Kettering Borough Council

KETTERING BOROUGH COUNCIL

COUNCIL TAX SUPPORT SCHEME

Introductory Notes

The Government, in accordance with Section 13A of the Local Government Finance Act 1992 (c. 14), substituted by section 9 of the Local Government Finance Act 2012, requires each billing authority in England to make a scheme specifying the reductions which are to apply to amounts of Council Tax payable by persons, or classes or persons, whom the authority considers are in financial need. This scheme designated Kettering Borough Council, Council Tax Support Scheme (the scheme) complies with that requirement. Financial assistance for claims made under the scheme will be referred to as Local Council Tax Support (LCTS). The Council is also required to comply with all the requirements set out in the Council Tax Reductions Schemes (Prescribed Requirements) Regulations and any other provisions prescribed by law.

1)Administration of the Scheme

a)Administration of the scheme is set out in the Prescribed and Default Regulations. Unless specified otherwise, the scheme will be operated in full compliance with these regulations.

b)The scheme will include the regular monitoring of expenditure which will include reporting to:

i)The Councils Section 151 officer;

ii)The Councils management team;

iii)The precepting authorities.

c)The Council may administer Housing Benefit, other welfare payments and discretionary payments alongside the administration of Local Council Tax Support

d)Personal data obtained by the Council for any lawful purpose may be used in the assessment and management of Local Council Tax Support entitlements.

e)Personal data obtained by the Council for the purposes of processing or managing Local Council Tax Support may be shared in relation to Housing Benefit, Discretionary Housing Payments or any other fund administered under section 13A of the Local Government Finance Act 1992.

f)Personal data obtained by the Council for the purposes of processing or managingLlocal Council Tax Support may be shared with any other body where:

i)The data subject (or their representative) provides formal consent;

ii)It is in the beneficial interest of the data subject to do so;

iii)To prevent or detect fraud;

iv)The law permits sharing of the data.

g)Persons in receipt of Local Council Tax Support shall be deemed to be in receipt of a means tested discount for the purposes of any Council policy where entitlement under that policy was linked to the receipt of Council Tax Benefit.

2)Legislative Framework

a)The following legislation and guidance are relevant to this scheme.

i)Local Government Finance Act 2012

ii)Child Poverty Act 2010

iii)Equality Act 2010 (incorporating the Disabled Persons Act 1986)

iv)Housing Act 1996

v)Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 – referred to as the ‘Prescribed Scheme’

vi)Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 – referred to as the ‘Default Scheme’

vii)Housing Benefit Regulations 2006

viii)‘Taking Work Incentives Into Account’ (DCLG May 2012)

ix)‘Vulnerable People – Key Local Authority Duties (DCLG May 2012)

3)Savings Provision

a)The Council adopts all regulations, provisions and schedules in the ‘default scheme’ except where these are amended, deleted, supplemented and/or where other provisions are made in this scheme.

b)The ‘default scheme’ is the scheme prescribed in the schedule to the Council tax Reduction Schemes (Default Scheme)(England) Regulations 2012 SI No 2886, including any subsequent amendment to the Regulations or any re-enactment thereof, with or without amendments.

c)Furthermore, the Council will:

i)Maintain a schedule of the amendments made under paragraph 5a;

ii)Publish the scheme including any amendments on its website.

4)Scheme Amendments

a)Any amendments to the scheme must be made and agreed by the Council before the 31 January in any year, the changes to apply from the following 1 April.

b)Where changes to the scheme are being considered, public consultation will take place for a period of not less than 8 weeks.

5)Explanatory Note

a)The appendices that follow are provided with the following summary scheme intentions. To make provision for:

i)The reduction in maximum entitlement that can be awarded below 100%;

ii)The removal of the Alternative Maximum Council Tax Reduction Scheme in respect of non pensioners;

iii)The inclusion of additional provisions required to ensure continuity in the treatment of War Pensions and War Widows Pensions for pensioners and non pensioners;

Schedule of Scheme Amendments

The following appendices constitute the amendments/changes to the default scheme as approved by the council. In all cases amendments include the date when this amendment was approved and the date from which the amendment will be effective from.

Please note that Appendix A – D constitute the LCTS scheme and that the default scheme with these amendments will take effect from 1 April 2013.

However, subject to the transitional funding applications’ approval, the provisions of the LCTS scheme will be super-ceded by the provisions of the transitional arrangements for the year 2013-14 or for future years if funding becomes available.

Annual up-rating

Figures set out in the scheme in respect of applicable amounts, income/capital disregards and non-dependant deductions may be up-rated annually to allow for increases in state benefits and inflationary pressures. Any such up-rating will take effect on 1st April each year.

We expect that the applicable amounts, income/capital disregards and non-dependant deductions will be increased in line with changes made by government to the Default Scheme.

If, the government does not publish uprated figures as part of the Default

Scheme, or in relation to any amounts in the CTS Scheme which were not taken from the Default Scheme, the Council reserve the right to up-rate these annually by reference to the consumer price index, retail price index, rates used for housing benefit and universal credit or by some other method decided by the Council. The ability to up-rate these amounts will be subject to any restrictions imposed by the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations.) Applicants who are affected by uprating will be notified of the following year adjustments in March of the preceding financial year.

Amendments by Statutory Instrument

Scheme amended by: SI 2013 No. 3181

Scheme amended by: SI 2014 No. 3312

Scheme amended by: SI 2015 No. 2041

Scheme amended by: SI 2016 No. 1262

Scheme amended by: SI 2017 No. 1305

Appendix A – Calculation Parameters

Amendment / Maximum Reduction
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 7 29 – (1) – Amendment
Description / Setting of the Maximum council tax reduction under this scheme (pensioners only)

In the introduction to this regulation amend from:

‘Maximum council tax reduction under this scheme: pensioners and persons who are not pensioners’

Amend to:

‘Maximum council tax reduction under this scheme: pensioners’

Amendment / Maximum Reduction
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 7 29 – (1) – Amendment – insert new para (1)((a)
Description / Setting of the Maximum council tax reduction under this scheme (non pensioners only)

Maximum council tax reduction under this scheme: persons who are not pensioners

(1) / Subject to paragraph (2) to (4), the amount of a person’s maximum council tax reduction in respect of a day is 85%
(a) / A is the amount set by the authority as the council tax for the relevant financial year (subject to paragraph 1(c)) in respect of the dwelling in which he is a resident and for which he is liable, subject to any discount which may be appropriate to that dwelling under the 1992 Act; and
(b) / B is the number of days in that financial year,
less any deductions in respect of non-dependants which fall to be made under paragraph 29 where this applies (non-dependant deductions: pensioners and persons who are not pensioners);
Amendment / Maximum Reduction
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 7 29 – (1) – Amendment – insert new para (1)((b)
Description / Setting of the Maximum council tax reduction under this scheme (non pensioners only) – transitional arrangements for 2013-14

Maximum council tax reduction under this scheme: persons who are not pensioners– transitional arrangements for 2013-14

(1) / Subject to paragraph 29(2) to 29(4), the amount of a person’s maximum council tax reduction in respect of a day is 91.5%
(a) / A is the amount set by the authority as the council tax for the relevant financial year (subject to paragraph 1(c)) in respect of the dwelling in which he is a resident and for which he is liable, subject to any discount which may be appropriate to that dwelling under the 1992 Act; and
(b) / B is the number of days in that financial year,
(2)In calculating a person’s maximum council tax reduction under this scheme paras 29 (2) – (6) above apply.
less any deductions in respect of non-dependants which fall to be made under paragraph 29 where this applies (non-dependant deductions: pensioners and persons who are not pensioners);
Amendment / Maximum Reduction
Approved / 17 December 2014 / Applicable From / 1 April 2015
Paragraph / Part 7 29 – (1) – Amendment – insert new para (1)((a)
Description / Setting of the Maximum council tax reduction under this scheme (non pensioners only)

Maximum council tax reduction under this scheme: persons who are not pensioners

(1) / Subject to paragraph (2) to (4), the amount of a person’s maximum council tax reduction in respect of a day is 75%
(a) / A is the amount set by the authority as the council tax for the relevant financial year (subject to paragraph 1(c)) in respect of the dwelling in which he is a resident and for which he is liable, subject to any discount which may be appropriate to that dwelling under the 1992 Act; and
(b) / B is the number of days in that financial year,
less any deductions in respect of non-dependants which fall to be made under paragraph 29 where this applies (non-dependant deductions: pensioners and persons who are not pensioners);
Amendment / Maximum Reduction
Approved / 16 December 2015 / Applicable From / 1 April 2016
Paragraph / Part 7 29 – (1) – Amendment – insert new para (1)((a)
Description / Setting of the Maximum council tax reduction under this scheme (non pensioners only)

Maximum council tax reduction under this scheme: persons who are not pensioners

(1) / Subject to paragraph (2) to (4), the amount of a person’s maximum council tax reduction in respect of a day is 55%
(a) / A is the amount set by the authority as the council tax for the relevant financial year (subject to paragraph 1(c)) in respect of the dwelling in which he is a resident and for which he is liable, subject to any discount which may be appropriate to that dwelling under the 1992 Act; and
(b) / B is the number of days in that financial year,
less any deductions in respect of non-dependants which fall to be made under paragraph 29 where this applies (non-dependant deductions: pensioners and persons who are not pensioners);
Amendment / Maximum Reduction
Approved / 14 December 2016 / Applicable From / 1 April 2017
Paragraph / Part 7 29 – (1) – Amendment – insert new para (1)((a)
Description / Setting of the Maximum council tax reduction under this scheme (non pensioners only)

Maximum council tax reduction under this scheme: persons who are not pensioners

Appendix B – Alternative Maximum Council Tax Reduction

Amendment / Class F: Alternative maximum council tax reduction – persons who are not pensioners
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 4 - 18
Description / Removal of Second Adult Rebate Scheme (non pensioners only)

Regulation 18 - Deleted

Amendment / Alternative maximum council reduction under this scheme:
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 8 -1 -31
Description / Retained for pensioners only

In the introduction to this regulation delete from the introduction:

‘and persons who are not pensioners’

In sub - para (1)(b) delete ‘or 18(2) (alternative maximum council tax reduction: persons who are not pensioners)'

Amendment / Duty to notify changes of circumstances
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / 115 - 6 - (b)
Description / Requirement to report changes (non pensioners only)

In paragraph 6b amend from

‘In the case of a person falling within class F…’

Amend to:

‘Deleted’

Amendment / Amount of reduction under this scheme: Classes A to F
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Part 9 32
Description / Amendment to regulation to remove mention of class F

In the title amend

Amount of reduction under this scheme: Classes A to F

To read

Amount of reduction under this scheme: Classes A to E

In sub paragraph (4) amend

Delete the words “or F”

Amendment / Amount of reduction under this scheme: Classes A to F
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Schedule 4
Description / Amendment to regulation to remove mention of class F

Amend Title – delete “and persons who are not pensioners”

In para 1(a) of Schedule 4 delete:

“or 18(2) (class F) (as the case may be ).”

And

Delete paragraph 49 of Schedule 10.

Appendix C - War Pension and War Widow’s Pension Additional Disregard Scheme

Amendment / Amounts to be disregarded in the calculation of income other than earnings: pensioners
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Schedule 6 para 40 1(g)
Description / Disregarded in full of War Pension, War Widows Pension and War Widowers Pension (pensioners)

After paragraph 1(g) insert:

1A / In determining the claimant’s and partner’s income the Council will further disregard the whole or any part of any War Disablement Pension, War Widow’s Pension or War Widowers Pension payable not disregarded in Section 1.
Amendment / Sums disregarded in the calculation of income other than earnings: persons who are not pensioners
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Schedule 8 para 20(g)
Description / Disregarded in full of War Pension, War Widows Pension and War Widowers Pension (pensioners)

After paragraph 20(g) insert:

20A / In determining the claimant’s and partner’s income the Council will further disregard the whole or any part of any War Disablement Pension, or War Widow’s Pension War Widowers Pension payable not disregarded in Section 20.

Appendix D – Other Changes

Amendment / Capital Disregards
Approved / 22 January 2013 / Applicable From / 1 April 2013
Paragraph / Schedule 10
Description / Disregard of non pensioner capital

In paragraph 49 amend from

‘(1) Subject to sub-paragraph (2), where an applicant falls within class F…’

Amend to ‘Deleted’

Amendment / Family Premium Amendment
Approved / 16 December 2015 / Applicable From / 1 May 2016
Paragraph / Paragraph 26 & 27, Schedules 3, 7 & 8
Description / Removal of family Premium

Abolition of the family premium

(1) Kettering Borough Council Tax Support Scheme is amended as follows—

(a) in Paragraph 26 (Applicable amounts: persons who are not pensioner) omit paragraph (c);

(b) in Paragraph 27 (Polygamous marriages: persons who are not pensioners) omit paragraph (d);

(d) for paragraph 18(2)(b)(ii)(bb) of Schedule 7 (Sums disregarded in the calculation of earnings: persons who are not pensioners) substitute—

“(bb) his family includes at least one child or young person;”; and

(e) in paragraph 49(1) of Schedule 8 (sums to be disregarded in the calculation of income other than earningspersons who are not pensioners) for “Where a claimant’s applicable amount includes an amount by way of family premium,” substitute “Where a claimant’s family includes at least one child or young person,”.

Amendment / Transitional provision for family premium
Approved / 16 December 2015 / Applicable From / 1 May 2016
Paragraph / Paragraph 26 & 27
Description / Transitional protection

Transitional provision

4.—

(1) Subject to paragraph (2), amendment to Family Premiun does not apply to a person who, on 30th April 2016, is entitled to Council tax Support and is——

(a) a member of a family of which at least one member is a child or young person; or

(b) a partner in a polygamous marriage, where he or she, or another partner of the polygamous marriage, is responsible for a child or young person who is a member of the same household.

(2) Paragraph (1) does not apply if—

(a) sub-paragraph (a) or (b) of that paragraph ceases to apply; or

(b) the person makes a new claim for Council tax Support.

(3) For the purpose of this change “child”, “polygamous marriage” and “young person” have the same meaning as in PART 2 Interpretation of the Kettering Borough Council Tax Support Scheme

Amendment / Reduction in backdate award
Approved / 16 December 2015 / Applicable From / 1 April 2016
Paragraph / Paragraph 112
Description / Reduce maximum time of backdate

Shortening the date from which a claim may be treated as made

. In Paragraph 112 (Back-dating of applications: persons who are not pensioners) of the Kettering Borough Council Tax Support Scheme, in paragraph (112A) 2(b) and 2(c) for “6 months” substitute “one month”.

Amendment / Calculation of Universal Credit Award
Approved / 16 December 2015 / Applicable From / 1 April 2016
Paragraph / Paragraph 37
Description / Amend the way the Universal Credit used in calculating the award is calculated

Calculation of income and capital: persons who are not pensioners who have an award of universal credit

Paragraph 37 (3) insert -
(aa) the amount deducted from the award of universal credit by the Secretary of State for loans, advances, sanctions, penalties, deductions, overpayments or third party payments

Amendment / Calculation of Earnings
Approved / 16 December 2015 / Applicable From / 1 April 2016
Paragraph / Paragraph 47
Description / Align Earnings calculation with that used in Housing Benefits

Average weekly earnings of employed earners: persons who are not pensioners

Paragraph 47 insert

47A.---(1) A claimant’s average weekly earnings from employment estimated pursuant to paragraph 47 (Average weekly earnings of employed earners: persons who are not pensioners) shall be taken into account—

(a) in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week;

(b) in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week; or