Terms & Conditions

[akingston]

Hi,

 

I've started a new thread as my query is slightly different to the previous one.

 

On Page 5 of the PDF, after Table 2, the carer premium, disabled child premium and severe disability premiums have all been uprated in line with the upratings for Housing Benefit, however, there is no mention of the Disability premiums or Enhanced disability premiums.

 

Is this correct or have I missed them somewhere? 

 

Thank you 

[Jon__Blackwell]

I thinks this one gets asked every year. (In England) the prescribed requirements regs specify figures for pension-age CTR only (so there is no DP or EDP.)

It's up to you to do your own uprating for working-age CTR,

Most LAs  do this for working-age CTR uprating…

(1) Align  allowances and premiums with working-age HB.

and

(2) Align non-dep bands and deductions with pension-age CTR ( as per the PR regs.)

 

 

[akingston]

Ah thank you, yes it's obvious now!

[andwhel23]

Does anyone know if the prescribed scheme regs (England) for April 2018  are yet available? If so, where can I find them?

I can only find the Welsh Regulations currently.

[Jon__Blackwell]

[quote=andwhel23]Does anyone know if the prescribed scheme regs (England) for April 2018  are yet available? If so, where can I find them? I can only find the Welsh Regulations currently.[/quote]

This year's PR regs annual uprating,etc are included as Part 3 of the The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017

See http://www.legislation.gov.uk/uksi/2017/1305/contents/made

 

[andwhel23]

Many thanks- just couldn't seem to find them for some reason.

[RLTYE]

This is driving me crazy and I hope someone can help!

I'm updating our CTR Scheme from 1/4/18 based on the new SI (our scheme is a heady amalgmation of the default scheme and the prescribed regs).

I am looking to update the Scheme based on 15(c) of SI 1305/2017.

The trouble is that I can't find an "or" to omit in sub-paragraph 29(e) and I have no sub-paragraph 29(f)..

I've checked each of the SIs for an amendment adding in a sub-paragrpah 29(f) to the orignal Prescribed Regs but cannot find it anywhere.

Is there anyone out there who can help me?!

 

[chris harvey]

Mine is also an amalgamation of the prescribed regs and default scheme. I have changes in my scheme from 16/17 that added an "or" to sub para 29e and added a new sub para 29f that reads "(f)as a direct payment under Part 1 of the Care Act 2014 (care and support);"

My scheme for next year removes the "or" from 29e, adds an "or" at the end of 29f and adds the new sub para g.

Hope this helps

[RLTYE]

That is very helpful, thank you Chris!

Can you track which SI amended sub paragraph 29 effective from 16/17? I can't find it and am now suffering from legislation blindness..

[chris harvey]

I've just had a look and can't find the source, I must have got it from somewhere but it wasn't the usual prescribed uprating regs.

[Jon__Blackwell]

I think you're looking for para 36( 8 ) of the schedule to SI 2015/643

http://www.legislation.gov.uk/uksi/2015/643/schedule/paragraph/36/made

I wonder how many LAs are keeping track of all this stuff ( the only google hit I got was a link to Chris Harvey's CTR scheme ! )

 

[guy]

If it is any help I kept a record of the SIs and amendments since the default scheme 2012 was published. I record these at the beginning of the scheme in the section called "Basis for the scheme". It is worth doing as if you miss one, you can reverse back in time. Here are what I believe are the full set for Englsih billing authorities.

The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 (Statutory Instrument 2012 No. 2886) and The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (Statutory Instrument 2012 No. 2885) as amended by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (England) (Amendment) Regulations 2012 (Statutory Instrument 2012 No. 3085) which came into force 10 January 2013 ) and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (Statutory Instrument 2013 No. 3181) which came into force on 13 January 2014 and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (Statutory Instrument 2014 No. 3312) which came into force on 12 January 2015 and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2015 (Statutory Instrument 2015 No. 2041) which came into force on 14 January 2016 and The Council Tax Reduction Schemes (Prescribed Requirements)(England)(Amendment) Regulations 2016 (Statutory Instrument 2016 No. 1262) which came into force on 15 January 2017 and The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (Statutory Instrument 2017 No. 1305) the earliest amendments came into force on 6 December 2017.  

 .

[RLTYE]

Thanks for all your help.

I've updated our Scheme based on all the Prescribed Requirement SIs, but I'm now concerned that there are other gems that I've missed which are hidden in other SIs like this one….

Is there a way to avoid reading every statutory instrument as it's published to make sure I pick up all the amendments?

Becky

[guy]

If you get your hands on the CPAG Housing Benefit and Council Tax Reduction Law latest version that would have all the amendments collated, with the possible exception of the latest one. Alternatively, you could email DCLG. But you local scheme for working age claimants is however it has evolved since 1 April 2013, subject to the full authority annual decisions.

[Jon__Blackwell]

[quote=guy]If it is any help I kept a record of the SIs and amendments since the default scheme 2012 was published. I record these at the beginning of the scheme in the section called "Basis for the scheme". It is worth doing as if you miss one, you can reverse back in time. Here are what I believe are the full set for Englsih billing authorities….The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 (Statutory Instrument 2012 No. 2886) and The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (Statutory Instrument 2012 No. 2885) as amended by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (England) (Amendment) Regulations 2012 (Statutory Instrument 2012 No. 3085) which came into force 10 January 2013 ) and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2013 (Statutory Instrument 2013 No. 3181) which came into force on 13 January 2014 and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2014 (Statutory Instrument 2014 No. 3312) which came into force on 12 January 2015 and The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) (No. 2) Regulations 2015 (Statutory Instrument 2015 No. 2041) which came into force on 14 January 2016 and The Council Tax Reduction Schemes (Prescribed Requirements)(England)(Amendment) Regulations 2016 (Statutory Instrument 2016 No. 1262) which came into force on 15 January 2017 and The Council Tax Reduction Schemes (Amendment) (England) Regulations 2017 (Statutory Instrument 2017 No. 1305) the earliest amendments came into force on 6 December 2017.  [/quote]

I think that list is just the main set of amendment regs for PR England  but there are lots of others that you'd need to keep track of if you want a complete consolidation – some are obvious, others not.

Examples include…

The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014

The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014

The Deregulation Act 2015 (Consequential Amendments) Order 2015

The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (the one Becky was looking for)

The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017

The Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017

 

Like I say, it's an almost impossible task for individual LAs to keep up with this.

 

 

 

 

[Author]

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