Gateshead Council Local Council Tax Support Scheme 2024/25

1. Any person in receipt of Local Council Tax Support as at 31st March 2020 will be treated as having made an application for a reduction under this scheme and automatically have any entitlement to a Council Tax reduction under this scheme calculated and awarded. This also applies to anyone who has an undecided claim for Local Council Tax Support under the 2019/20 scheme at the date this scheme comes into force, and who is subsequently awarded Local Council Tax Support.

2. Any person who was already in receipt of a Family premium as at 30th April 2016 and has remained eligible for Council Tax support since that date shall retain entitlement to that premium until they cease to be so entitled or make a new application under the authority's Local Council Tax Support scheme.

3. (1) Subject to paragraph (2), the amendments made by regulation 2 (3)(a), shall not apply in respect of a person who is temporarily absent from Great Britain on 1st April 2018 until the day that person returns to Great Britain.

(2) Paragraph (1) does not apply to a person who, on 1st April 2024, is temporarily absent from Great Britain and is-
(a) a member of His Majesty's forces posted overseas;
(b) absent in the capacity of a continental shelf worker; or
(c) absent in the capacity of a mariner

(3) In this regulation-
"continental shelf worker" means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any of the activities mentioned in section 11 (2) of the Petroleum Act 1998;
"designated area" means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
"mariner" means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where-
(a) The employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by that ship or vessel; and
(b) The contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;
"member of His Majesty's forces posted overseas" means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the dwelling that the person normally occupies as his home because the person has been posted outside of Great Britain to perform the duties of a member of His Majesty's regular forces or reserve forces; and
"prescribed area" means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section (10) of the Petroleum Act 1998.

Transitional provisions for restrictions on amounts for children and young persons - working age

(4) (1) This regulation applies where, on 1st April 2017 a person was entitled to Local Council Tax Support under that scheme and has remained entitled ever since, and the person is, or the person and their partner are, responsible for more than two individuals who are either children or young persons and who are members of the same household (each such individual is referred to as a "protected individual").

(2) Where this regulation applies, the part of regulation 25 referring to children and young
persons does not apply to the person entitled to Council Tax Support referred to in paragraph (1) until -
(a) the person makes a new claim for Council Tax Support: or
(b) the person or the person's partner (if any) becomes responsible for a new individual, whichever is the first to occur.

(3) Paragraphs (4) to (8) apply where -
(a) the amendments made by regulation 7 and 8 apply by virtue of paragraph (2) (b);
(b) the child tax credit provisions do not apply: and
(c ) the person has not made a new claim for housing benefit.

(4) Notwithstanding the default provisions, a child amount shall be included in the applicable amount in relation to any protected individual, in relation to any time when the person or the
person's partner (if any) is responsible for the individual and is a member of the same household.

(5) Paragraph 6 applies where -
(a) the person or the person's partner (if any) is responsible for one or more protected individuals who are members of the same household; and
(b) either of them is responsible for one or more new individuals who are members of the same household.

(6) Where this paragraph applies, any protected individual for whom the person or the persons partner is responsible is to be counted for the purpose of deciding whether an additional child amount is to be included in the applicable amount with respect to the new individual or individuals referred to in paragraph (5)(b).

(7) Paragraph (8) applies where-
(a) the number of protected individuals for whom either the person or the person's partner (if any) is responsible, and who are members of the same household, is one;
(b) the number of new individuals for whom either the person or the person's partner is responsible, and who are members of the same household, is two or more; and
(c ) a different child amount would apply to different individuals.

(8) Where this paragraph applies, the child amounts to be included in the applicable amount shall be -
(a) the child amount in relation to the protected individual; and
(b) a child amount in relation to such one of the new individuals as will result in the greatest possible amount.

Transitional provisions for restrictions on amounts for children and young persons - pension age

(5) (1) This regulation applies where -
(a) on 31st March 2018 a person was is liable to pay Council Tax at a reduced rate by virtue of a Council Tax reduction under an authority's scheme established under section 13A (2) of the Local Government Finance Act 1992 )"a section 13A (2) scheme";
(b) the person is, or the person and the person's partner are between them, responsible for more than two individuals who are either children or young persons and who are members of the same household (each such individual is referred to as a "protected individual").

(2) Where this regulation applies, the part of regulation 24 relating to children and young persons does not apply to the person entitled to a Council Tax reduction referred to in paragraph (1) until -
(a) the person makes a new application under an authority's section 13A (2) scheme; or
(b) the person or the person's partner (if any) becomes responsible for a new individual, whichever is the first to occur.

(3) Paragraphs (4) to (8) apply where -
(a) the part of regulation 24 relating to children and young persons applies by virtue of paragraph (2) (b);
(b) the child tax credit provisions do not apply: and
(c ) the person has not made a new application for a reduction under an authority's scheme for a reduction under an authority's section 13A (2) scheme.

(4) Notwithstanding the default provisions, a child amount shall be included in the applicable amount in relation to any protected individual, in relation to any time when the person or the person's partner (if any) is responsible for the individual and is a member of the same household.

(5) Paragraph 6 applies where -
(a) the person or the person's partner (if any) is responsible for one or more protected individuals who are members of the same household; and
(b) either of them is responsible for one or more new individuals who are members of the same household.

(6) Where this paragraph applies, any protected individual for whom the person or the persons partner is responsible is to be counted for the purpose of deciding whether an additional child amount is to be included in the applicable amount with respect to the new individual or individuals referred to in paragraph (5)(b).

(7) Paragraph (8) applies where-
(a) the number of protected individuals for whom either the person or the person's partner (if any) is responsible, and who are members of the same household, is one;
(b) the number of new individuals for whom either the person or the person's partner is responsible, and who are members of the same household, is two or more; and
(c) a different child amount would apply to different individuals.

(8) Where this paragraph applies, the child amounts to be included in the applicable amount shall be -
(a) the child amount in relation to the protected individual; and
(b) a child amount in relation to such one of the new individuals as will result in the greatest possible amount.

(9) Under paragraph (3), for the purposes of determining whether the child tax credit provisions apply, by virtue of paragraph 6 (1b) of Schedule 1 to the 2012 regulations, where the person or the person's partner is responsible for one or more protected individuals, the total amount that would be included in the applicable amount under the default provisions shall be taken to be the total that would be included under paragraphs (4), (6) and (8).

(10) For the purposes of this regulation -
(a) "the 2012 Regulations" means the Council Tax Reduction Schemes (Prescribed Requirements)(England) Regulations 2012, as incorporated into this scheme;
(b) "applicable amount", "child", "partner", and "young person" have the same meanings as in the 2012 regulations, as incorporated into this scheme;
(c) "child amount" means the amount determined under paragraph 2 of Schedule 2 to the 2012 regulations, as incorporated into this scheme;
(d) "child tax credit provisions" means the provisions of paragraph 6 (1)(b) of Schedule 1 to the 2012 Regulations (as substituted by paragraph 6 (1C) of that Schedule), as incorporated into this scheme;
(e) "default provisions" means the provisions of paragraph 6 (1)(b) of Schedule 2 to the 2012 Regulations (as substituted by paragraph 6 (1C) of that Schedule, and as incorporated into this scheme;
(f) "new individual" means a child or young person who is not a protected individual;
(g) any reference to an individual being part of the same household means being part of the same household with the person who is entitled to a reduction under an authority's section 13A(2) scheme and the person's partner (if any);
(h) a person is to be treated as responsible for a child or young person in the circumstances set out in regulation 7 of the 2012 Regulations.