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.

[^f00061]: 2003 c.1; subsection (2) was inserted by section 19 of the Finance Act 2005 (c.7).

[^f00062]: 1991 c.56.

[^f00063]: 2002 asp 3; section 29 was substituted, and sections 29A-29G were inserted, by section 21 of the Water Services etc (Scotland) Act 2005 (asp 3).

[^f00064]: 2002 c.21.

[^f00065]: Section 142 was amended by section 1 of the Child Benefit Act 2005 (c.6).

[^f00066]: 1995 c.18. Section 19 (together with sections 19A to 19C), has been substituted by section 46 of the Welfare Reform Act 2012 (c.5); section 17A has been repealed by Part 4 of Schedule 14 to the Welfare Reform Act 2012 although that provision is not yet in force. In the meantime amendments have been made to section 17A by sections 48 and 59 of, and Schedules 7 and 14 to, that Act.

[^f00067]: 2001 c.11.Section 6B was amended by sections 9, 24 and 58 of, and paragraphs 9 and 10 of Schedule 2 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (c.24), sections 31, 33, 113, 118, 119, 121 and 147 of, paragraphs 56 and 58 of Schedule 2, paragraphs 15 and 16 of Schedule 3, Parts 1 and 12 of Schedule 14, to the Welfare Reform Act 2012 (c.5), of which only those made by section 113(1)(b), 118(1) to (4) and 119 are in force. Section 7 was amended by section 14 of, and Part 3 of Schedule 3 to, the State Pension Credit Act 2002 (c.16), sections 28 and 49 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007 (c.5), sections 9, 24 and 58 of, and paragraphs 9 and 11 of Schedule 2, Part 1 of Schedule 4 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (of which those made by sections 9, 31 and Schedule 7 are not yet in force); S.I. 2011/2298; sections 31, 33, 118 119 and 147 of, and paragraphs 56 and 59 of Schedule 2, paragraphs 15 to 17 of Schedule 3 and Part 1 of Schedule 14 to, Welfare Reform Act 2012, of which only those made by section 118 and 119 are in force. Section 8 has been repealed by section 147 of, and Part 1 of Schedule 14, to the Welfare Reform Act 2012, but that repeal is not yet in force. Amendments have also been made by sections 1, 24 and 58 of, and Part 1 of Schedule 4 and Part 3 of Schedule 7 to, the Welfare Reform Act 2009, sections 31, 48, 113 and 147 of, and paragraphs 56 and 60 of Schedule 2, paragraph 12 of Schedule 7 and Part 12 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force. Section 9 was amended by section 14 of, and Part 3 of Schedule 2 to, the State Pension Credit Act 2002; section 28 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007, sections 9, 24 and 58 of, and Part 1 of Schedule 7 to the Welfare Reform Act 2009, none of which are in force, sections 31, 113 and 147 of, and paragraphs 56 to 61 of Schedule 2 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force.

[^f00068]: 2007 c.5.

[^f00069]: S.I. 2002/1792.

[^f00070]: See paragraphs 13 and 14 of this scheme.

[^f00071]: See paragraphs 15 and 16 of this scheme.

[^f00072]: Section 145A inserted by the Tax Credits Act 2002 (c.21), section 55(1).

[^f00073]: 2000 c.35.

[^f00074]: 1989 c.41; Section 23 was substituted by sections 22A to 22F by section 8(1) of the Children and Young Persons Act 2008 (c.23). Section 22C is in force in England but only section 22C(11) is in force in Wales. Section 59(1)(a) was amended by section 49 of the Children Act 2004 (c.31) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008.

[^f00075]: 2002 c.38.

[^f00076]: S.I. 2009/154.

[^f00077]: S.I. 1987/2203 (N.I. 22).

[^f00078]: 1955 c.18.

[^f00079]: 1955 c.19.

[^f00080]: 1957 c.53.

[^f00081]: 1958 c.40.

[^f00082]: 1968 c.49.

[^f00083]: 1969 c.46.

[^f00084]: 1969 c.54.

[^f00085]: 1973 c.18.

[^f00086]: 1975 c.72; this Act was repealed in respect of England and Wales by Schedule 15 to the Children Act 1989 (c.41). It continues to have effect in Scotland.

[^f00087]: 1978 c.22

[^f00088]: 2007 asp 4.

[^f00089]: 1986 c.55.

[^f00090]: 1989 c.41.

[^f00091]: 1995 c.36.

[^f00092]: 2006 c.52.

[^f00093]: 2012 c.10.

[^f00094]: 1992 c.14; subsections (2) and (8) of section 6 were amended by article 2 of, and paragraph 8 of the Schedule to, S.I. 1997/74.

[^f00095]: 2007 c.21.

[^f00096]: 1983 c.20.

[^f00097]: 2003 asp 13.

[^f00098]: 1995 c.46.

[^f00099]: S.I. 1986/595 (N.I. 4).

[^f00100]: 1952 c.52.

[^f00101]: 1989 c.45.

[^f00102]: OJ No. L 158, 30.4.04, p.77.

[^f00103]: A consolidated version of this Treaty was published in the Official Journal on 30.3.2010 C 83.

[^f00105]: 1999 c.33.

[^f00106]: Relevant amendments to section 94(1) have been made by section 44 of the Nationality, Immigration and Asylum Act 2002 (c.41) but those provisions are not in force. Other amendments have been made but they are not relevant to these Regulations.

[^f00108]: See Part 9, Chapters 1 to 7, of this scheme in relation to the capital of an applicant and the calculation of tariff income from capital.

[^f00109]: Including pensioners in polygamous marriages, by virtue of paragraph 5 of this scheme.

[^f00110]: S.I. 2005/3360.

[^f00111]: S.I. 2008/794.

[^f00112]: S.I. 2005/3360.

[^f00113]: 2012 c.5.

[^f00114]: 2012 c.5.

[^f00115]: 1973 c.50; section 2 was substituted by section 25 of the Employment Act 1988 (c.19) and subsequently amended by section 29 of , and Part 1 of Schedule 7 to, the Employment Act 1989 (c.38) and, in relation to Scotland only, section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19).

[^f00116]: 1990 c.35; section 2 was amended by section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19); article 4 of, and paragraph 100 of Schedule 2 to, S.I. 1999/1820; and paragraph 20 of Schedule 26 to the Equality Act 2010 (c.15).

[^f00117]: See paragraph 21 for the capital limit for eligibility of £16,000.

[^f00118]: Section 13A was substituted by section 10 of the Local Government Finance Act 2012 (c.17).

[^f00119]: 2002 c.16.

[^f00120]: See paragraph 21 for the capital limit for eligibility of £16,000.

[^f00121]: S.I. 2011/517.

[^f00122]: Part 12ZA was inserted by section 2 and Part 12ZB was inserted by section 4 of the Employment Act 2002 (c.22).

[^f00123]: S.I. 2006/606.

[^f00124]: 1979 c.41.

[^f00125]: The Public Lending Scheme is appended to S.I. 1982/719; it was substituted by Appendix 2 to S.I. 1990/2360. Amendments have since been made to it but they are not relevant to these Regulations.

[^f00126]: 1837 c.2.

[^f00127]: 1937 c.32.

[^f00128]: 1952 c.37.

[^f00129]: 1972 c.7.

[^f00130]: 1975 c.82.

[^f00131]: S.I. 1979/597.

[^f00132]: S.I. 2005/3360.

[^f00133]: 1992 c.4. Section 30DD was inserted by section 63 of the Welfare Reform and Pensions Act 1999 (c.30). Section 30E was inserted by section 3 of the Social Security (Incapacity for Work) Act 1994 (c.18). Both sections are repealed by the Welfare Reform Act 2007 (c.3), Schedule 8 (not yet in force).

[^f00134]: S.I. 2001/1004.

[^f00135]: 1996 c.17.

[^f00137]: 1989 c.41; section 23 was substituted by sections 22A to 22F by section 8(1) of the Children and Young Persons Act 2008 (c.23). Section 22C is in force in England but only section 22C(11) is in force in Wales.

[^f00138]: 1995 c.36; section 26 was amended by paragraph 1 of Schedule 3 to the Adoption and Children (Scotland) Act 2007 (asp 4).

[^f00139]: S.I. 2009/210.

[^f00140]: 1948 c.29;.section 26(3A) was inserted by section 42(4) of the National Health Service and Community Care Act 1990 (c.19).

[^f00141]: 2006 c.41. The Commissioning Board is established under section 1H of that Act (inserted by section 9 of the Health and Social Care Act 2012 (c.7)); section 14D was inserted by section 25 of the 2012 Act.

[^f00142]: 2006 c.42.

[^f00143]: 1965 c.51.

[^f00144]: S.I. 2005/454.

[^f00145]: 1980 c.46.

[^f00146]: Powers in section 14A of the 1992 Act may be used to confer power to require employers to provide information for these purposes.

[^f00147]: 1996 c.18.

[^f00148]: S.I. 2001/1004.

[^f00150]: S.I. 2008/794.

[^f00151]: 2002 c.21.

[^f00152]: 1999 c.33.

[^f00153]: 1994 c.21.

[^f00154]: S.I. 1996/207.

[^f00155]: 1980 c.46.

[^f00156]: S.I. 1987/1967.

[^f00157]: S.I. 1975/556.

[^f00158]: S.I. 1999/3110.

[^f00159]: 2010 nawm 1.

[^f00160]: S.I. 2010/2839 (W.233).

[^f00161]: 2010 asp 8.

[^f00162]: 2006 c.21.

[^f00163]: S.I. 2011/581.

[^f00165]: S.S.I. 2009/210.

[^f00167]: 2006 c.41; paragraph 9 has been amended by section 17(10) of the Health and Social Care Act 2012 (c.7) (to replace references to the Secretary of State with references to clinical commissioning groups), but those provisions are not yet fully in force.

[^f00168]: S.I. 1987/1967; Schedule 1B was inserted by S.I. 1996/206.

[^f00169]: S.I. 1975/529.

[^f00171]: The capital limit is £16,000, see paragraph 21.

[^f00172]: S.I. 2002/1792.

[^f00173]: S.I. 2006/214.

[^f00174]: S.I. 1996/207.

[^f00175]: S.I. 2008/794.

[^f00176]: S.I. 2006/213.

[^f00177]: S.I. 1996/207.

[^f00178]: S.I. 2008/794.

[^f00179]: Income from capital is taken into account in calculating the income of an applicant who is a pensioner, see paragraph 36(1)(i).

[^f00180]: Income from capital is taken into account in calculating the income of an applicant who is not a pensioner, see paragraph 54(1)(b)(ii).

[^f00181]: 1992 c.13.

[^f00182]: 1980 c.20.

[^f00183]: S.I. 1993/2810.

[^f00184]: S.I. 1997/1772.

[^f00185]: 2002 c.32.

[^f00186]: 2009 c.22.

[^f00187]: 1992 c.37.

[^f00188]: 1996 c.56.

[^f00189]: 1973 c.65.

[^f00190]: S.I. 1986/594 (N.I. 3).

[^f00191]: 1965 c.4.

[^f00192]: S.I. 1996/207.

[^f00193]: S.I. 2011/1986.

[^f00194]: S.I. 2012/3097 (W. 313).

[^f00195]: S.S.I. 2007/154.

[^f00196]: S.R. 2009/373.

[^f00197]: S.I. 2003/1994; relevant amending instrument is S.I. 2008/1477.

[^f00198]: 1998 c.30.

[^f00199]: S.I. 1998/760 (N.I. 14).

[^f00200]: S.S.I. 2007/153.

[^f00201]: See paragraph 3(2)(a) of this scheme.

[^f00202]: S.I. 2008/794.

[^f00203]: 1989 c.41.

[^f00204]: 1968 c.49.

[^f00205]: S.S.I. 2007/149.

[^f00206]: 1962 c.12.

[^f00207]: S.I. 2005/52.

[^f00208]: S.I. 2000/213.

[^f00209]: S.R. 2003/459.

[^f00210]: 1988 c.40.

[^f00211]: 1968 c.46.

[^f00212]: See also paragraph 103 in relation to persons moving into the area of the authority from another authority’s area.

[^f00213]: 2000 asp 4.

[^f00214]: 1971 c.27.

[^f00215]: 1985 c.29.

[^f00216]: 2005 c.9.

[^f00217]: S.I. 1987/1968.

[^f00218]: S.I. 1987/1968.

[^f00219]: 1999 c.33.

[^f00222]: S.I. 1979/597.

[^f00223]: 1973 c.50.

[^f00224]: 1990 c.35.

[^f00227]: 2001 c.11.

[^f00229]: S.I. 2006/216.

[^f00230]: S.I. 2006/213.

[^f00231]: S.I. 1979/597.

[^f00232]: 1973 c.50.

[^f00233]: 1990 c.35.

[^f00234]: S.I. 2002/2005.

[^f00235]: 2006 c.41.

[^f00236]: 1978 c.29.

[^f00237]: 2006 c.42.

[^f00238]: Sub-paragraph (3) was amended by section 17 of the Health and Social Care Act 2012 (c.7).

[^f00241]: S.I. 1995/311.

[^f00242]: 2001 c.11.

[^f00243]: 2007 c.5.

[^f00244]: S.I. 2008/794.

[^f00245]: S.I. 2010/1907.

[^f00247]: 2004 c.21.

[^f00248]: Section 1A of the Fire (Scotland) Act 2005 (asp 5) refers. Section 1A was inserted by section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)..

[^f00249]: S.I. 2001/1004.

[^f00250]: S.I. 2006/606.

[^f00251]: S.I. 1983/686.

[^f00252]: S.I. 2002/2005.

[^f00255]: S.I, 2008/794.

[^f00256]: S.I. 1975/556.

[^f00257]: S.I. 1995/41.

[^f00258]: S.I. 2002/2005.

[^f00260]: S.I. 2011/517.

[^f00261]: S.I. 2006/606.

[^f00262]: S.I. 1983/686.

[^f00263]: 1988 c.1.

[^f00264]: S.I. 2002/1492.

[^f00265]: 1998 c.30.

[^f00266]: 1980 c.37.

[^f00267]: S.I. 1999/2734.

[^f00269]: 1996 c.18.

[^f00270]: 2004 c.21.

[^f00271]: Section 1A of the Fire (Scotland) Act 2005 (asp 5) refers. Section 1A was inserted by section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

[^f00272]: S.I. 2001/1004.

[^f00273]: S.I. 2008/794.

[^f00274]: S.I. 1995/311.

[^f00275]: S.I. 2002/2005.

[^f00277]: S.I. 1999/2734.

[^f00278]: S.I. 2006/206.

[^f00279]: S.I. 1983/686.

[^f00280]: 1996 c.56.

[^f00281]: 1980 c.44.

[^f00282]: 1992 c.37.

[^f00283]: 2002 c.32.

[^f00284]: S.I. 2003/1917.

[^f00285]: 1973 c.50.

[^f00286]: 1990 c.35.

[^f00287]: S.I. 2011/517.

[^f00288]: 1988 c.30.

[^f00289]: 1980 c.44.

[^f00290]: 1999 c.33.

[^f00291]: 2002 c.38.

[^f00292]: 2007 asp 4.

[^f00293]: 1989 c.41.

[^f00294]: 1975 c.72.

[^f00295]: S.I. 1995/755.

[^f00296]: 1995 c.36.

[^f00297]: S.I. 2009/210.

[^f00298]: 1948 c.29.

[^f00299]: 1977 c.49.

[^f00300]: 2006 c.41.

[^f00301]: 2006 c.42.

[^f00302]: 1974 c.39.

[^f00303]: 1964 c.53.

[^f00304]: S.I. 2003/2382.

[^f00305]: S.I. 2007/1104 (W.116).

[^f00306]: S.I. 2003/460.

[^f00307]: 1988 c.7.

[^f00308]: 1991 c.48.

[^f00309]: S.I. 1991/2628.

[^f00310]: S.I. 1987/1967.

[^f00311]: 1944 c.10.

[^f00312]: S.I. 2006/606.

[^f00313]: S.I. 1983/686.

[^f00316]: S.I. 2001/1167.

[^f00318]: S.I. 1998/3132.

[^f00319]: 2000 c.22.

[^f00320]: 2001 asp 10.

[^f00321]: S.I. 2001/1167.

[^f00322]: S.I. 1987/1967.

[^f00323]: S.I. 1996/207.

[^f00324]: S.I. 2006/215.

[^f00325]: S.I. 2002/1792.

[^f00326]: S.I. 2008/794.

[^f00327]: S.I. 2001/1002.

[^f00328]: S.I. 2005/454.

[^f00329]: 2001 c.15.

[^f00331]: S.I. 1972/1265 (N.I. 14).

[^f00332]: 2002 c.6.

[^f00333]: 2011 c.25.

[^f00336]: S.I. 2001/1002.

[^f00337]: 1985 c.69.

[^f00341]: 1988 c.1.

[^f00342]: 1973 c.50.

[^f00343]: 1990 c.35.

[^f00344]: 1988 c.50.

[^f00345]: 1988 c.43.

[^f00346]: S.I. 2003/2382.

[^f00347]: S.I. 2007/1104 (W.116).

[^f00348]: S.I. 2003/460.

[^f00349]: 1988 c.7.

[^f00350]: 1944 c.10.

[^f00352]: S.I. 1998/3132.

[^f00353]: S.I. 1993/1956.

[^f00354]: 1996 c.56

[^f00355]: 1980 c.44.

[^f00356]: 1992 c.37.

[^f00357]: 2002 c.32.

[^f00361]: 2002 c.38.

PART 1 — Introduction

Title

1

The title of this scheme is the Council Tax Reduction Schemes (Default Scheme) (Wales).

PART 2 — Interpretation

Interpretation

2

• (1) In this scheme—

• “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[^f00003];

• “AFIP” (“TALIA”) 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[^f00004];

• “applicable amount” (“swm cymwysadwy”) means—in relation to a pensioner, the amount calculated in accordance with paragraph 23 and Schedule 2; andin relation to a person who is not a pensioner, the amount calculated in accordance with—paragraph 24 and Schedule 3; orparagraph 26,as the case may be;

• “applicant” (“ceisydd”) means a person applying for a reduction under this scheme;

• “application” (“cais”) means an application for a reduction under this scheme;

• “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 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—in relation to pensioners—in relation to the earnings of a self-employed earner, the period determined in accordance with paragraph 40 of this scheme for the purpose of calculating the weekly earnings of the applicant; orin relation to any other income, the period determined in accordance with paragraph 37 of this scheme 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 44 to 46 of this scheme over which income falls to be calculated;

• “attendance allowance” (“lwfans gweini”) means—an attendance allowance under Part 3 of the SSCBA[^f00005];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[^f00006] 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 this scheme has effect;

• “basic rate” (“cyfradd sylfaenol”) has the meaning given by the Income Tax Act 2007[^f00007];

• “the benefit Acts” (“y Deddfau budd-dal”) means the SSCBA, the Jobseekers Act 1995[^f00008], the State Pension Credit Act 2002[^f00009] , the Welfare Reform Act 2007[^f00010] 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[^f00014];

• “child tax credit” (“credyd treth plant”) means a child tax credit under section 8 of the Tax Credits Act 2002[^f00015];

• “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[^f00016] are charged;

• “contributory employment and support allowance” (“lwfanscyflogaeth a chymorthcyfrannol”) means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3 and Part 1 of Schedule 14, to the Welfare Reform Act 2012 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 paragraph 4 of this scheme;

• “designated office” (“swyddfa ddynodedig”) means the office of the 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 anabl”) means a disability living allowance under section 71 of the SSCBA[^f00018];

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

• “earnings” (“enillion”) has the meaning given by paragraph 38, 40, 41, 48 or 50 of this scheme 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[^f00019];

• “employed earner” (“enillydd cyflogedig”) is to be construed in accordance with section 2(1)(a) of the SSCBA[^f00020] 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[^f00021] 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[^f00022] 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 this scheme for which a person is eligible under Part 11 of this scheme;

• “extended reduction period” (“cyfnod gostyngiad estynedig”) means the period for which a person is in receipt of an extended reduction in accordance with paragraph 87, 94 or 99 of this scheme;

• “extended reduction (qualifying contributory benefits)” (“gostyngedig estynedig (budd-daliadau cyfrannol cymwys)”)means a reduction under this scheme for which a person is eligible pursuant to paragraph 86 or 98 of this scheme;

• “family” (“teulu”) has the meaning given by paragraph 6 of this scheme;

• “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[^f00023];

• “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[^f00024];

• “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[^f00025];

• “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[^f00026] 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[^f00027]; and in Scotland means an independent hospital or a private psychiatric hospital as defined by section 10F(2) of the National Health Service (Scotland) Act 1978[^f00014];

• “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 3, 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” (“cyfnod mamolaeth”) 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[^f00030];

• “maximum council tax reduction amount” (“uchafswm gostyngiad treth gyngor”) means the amount determined in accordance with paragraph 27 of this scheme;

• “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 4 to this scheme refers;in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 7 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 the authority to a dwelling in the area of a second authority;

• “neonatal care leave” (“absenoldeb gofal newydd-anedig”) means leave under section 80EF of the Employment Rights Act 1996;

• “net earnings” (“enillion net”) means such earnings as are calculated in accordance with paragraph 39 or 49 of this scheme, as the case may be;

• “net profit” (“elw net”) means such profit as is calculated in accordance with paragraph 58 of this scheme;

• “new dwelling” (“annedd newydd”) means, for the purposes of the definition of “second authority” and paragraphs 89, 96 and 101 of this scheme, the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident;

• “non-dependant” (“annibynnydd”) has the meaning given by paragraph 9 of this scheme;

• “occasional assistance” (“cymorth achlysurol”) means any payment or provision made by a local authority, the Welsh Ministers or the Scottish Ministers for the purposes of—meeting, or helping to meet an immediate short-term need—arising out of an exceptional event or exceptional circumstance, orthat needs to be met to avoid a risk to the well-being of an individual, andenabling qualifying individuals to establish or maintain a settled home, and—“local authority” (“awdurdod lleol”) has the meaning given by section 270(1) of the Local Government Act 1972[^f00031]; and“qualifying individuals” (“unigolion cymwys”) means individuals who have been, or without the assistance might otherwise be—in prison, hospital, an establishment providing residential care or other institution, orhomeless or otherwise living an unsettled way of life;

• “occupational pension” (“pensiwn galwedigaethol”) means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

• “occupational pension scheme” (“cynllun pensiwn galwedigaethol”) has the same meaning as in section 1 of the Pension Schemes Act 1993[^f00032];

• “ordinary clothing and footwear” (“dillad ac esgidiau cyffredin”) means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

• “parental bereavement leave” (“absenoldeb profedigaeth rhiant”) means leave under section 80EA of the Employment Rights Act 1996;

• “partner” (“partner”), in relation to a person, means—where that person is a member of a couple, the other member of that couple;subject to paragraph (c), where that person is polygamously married to two or more members of that person’s household, any such member to whom that person is married; orwhere that person is polygamously married and has an award of universal credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage;

• “paternity leave” (“absenoldeb tadolaeth”) means a period of absence from work on ... leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act[^f00033];

• “pension fund holder” (“deiliad cronfa bensiwn”) means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;

• “pensionable age” (“oedran pensiynadwy”) has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995[^f00034];

• “pensioner” (“pensiynwr”) has the meaning given by paragraph 3(2)(a) of this scheme;

• “person on income support” (“person ar gymhorthdal incwm”) means a person in receipt of income support;

• “person who is not a pensioner” (“person nad yw’n bensiynwr”) has the meaning given by paragraph 3(2)(b) of this scheme;

• “persons treated as not being in Great Britain” (“personal a drinnir fel pe na baent ym Mhrydain Fawr”) has the meaning given by paragraph 19 of this scheme;

• “personal independence payment” (“taliad annibyniaeth bersonol”) has the meaning given by Part 4 of the Welfare Reform Act 2012[^f00035];

• “personal pension scheme” (“cynllun pensiwn personol”) means—a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993[^f00036];an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988[^f00037] or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1 of Schedule 36 to the Finance Act 2004[^f00038];a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1 of Schedule 36 to the Finance Act 2004;

• “policy of life insurance” (“polisi yswiriant bywyd”) means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

• “polygamous marriage” (“priodas amlbriod”) means any marriage to which paragraph 5 of this scheme applies;

• “the Post Office” (“Swyddfa’r Post”) means Post Office Limited (registered number 02154540);

• “Post Office compensation payment” (“taliad digollediad Swyddfa’r Post”) means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—in connection with the failings of the Horizon system, orotherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”);

• “public authority” (“awdurdod cyhoeddus”) includes any person whose functions are of a public nature;

• “qualifying age for state pension credit” (“oedran cymhwyso ar gyfer credyd pensiwn y wladwriaeth”) means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002[^f00039])—in the case of a woman, pensionable age; orin the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

• “qualifying contributory benefit” (“budd-dal cyfrannol cymwys”) means—severe disablement allowance;incapacity benefit;contributory employment and support allowance;

• “qualifying income-related benefit” (“budd-dal cymwys ar sail incwm”) means—income support;income-based jobseeker’s allowance;income-related employment and support allowance;

• “qualifying person” (“person cymwys”) means a person who is in receipt of a Post Office compensation payment , a vaccine damage payment, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, or a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation , an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund the Victims of Overseas Terrorism Compensation Scheme, , the Windrush Compensation Scheme or the London Bombings Relief Charitable Fund;

• “reduction week” (“wythnos ostyngiad”) means a period of seven consecutive days beginning with a Monday and ending with a Sunday;

• “relative” (“perthynas”)_ means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

• “relevant week” (“wythnos berthnasol”), in relation to any particular day, means the week within which the day in question falls;

• “remunerative work” (“gwaith am dâl”) has the meaning given by paragraph 10 of this scheme;

• “rent” (“rhent”) means “eligible rent” to which regulation 12B of the Housing Benefit (Persons who have acquired the qualifying age for state pension credit) Regulations 2006[^f00040] refers, less any deductions in respect of non-dependants which fall to be made under paragraph 28 (non-dependant deductions) of this scheme;

• “resident” (“preswylydd”) has the meaning given by Part 1 of the 1992 Act;

• “savings credit” (“credyd cynilion”) is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002[^f00041];

• “the Scottish Infected Blood Support Scheme” (“Cynllun Cymorth Gwaed Heintiedig yr Alban”) means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);

• “second authority” (“ail awdurdod”) means the authority to which a mover is liable to make payments for the new dwelling;

• “self-employed earner” (“enillydd hunangyflogaeth”) is to be construed in accordance with section 2(1)(b) of the SSCBA;

• “self-employment route” (“llwybr hunangyflogaeth”) means assistance in pursuing self-employed earner’s employment whilst participating in—an employment zone programme;a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973[^f00042] (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990[^f00043] (functions in relation to training for employment, etc); orthe Employment, Skills and Enterprise Scheme;

• “service user group” (“grŵp defnyddwyr gwasanaeth”) means a group of individuals that is consulted by or on behalf of—a Health Board, Special Health Board or the Common Services Agency for Scottish Health in consequence of a function under section 2B of the National Health Service (Scotland) Act 1978[^f00044];a landlord authority[^f00045] in consequence of a function under section 105 of the Housing Act 1985[^f00046];a public authority in Northern Ireland in consequence of a function under section 49A of the Disability Discrimination Act 1995[^f00047]:a public authority in consequence of a function under section 149 of the Equality Act 2010 (public authority general duty)[^f00048];a best value authority in consequence of a function under section 3 of the Local Government Act 1999[^f00049];a Welsh improvement authority in consequence of a function under section 5 of the Local Government (Wales) Measure 2009[^f00050];a local authority landlord or registered social landlord in consequence of a function under section 53 of the Housing (Scotland) Act 2001[^f00051];a relevant English body or a relevant Welsh body in consequence of a function under section 242 of the National Health Service Act 2006[^f00052];a Local Health Board in consequence of a function under section 183 of the National Health Service (Wales) Act 2006[^f00053];the Care Quality Commission in exercise of a function under sections 4 or 5 of the Health and Social Care Act 2008[^f00054];the regulator or a private registered provider of social housing in consequence of a function under sections 98, 193 or 196 of the Housing and Regeneration Act 2008[^f00055]; ora public or local authority in Great Britain in consequence of a function conferred under any other enactment,for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;

• “shared parental leave” (“absenoldebrhiant a rennir”) means leave by virtue of section 75E or 75G of the Employment Rights Act 1996;

• “single applicant” (“ceisydd sengl”) means an applicant who neither has a partner nor is a lone parent;

• “the Skipton Fund” (”Cronfa Skipton”) means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25 March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

• “sports award” (“dyfarniad chwaraeon”) means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc Act 1993[^f00056] out of sums allocated to it for distribution under that section;

• “the SSCBA” (“DCBNC”) means the Social Security Contributions and Benefits Act 1992[^f00057];

• “state pension credit” (“credyd pensiwn y wladwriaeth”) means state pension credit under the State Pension Credit Act 2002[^f00058];

• “statutory neonatal care pay” (“tâl gofal newydd-anedig statudol”) means statutory neonatal care pay under section 171ZZ16 of the SSCBA;

• “student” (“myfyriwr”) has the meaning given by paragraph 70 of this scheme;

• “subsistence allowance” (“lwfans cynhaliaeth”) means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;

• “tax year” (“blwyddyn dreth”) means a period beginning with 6 April in one year and ending with 5 April in the next;

• “training allowance” (“lwfans hyfforddi”) means an allowance (whether by way of periodical grants or otherwise) payable—out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise... or the Welsh Ministers;to a person for that person’s maintenance or in respect of a member of that person’s family; andfor the period, or part of the period, during which that person is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to that person or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers,but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that that person is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973[^f00059] or is training as a teacher;

• “the Trusts” (“yr Ymddiriedolaethau”) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarlane (Special Payments) (No 2) Trust;

• “universal credit” (“credyd cynhwysol”) has the meaning given by section 1 of the Welfare Reform Act 2012[^f00060];

• “vaccine damage payment” (“taliad niwed drwy frechiad”) means a payment made under the Vaccine Damage Payments Act 1979;

• “the Victims of Overseas Terrorism Compensation Scheme” (“y Cynllun Digolledu Dioddefwyr Terfysgaeth Dramor”) means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• “voluntary organisation” (“sefydliad gwirfoddol”) means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

• “war disablement pension” (“pensiwn anabledd rhyfel”) means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003[^f00061];

• “war pension” (“pensiwn rhyfel”) means a war disablement pension, a war widow’s pension or a war widower’s pension;

• “war widow’s pension” (“pensiwn rhyfel gwraig weddw”) means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

• “war widower’s pension” (“pensiwn rhyfel gŵr gweddw”) means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

• “water charges” (“taliadau dŵr”) means—as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991[^f00062];as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002[^f00063],in so far as such charges are in respect of the dwelling which a person occupies as that person’s home;

• “the We Love Manchester Emergency Fund” (“Cronfa Argyfwng We Love Manchester”) means the registered charity of that name (number 1173260) established on 30 May 2017;

• “the Windrush Compensation Scheme” (“Cynllun Digolledu Windrush”) means—the scheme of that name operated by the Secretary of State for the purpose of compensating individuals who have suffered loss in connection with being unable to demonstrate their lawful status in the United Kingdom; andthe policy entitled “Windrush Scheme: Support in urgent and exceptional circumstances” which was operated by the Secretary of State for the purpose of compensating individuals who, for urgent and exceptional reasons, required support in advance of the scheme referred to in paragraph (a) of this definition becoming operational;

• “working tax credit” (“credyd treth gwaith”) means a working tax credit under section 10 of the Tax Credits Act 2002[^f00064];

• “young person” (“person ifanc”) means a person who falls within the definition of qualifying young person in section 142 of the SSCBA[^f00065].

• (2) In this scheme, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny.

• (3) For the purpose of this scheme, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to that person and on any day—

• (a) in respect of which that person satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid because of a reduction in accordance with section 19 or 19A or regulations made under section 17A or 19B of the Jobseekers Act 1995[^f00066] (circumstances in which a jobseeker’s allowance is not payable);

• (b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to that person or would be payable to that person but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or

• (c) in respect of which an income-based jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001[^f00067] (loss of benefit provisions).

• (4) For the purposes of this scheme, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to that person and on any day—

• (a) in respect of which that person satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act 2007[^f00068] (disqualification); or

• (b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act (employment and support allowance: supplementary provisions) and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to that person or would be payable to that person but for section 18 of that Act.

• (5) For the purposes of this scheme, two persons must be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.