
1 

(1) This Order may be cited as the Council Tax (Discounts) (Scotland) Amendment Order 1997 and shall come into force on 1st April 1997.
(2) In this Order, “the principal Order” means the Council Tax (Discounts) (Scotland) Order 1992.
2 
In article 4 of the principal Order–
(a) in paragraph (1)–
(i) after the word “question”, there shall be added “(a)”; and
(ii) after the word “below”, there shall be added the following:–“
 ;
(b) meets the requirements in paragraph (3) below; or
(c) is a qualifying person for the purposes of paragraph (4) below”;
(b) at the end of paragraph (2), there shall be added the following sub-paragraph:–“
(k) incapacity benefit under section 40 or 41 of the Social Security Contributions and Benefits Act 1992.”; and
(c) the following paragraphs shall be added after paragraph (2):–“
(3) The requirements in this paragraph are–
(a) that the person in question has reached pensionable age as defined for the purposes of Parts I to VI of the Social Security Contributions and Benefits Act 1992; and
(b) that, had he not reached pensionable age, he would have been entitled to one of the benefits listed in paragraph (2) above.
(4) A qualifying person is a person whose partner is in receipt of jobseeker’s allowance in a case where, by virtue of that person’s incapacity for work, the applicable amount for the purposes of regulation 83 or 84 of the Jobseeker’s Allowance Regulations 1996 includes a premium which falls to be determined under head (d) or (g) of paragraph 14(1) of Schedule 1 to those Regulations.”.
3 
In article 6 of the principal Order–
(a) in paragraph (1)(c)(iii), for the words “he is” there shall be substituted the words “persons undertaking it are normally”; and
(b) in paragraph (3)(b), for the words “relevant period for that course” there shall be substituted the words “period beginning with the day on which he begins the course and ending with the day on which he ceases to undertake it, and for these purposes a person is to be regarded as ceasing to undertake a course of education if he has completed it, abandoned it or is no longer permitted by the institution to attend it”.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
27th February 1997