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CTR Scotland - Support Component or Disability Premium?

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 445

Joined: 18 October 2013

I have a client with UC personal allowance and LCWwWRA reduced by an occupational pension as well as Adult Disability Payment (enhanced rates for both components). Our council has used an applicable amount for CTR consisting of Personal Allowance, Enhanced Disability premium and Disability premium.

I thought (as does Quick Benefits calculator) that they should have been using the support component instead of disability premium but have been directed to the Benefits Directory which states:

Council Tax Reduction - Scotland

An applicant qualifies for the support component where -

• he or any partner has been assessed by the DWP as having, or treated as having, limited capability for work related activities, and -
• the applicant or any partner has entered main phase employment support allowance, or
• the applicant or the applicant’s partner (or the couple jointly) has an award of Universal Credit, (including a Universal Credit award with a value of zero) AND
• the applicable amount does not include the disability premium

So that looks like the support component is not awarded where the applicable amount includes the disability premium.

However, looking at The Council Tax Reduction (Scotland) Regulations 2021 (legislation.gov.uk) Schedule 1 para 12(8)
https://www.legislation.gov.uk/ssi/2021/249/schedule/1

(8) The applicant is not entitled to the disability premium if—
(a)the applicant has, or is treated as having, limited capability for work or limited capability for work-related activity, or
(b)where the applicant’s partner has an award of universal credit, or the applicant and their partner have a joint award of universal credit, the applicant’s partner has, or is treated as having, limited capability for work or limited capability for work-related activity.

Which is correct?

EDIT - I think I have the answer in Schedule 1, para 20:

Work-related activity and support components
20.—(1) The applicant has no entitlement under paragraph 21 or 22 if the applicant is entitled to the disability premium under paragraphs 11 and 12.

(2) Subject to sub-paragraph (3), where] the applicant and the applicant’s partner each satisfies paragraph 21 or 22, the component to be included in the applicant’s applicable amount is that which relates to the applicant.

[ Edited: 12 Feb 2024 at 02:27 pm by unhindered by talent ]