Reg 81 of the new Ctax Reduction Regs

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  • #44460
    Karen
    Participant

    hi folks, trying to read these regs and see if there are any major changes, and I notice that the date for the change of circs is different.

    the old Regs state that a change takes effect from the following Monday, whereas, the new ones state that the change is amended from the Monday of the week the change is reported.

    I am interpreting this Reg correct?  As it seems a lot of different dates for benefits and I hope that joint computer systems understand the new reg !!

    #125778
    walmslm
    Participant

    Take a look at the Local Council Tax forum topic, lots of postings about this on there 🙂

    #125788
    chris harvey
    Participant

    I wasn’t aware there was a Local Council Tax forum, it is not available to me when I log into forums. Anyone know how to access it, maybe it’s only available to Revenues staff?
    Karen, I thought liability changes in council tax are/have always been applied from the day. This compliments the CTB/CTR regs which also apply the benefit changes to the day whenever a liability is amended.

    #125789
    chris harvey
    Participant

    I can’t find any council tax reduction regs on the web apart from the the ones replacing CTB (prescribed and default reduction schemes). Change of circs are in regs 46/115 respectively in these. Karen have the got the SI number of the regs you are referring to?

    #125848
    Karen
    Participant

    Chris, the number on the regs I’m reading states Scottish Statutory Instrument 2012 no.303. I got my copy from legislation.gov.uk

    http://www.legislation.gov.uk/ssi/2012/303/contents/made?view=plain

    #125860
    chris harvey
    Participant

    Sorry Karen, I had forgotten about the Scottish regs. I did have a glance at these when they came out. I have already posted about some strange things I noticed relating to occupation of the home and when you can be classed as occupying 2 homes (which is lifted straight out of the HB regs and appears to me to be totally irrelevant to CTR).
    Yes you are right reg 81 requires changes to be applied from the start of the week unless it’s a change to the liability. This is at odds with the former CTB regs, the HB regs and accepted practice. Don’t know how software suppliers will handle this and it is very odd. Another thing scottish assessors will need to be aware of when assessing combined claims for HB/CTR.

    #125864
    chris harvey
    Participant

    I’m glad I am not working in Scotland. I have just noticed the Scottish regs for working age have a £10,000 capital limit and lower tariff for those 60 or over. so for the 60 – 62 year olds who are working age you need to apply the pensioner equivalent capital rules. How odd and administratively cumbersome.
    These scottish regs do seem a real mess, it almost beggars belief.

    #125865
    Karen
    Participant

    Thanks Chris, my head is thumping trying to take in all these weird and wonderful tweeks to the regs. The staff are well confused.

    #125887
    Alex G
    Participant

    yes I was thinking that they missed the word “following” out ?

    that
    .
    “is to take effect for the purpose of calculating entitlement to council tax reduction from the first day of the reduction week the date on which the change actually occurs,”

    should read
    .
    is to take effect for the purpose of calculating entitlement to council tax reduction from the first day of the reduction week *following* the date on which the change actually occurs,

    .

    as it is very similar to say HB Reg 79 or CTB 67
    “shall take effect from the first day of the benefit week following the date on which the change actually occurs…”

    and also that the way it is written in the CTRS does not ‘read’ very well,

    #126576
    chris harvey
    Participant

    I notice that for Northgate sites the CTR software allows two parameters for setting change of circs effective dates – on the day for Wales (presume their regs hold all changes to the day) and the Monday after for England and Scotland. So Northgate seem unaware of the Scottish Regs that apply changes to the start of the week?

    #126587
    Jon__Blackwell
    Participant

    Regarding the pension-age style tariff income for age 60+ (Scotland working-age scheme – reg 51) I’m trying to find out if this is just a drafting error. I suspect there may also be difficulties with reg 26 (income/capital for UC recipients) should any pathfindees escape across the border.

    #127621
    Jon__Blackwell
    Participant

    Further to my previous post : it appears the £10000 tariff income threshold for working-age claimants aged 60 and over is there because this it’s understood that this is what the current CTB working age regs say – presumably at reg CTB 42(1).

    I just can’t see that in my consolidation of the working age CTB regs (consolidation is a bit fiddly you have to invoke SI217/2006 reg 4 to get there) and HBINFO’s consolidation matches mine. (Or am I looking in the wrong place)?

    Does anyone actually apply £1 per £250 over *£10000* for working age 60+ ?

    It also looks like there may be further amendments later in the year to rationalize the treament of UC (but possibly not until after the Pathfinders have started).

    #127622
    chris harvey
    Participant

    They must be using different drafters to the english and Welsh rules, who appear to have read the rules correctly. the CTB working age regs at 42(1) has the £6000 threshold and £1 per £250 tariff that we are all familiar with. These rules apply up to age 61 and a half at the moment. the pensioner CTB regs that apply to over 61 and a half people have the £10,000 limit and £1 for every £500 tariff.
    I find it hard to believe the drafters cannot follow this. They are wrong – wonder what they are going to do about it?

    #127623
    Jon__Blackwell
    Participant

    Thanks, Chris – I was starting think I was going mad.

    Maybe they’ll do nothing. I suggested that they have a word with some practitioners about – they say they have…(?)

    Still, plenty of bigger things to worry about.

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