Statutory Instruments
2022 No. 449
Social Security
Council Tax, England
The Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022
Made
11th April 2022
Laid before Parliament
12th April 2022
Coming into force
3rd May 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 115(3) and (4), 166(3)(a) and (b), and 167 of the Immigration and Asylum Act 1999( 1 ) and section 113(1) and (2) of, and paragraph 2(8) and (9)(b) of Schedule 1A to, the Local Government Finance Act 1992( 2 ).
Citation, commencement, extent, application and effect
1. —(1) These Regulations may be cited as the Social Security and Council Tax Reduction Schemes (Amendment) Regulations 2022 and come into force on 3rd May 2022.
(2) These Regulations extend to England and Wales and Scotland except for regulation 3 which extends to England and Wales.
(3) The amendments made by regulation 2(2) do not have effect in relation to a claim for housing benefit or state pension credit, made before the date these Regulations come into force.
(4) Regulation 3 applies in relation to council tax reduction schemes( 3 ) made by billing authorities( 4 ) in England for financial years beginning on or after 1st April 2023.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000
2. —(1)The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000( 5 ) are amended as follows.
(2) In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999)—
(a) in paragraph (1)( 6 )—
(i) after “a social fund payment,” insert “or” ; and
(ii) omit “housing benefit under the Contributions and Benefits Act( 7 )”; and
(iii) omit “, or state pension credit under the State Pension Credit Act 2002( 8 )”;
(b) in paragraph (1A)( 9 )—
(i) after “entitlement to” insert “housing benefit under the Contributions and Benefits Act, state pension credit under the State Pension Credit Act 2002, or” ; and
(ii) after “universal credit” insert “, as the case may be,” .
Amendment of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
3. —(1)Regulation 13 of the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012( 10 ) (persons subject to immigration control) is amended as follows.
(2) In paragraph (1) for “Subject to paragraph (1A), persons” substitute “Persons” .
(3) Omit paragraph (1A).
Signed by the authority of the Secretary of State for Work and Pensions
Mims Davies
Parliamentary Under Secretary of State
Department for Work and Pensions
11th April 2022
1999 c. 33 . Section 167 is cited for the definition of “prescribed” as meaning “prescribed by regulations made by the Secretary of State”.
1992 c. 14 . Section 113(1) and (2) was amended by paragraphs 40 and 52 of Schedule 7 to the Local Government Act 2003 (c. 26) ; section 80 of the Localism Act 2011 (c. 20) ; S.I. 2013/2597 and S.I. 2021/1265 . Schedule 1A was inserted by Schedule 4 to the Local Government Finance Act 2012 (c. 17) . There are other amendments not relevant to this instrument.
See section 13A(9) of the Local Government Finance Act 1992 for the definition of “council tax reduction scheme”. Section 13A was inserted by section 76 of the Local Government Act 2003. Section 13A was substituted by section 10 of the Local Government Finance Act 2012.
See section 1(2) of the Local Government Finance Act 1992 for the definition of “billing authority”. Section 1(2) was amended by section 35(5) of the Local Government (Wales) Act 1994 (c. 19) .
S.I. 2000/636 (the principal Regulations).
Relevant amending instruments are S.I. 2003/2274 , S.I. 2008/1554 , S.I. 2013/458 .
“The Contributions and Benefits Act” is defined in regulation 1 of the principal Regulations as meaning the Social Security Contributions and Benefits Act 1992.
Paragraph (1A) inserted by S.I. 2013/630 ; relevant amending instruments are S.I. 2013/630 , S.I. 2020/1505 .
S.I. 2012/2885 ; relevant amendments were made by S.I. 2013/3181 .