

 

such modifications as specified authorities think fit;

 

(c)    

prescribe the procedure which a specified authority must

 

follow when making a scheme (including requirements

 

regarding consultation and other steps to be taken before

 

and after making the scheme);

 

(d)    

require or allow functions conferred by the regulations to

 

be exercised by specified authorities jointly with other

 

authorities;

 

(e)    

prescribe a default scheme which is to take effect, if a

 

specified authority fails to make a scheme in accordance

 

with the regulations, in respect of dwellings to which that

 

scheme would have applied;


 
 

Notices of Amendments: 16 May 2012                     

21

 

Local Government Finance Bill, continued

 
 

(f)    

impose requirements on specified authorities relating to the

 

review, revision or replacement of schemes;

 

(g)    

enable specified authorities to make reasonable charges for

 

the supply of copies of documents relating to schemes;

 

(h)    

require specified authorities to provide to the Welsh

 

Ministers information about schemes.

 

      (2)  

In particular, the regulations may under sub-paragraph (1)(a) set out

 

provision to be included in schemes, and a default scheme

 

prescribed under sub-paragraph (1)(d) may make provision, that is

 

equivalent to—

 

(a)    

provision made by a relevant enactment, or

 

(b)    

provision that is capable of being made under a relevant

 

enactment,

 

            

with such modifications as the Welsh Ministers think fit.

 

      (3)  

For the purposes of sub-paragraphs (1)(b) and (2), each of the

 

following enactments as it had effect on the day on which the Local

 

Government Finance Act 2012 was passed is a “relevant

 

enactment”—

 

(a)    

sections 131 to 133 of the Social Security Contributions

 

and Benefits Act 1992 (council tax benefit);

 

(b)    

sections 134 to 137 of that Act (general provisions about

 

income-related benefits) so far as applying in relation to

 

council tax benefit;

 

(c)    

section 1 of the Social Security Administration Act 1992

 

(entitlement to benefit dependent on claim) so far as

 

applying in relation to council tax benefit;

 

(d)    

section 6 of that Act (regulations about council tax benefit

 

administration).

 

Transitional provision

 

7    (1)  

The regulations may make such transitional provision regarding the

 

commencement of schemes as the Welsh Ministers think fit.

 

      (2)  

Such provision may include, in particular, provision for and in

 

connection with treating a person who is or was in receipt of council

 

tax benefit, or who makes or has made a claim for that benefit, as

 

having made an application for a reduction under a scheme.

 

Guidance

 

8          

In exercising any function relating to schemes, a specified authority

 

must have regard to any guidance issued by the Welsh Ministers.”’.

 

Secretary Eric Pickles

 

57

 

Page  52,  line  7  [Schedule  4],  after ‘scheme’ insert ‘under section 13A(2)’.

 

Secretary Eric Pickles

 

58

 

Page  52,  line  11  [Schedule  4],  leave out ‘a billing authority’.


 
 

Notices of Amendments: 16 May 2012                     

22

 

Local Government Finance Bill, continued

 
 

Secretary Eric Pickles

 

59

 

Page  52,  line  12  [Schedule  4],  at beginning insert ‘a billing authority in England or

 

a specified authority (within the meaning of Schedule 1B) in Wales’.

 

Secretary Eric Pickles

 

60

 

Page  52,  line  13  [Schedule  4],  at beginning insert ‘a billing authority’.

 


 
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