Reply To: Council Tax Reduction Schemes Amendment Regs 2017
Apologies – I'd assumed they got the WRAC removal right first time so I thought you were quoting from 2017/204 – they didn't – hence the further amendment in 2017/1305.
PR regs Schedule 1 Para 25(10)(c) looking like :-
After 2014/3312:-
25(10)(c) the applicant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations 2008 or the Employment and Support Allowance Regulations 2013;
After 2017/204:-
25(10)(c) the applicant’s applicable amount would include the support component on account of the other member having limited capability for work or the other member of the couple would be a member of the work-related activity group but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations 2008 or the Employment and Support Allowance Regulations 2013;
[ Amended for WRAC removal but nonsensical which is why they corrected it with… 2017/1305]
After 2017/1305:-
25(10)(c) the other member of the couple would be a member of the support group or a member of the work-related activity group but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations 2008 or the Employment and Support Allowance Regulations 2013;
Since your basing on DS it's presumably para 58(11)(e) that you'd expect to look like this.
It may be easier for working age provisions like this to mirror the working-age HB regs ( since there's always a good, free, consolidation of those at http://www.legislation.gov.uk/uksi/2006/213/contents/made ) where the equivalent provision Reg 28(11)(ba) achieves the same result in different words.
I don't work for an LA and I don't have a scheme to adminster – luckily for me.
I do try to keep an eye on all 326 local schemes, though, and that is another tricky task.