The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Statutory Instruments

2003 No. 455

SOCIAL SECURITY

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Made

27th February 2003

Laid before Parliament

7th March 2003

Coming into force – – in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 1(1C) and 189(1) of the Social Security Administration Act 1992 M1 , sections 22(5), 122(1), 123(1)(a), (d) and (e), 124(1)(e), 135(1), 136(1), (3), (4) and (5), 137(1), 138(1)(a), (2) and (4), and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992 M2 , sections 4(5), 12, 13(2), 35(1), 36(2) and (4) of the Jobseeker’s Act 1995 M3 and of all other powers enabling him in that behalf, after consultation, in respect of the provisions relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned M4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it M5 hereby makes the following Regulations:

Marginal Citations

M1 1992 c. 5; section 1(1C) of the Social Security Administration Act 1992 is inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c. 47).

M2 1992 c. 4; section 22(5) is amended by paragraph 22 of Schedule 2 to the Jobseekers Act 1995 (c. 18). Section 123(1)(e) is substituted and section 137 amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 124(1)(e) is inserted by paragraph 30(5) of Schedule 2 to the Jobseekers Act 1995. Section 122(1) and section 137(1) are interpretation provisions cited because of the meaning given to the words “prescribe” and “prescribed”.

M3 1995 c. 18; section 35(1) is an interpretation provision cited because of the meaning given to the word “claimant”, “family” and “prescribed”.

M4 See section 176(1) of the Social Security Administration Act 1992.

M5 See section 170 and 173(1)(b) of the Social Security Administration Act 1992 and paragraph 67 of the Schedule 2 to the Jobseekers Act 1995 which added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 and this regulation shall come into force on 1st April 2003.

(2) Subject to paragraph (5), in a case where a claimant for income support–

(a) has a child or young person who is a member of his family for the purposes of his claim for income support, and

(b) is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,

regulation 7 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(3) Subject to [F1 paragraphs (4A) to (5)], in a case where a claimant for income support–

(a) has a child or young person who is a member of his family for the purposes of his claim for income support, and

(b) has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,

regulations 2 and 7 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.

(4) Subject to [F2 paragraphs (4A) to (5)], in a case where paragraph (2)(a) or (3)(a) does not apply to a claimant for income support, regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

[F3 (4A) In the case of a person who makes a claim for income support on or after 8th September 2005, regulation 2 and Schedule 1 shall have effect from the date that claim is made.

(4B) Subject to paragraph (4C), in the case of a claimant for income support who applies on or after 8th September 2005 for an amount to be included in his applicable amount in respect of a child or young person, regulation 2 and Schedule 1 shall have effect from the date of that application.

(4C) Paragraph (4B) shall not apply to a claimant for income support who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.]

(5) The provisions in–

(a) paragraphs 10(b) and (c), 20(b), 23(a) and 24(a) of Schedule 1 and regulation 2 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for the claimant on or after 7th April 2003;

(b) paragraph 19 of Schedule 1 and regulation 2 insofar as it relates to that paragraph shall come into force on 7th April 2003.

(6) Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance–

(a) has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and

(b) is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,

regulation 8 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(7) Subject to [F4 paragraphs (8A) to (9)], in a case where a claimant for a jobseeker’s allowance–

(a) has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and

(b) has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,

regulations 3 and 8 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.

(8) Subject to [F5 “paragraphs (8A) to (9)], in a case where paragraph (6)(a) or (7)(a) does not apply to a claimant for jobseeker’s allowance, regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

[F6 (8A) In the case of a person who makes a claim for a jobseeker’s allowance on or after 8th September 2005, regulation 3 and Schedule 2 shall have effect from the date that claim is made.

(8B) Subject to paragraph (8C), in the case of a claimant for a jobseeker’s allowance who applies on or after 8th September 2005 for an amount to be included in his applicable amount in respect of a child or young person, regulation 3 and Schedule 2 shall have effect from the date of that application.

(8C) Paragraph (8B) shall not apply to a claimant for a jobseeker’s allowance who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.]

(9) Paragraphs 10(b), 20(b) and (e), 23(a) and 24(a) of Schedule 2 and regulation 3 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for jobseeker’s allowance from the first day of the first benefit week to commence for the claimant on or after 7th April 2003.

(10) The provisions in –

(a) paragraph 6 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003 immediately before the coming into force of paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 M6 ;

(b) paragraph 5 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003, and

(c) the remaining paragraphs of Schedule 4 and regulation 6 insofar as it relates to those paragraphs and regulations 4 and 5 and Schedule 3 shall come into force on 7th April 2003.

(11) In paragraphs (2) to (5) and regulation 7, the expressions “benefit week”, “claimant” and “partner” have the same meaning as in regulation 2(1) M7 of the Income Support Regulations and in paragraphs (6) to (9) and regulation 8, the expressions “benefit week” and “partner” have the same meaning as in regulation 1(3) M8 of the Jobseeker’s Allowance Regulations.

(12) In these Regulations–

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 M9 ;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 M10 ;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M11 ; and

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 M12 .

Textual Amendments

F1 Words in reg. 1(3) substituted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(a)

F2 Words in reg. 1(4) substituted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(a)

F3 Reg. 1(4A) to (4C) inserted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(b)

F4 Words in reg. 1(7) substituted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(c)

F5 Words in reg. 1(8) substituted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(c)

F6 Reg. 1(8A) to (8C) inserted (8.9.2005) by Social Security (Tax Credits) Amendment Regulations 2005 (S.I. 2005/2294), regs. 1, 2(2)(d)

Marginal Citations

M6 S.I. 2002/2402.

M7 The relevant amending instrument is S.I. 1988/1445.

M8 The relevant amending instruments are S.I. 1996/1517 and 1996/2538.

M9 S.I. 1992/1814.

M10 S.I. 1987/1971.

M11 S.I. 1987/1967.

M12 S.I. 1996/207.

Amendment of the Income Support Regulations E+W+S

2.  The Income Support Regulations shall be amended in accordance with Schedule 1 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.

Commencement Information

I1 Reg. 2 coming in to force and having effect in accordance with {reg. 1(1)-(5)}

Amendment of the Jobseeker’s Allowance Regulations E+W+S

3.  The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 2 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.

Commencement Information

I2 Reg. 3 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Amendment of the Housing Benefit Regulations E+W+S

4.  The Housing Benefit Regulations shall be amended in accordance with Part I of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.

Amendment of the Council Tax Benefit Regulations E+W+S

5.  The Council Tax Benefit Regulations shall be amended in accordance with Part II of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.

Other miscellaneous consequential amendments E+W+S

6.  The consequential amendments to the regulations specified in Schedule 4 shall have effect.

Commencement Information

I3 Reg. 6 coming into force in accordance with {reg. 1(10)}

Income Support – transitional arrangements E+W+S

7.—(1)  [F7 Subject to paragraph (2) and regulation 31(3) of the Income Support Regulations,]in the case of a claimant for income support who makes a claim, or whose partner makes a claim, for a child tax credit, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (3).

(2) In a case where a claimant for income support–

(a) has a child or young person who is a member of his family for the purposes of his claim for income support; and

(b) is, or has a partner who is, aged not less than 60,

the Secretary of State shall, [F8 in the benefit week which begins on or includes 5th October 2003, disregard from his income an amount equivalent to the amount of child tax credit to which he is entitled.]

(3) For the purposes of [F9 paragraph (1)], the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date the award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(4) In the case of a claimant for income support who applies for an applicable amount under regulation 17 or 18 of the Income Support Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (5).

(5) For the purposes of paragraph (4), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on–

(a) in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b) in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins; or

(c) the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.

(6) In the case of a claimant for income support who is entitled, or whose partner is entitled, to child benefit in respect of a child under the age of one year, for the purposes of his claim for income support, the Secretary of State shall disregard from that claimant’s income the sum of [F10 £10.50] in respect of one child only for the period specified in paragraph (7).

(7) For the purposes of paragraph (6), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003 and ends on–

(a) [F11 subject to sub-paragraph (d)]in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b) [F11 subject to sub-paragraph (d)]in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins; F12 ...

(c) [F11 subject to sub-paragraph (d)]the first day of the first benefit week in which the award of child benefit in respect of that child ends, if earlier [F13 or,

(d) the first day of the benefit week in which the child’s first birthday occurs, if earlier.]

Textual Amendments

F7 Words in reg. 7(1) inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(a)

F8 Words in reg. 7(2) substituted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(b)

F9 Words in reg. 7(3) substituted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(c)

F10 Word in reg. 7(6) substituted (12.4.2004) by Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(e), 11(2)

F11 Words in reg. 7(7)(a)(b)(c) inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(d)(i)

F12 Word in reg. 7(7)(b) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(d)(ii)

F13 Reg. 7(7)(d)and preceeding word inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(2)(d)(iii)

Commencement Information

I4 Reg. 7 coming into force in accordance with {reg. 1(1)-(3)}

Jobseeker’s allowance – transitional arrangements E+W+S

8.—(1)  [F14 Subject to regulation 96(3) of the Jobseeker’s Allowance Regulations,]in the case of a claimant for jobseeker’s allowance who makes a claim, or whose partner makes a claim, for a child tax credit, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (2).

(2) For the purposes of paragraph (1) the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date that award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(3) In the case of a claimant for jobseeker’s allowance who applies for an applicable amount under regulation 83 or 84 of the Jobseeker’s Allowance Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (4).

(4) For the purposes of paragraph (3), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on–

(a) in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b) in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day on which that award of child tax credit begins; or

(c) the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.

(5) In the case of a claimant for jobseeker’s allowance who is entitled, or whose partner is entitled, to child benefit in respect of a child under the age of one year, for the purposes of his claim for jobseeker’s allowance, the Secretary of State shall disregard from that claimant’s income the sum of £10.45 in respect of one child only for the period specified in paragraph (6).

(6) For the purposes of paragraph (5), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003 and ends on–

(a) [F15 subject to sub-paragraph (d)]in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b) [F15 subject to sub-paragraph (d)]in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day on which that award of child tax credit begins; F16 ...

(c) [F15 subject to sub-paragraph (d)]the first day of the first benefit week in which the award of child benefit in respect of that child ends, if earlier [F17 or

(d) the first day of the benefit week in which the child’s first birthday occurs, if earlier.]

Textual Amendments

F14 Words in reg. 8(1) inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(3)(a)

F15 Words in reg. 8(6)(a)(b)(c) inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(3)(b)(i)

F16 Word in reg. 8(6)(b) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(3)(b)(ii)

F17 Reg. 8(6)(d) and preceeding word inserted (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(3)(b)(iii)

Commencement Information

I5 Reg. 8 coming into force and having effect in accordance with {reg. 1(1)(6)(7)}

Signed by authority of the Secretary of State for Work and Pensions.

P.Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

27th February 2002

Regulation 2

SCHEDULE 1 E+W+S AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

1.  In regulation 2A M13 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted. E+W+S

Commencement Information

I6 Sch. 1 para. 1 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M13 The relevant amending instrument is S.I. 1997/2676.

2.  In regulation 17(1) M14 (applicable amounts)– E+W+S

(a) paragraphs (b) (amount in respect of children or young persons) and (c) (family premium) shall be omitted; and

(b) in paragraph (bb) for the words “or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted the words “ or, if he is a member of a couple, an amount in respect of both of them ”.

Commencement Information

I7 Sch. 1 para. 2 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M14 The relevant amending instruments are S.I. 1992/3147, 1993/2119 and 1996/206.

3.  In regulation 18 M15 (polygamous marriages)– E+W+S

(a) paragraphs (1)(c) (amount in respect of children or young persons) and (1)(d) (family premiums) shall be omitted; and

(b) in paragraph (1)(cc) for the words “any member of his household aged 16 or over” there shall be substituted the words “ any partner of the polygamous marriage ”.

Commencement Information

I8 Sch. 1 para. 3 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M15 The relevant amending instruments are S.I. 1988/1228, 1992/3147, 1993/2119, 1996/206 and 2001/3767.

4.  In regulation 21(1) M16 (special cases)– E+W+S

(a) in paragraph (1) the words from “but no amount shall” to the end of that paragraph shall be omitted, and

(b) in paragraph (2) omit “,3”.

Commencement Information

I9 Sch. 1 para. 4 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M16 The relevant amending instruments are S.I. 1994/527, 1996/206, 1996/2431, 2000/636 and 2001/3767.

5.  In regulation 21ZB(3) M17 (treatment of refugees) for the word “dependants” there shall be substituted the word “ partner ”. E+W+S

Commencement Information

I10 Sch. 1 para. 5 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M17 The relevant amending instrument is S.I. 2000/636.

6.  In regulation 23 M18 (calculation of income and capital of members of claimant’s family and of a polygamous marriage)– E+W+S

(a) in paragraph (1)–

(i) for the words from “Subject” to “of the Act” there shall be substituted the words “ Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 136(1) of the Contributions and Benefits Act ”, and

(ii) the words “or that child or young person” shall be omitted;

(b) for paragraph (2) there shall be substituted the following paragraph–

“(2) Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.”;

(c) in paragraph (3)(a) the words “and the income of any child or young person who is one of that member’s family” shall be omitted;

(d) in paragraph (3)(b) the words “or, as the case may be, the income of that child or young person” and words after “for the claimant” to the end of that paragraph shall be omitted.

Commencement Information

I11 Sch. 1 para. 6 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M18 The relevant amending instrument is S.I. 1988/1228.

7.  In regulation 25 (liable relative payments) for “44” there shall be substituted “ 42 ”. E+W+S

Commencement Information

I12 Sch. 1 para. 7 coming into force and having effect in accordance with {reg. 1(1)-(4)}

8.  In regulation 40 M19 (calculation of income other than earnings)– E+W+S

(a) in paragraph (1) for the words after “income under” to the end of that paragraph there shall be substituted the words “ regulation 41 (capital treated as income) ”;

(b) in paragraph (4)(b) for the word “dependants” there shall be substituted the word “ partner ”.

Commencement Information

I13 Sch. 1 para. 8 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M19 The relevant amending instruments are S.I. 1988/2022, 1998/563 and 2000/636.

9.  Regulation 41(3) M20 (capital treated as income) shall be omitted. E+W+S

Commencement Information

I14 Sch. 1 para. 9 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M20 The relevant amending instruments are S.I. 1988/663, 1989/1034 and 2001/3070.

10.  In regulation 42 M21 (notional income)– E+W+S

(a) paragraph (2)(d) shall be omitted;

(b) in paragraph (2) (e) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

(c) in paragraph (2)(f) for the words “disabled person’s tax credit” there shall be substituted the words “ child tax credit ”;

(d) paragraph (2D) shall be omitted;

(e) in paragraph (4)(a)–

(i) for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

(ii) in head (i) for the words “or by that member, if it is paid to any member of that family” there shall be substituted the words “ or by his partner, if it is paid to his partner ”;

(iii) in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

(iv) in head (ii) for the words “or by that member” there shall be substituted the words “ or his partner ”, for the words “of any member of that family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

(f) for paragraph (4)(b) there shall be substituted the following–

“(b) to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;”;

(g) in paragraph (4ZA)(d)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”;

(h) in paragraph (4A) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted the words “ or his partner in that home shall be treated as possessed by the claimant or his partner ”.

Commencement Information

I15 Sch. 1 para. 10 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations

M21 The relevant amending instruments are S.I. 1988/1445, 1991/1559, 1992/468, 1993/315, 1994/527, 1995/2792, 1995/3282, 1996/1803, 1998/2117, 1999/2566, 1999/2640 and 2002/841.

11.  Regulation 44 M22 (modifications in respect of children and young persons) and regulation 47 (disregard of capital of child or young person) shall be omitted. E+W+S

Commencement Information

I16 Sch. 1 para. 11 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M22 The relevant amending instruments are S.I. 1988/663, 1993/2119, 1999/3178 and 2000/2629.

12.  In regulation 48 M23 (income treated as capital)– E+W+S

(a) paragraphs (8), (8A) and (10)(b) shall be omitted, and

(b) in paragraph (10)(a) for the words “or to a member of the family” there shall be substituted the words “ or to the partner ”.

Commencement Information

I17 Sch. 1 para. 12 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M23 The relevant amending instruments are S.I. 1988/2022 and 1998/563.

13.  In regulation 51 M24 (notional capital)– E+W+S

(a) in paragraph (3)(a)–

(i) for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

(ii) in head (i) for the words “or by that member if it is paid to any member of the family” there shall be substituted the words “ or by his partner, if it is paid to his partner ”;

(iii) in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

(iv) in head (ii) for the words “or by that member” there shall be substituted the words “ or his partner ”, for the words “of any member of that family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

(b) for paragraph (3)(b) there shall be substituted the following–

“(b) to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner.”;

(c) in paragraph (3A)(c)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”.

Commencement Information

I18 Sch. 1 para. 13 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M24 The relevant amending instruments are S.I. 1988/1445, 1989/534, 1991/1559, 1993/315, 1997/65, 1998/2117, 1999/1640, 1999/2640, 2001/3767 and 2002/841.

14.  In regulation 54 M25 (liable relatives interpretation) in the definition of “payment” paragraph (d) shall be omitted. E+W+S

Commencement Information

I19 Sch. 1 para. 14 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M25 The relevant amending instrument is S.I. 1988/663.

15.  In regulation 57 M26 (period over which payments other than periodical payments are to be taken into account)– E+W+S

(a) in paragraph (1) for

“by–

(a) where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the family, the aggregate”

there shall be substituted the words “ by the aggregate ”;

(b) in paragraph (2) the words “(a) in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the family,” shall be omitted and for the words “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted the words “ as calculated under this paragraph ”;

(c) paragraph (1)(b) and (2)(b) and the word “or;” after paragraph (2)(a) shall be omitted, and

(d) in paragraph (3)(a) and (b) the words “sub-paragraph (a) or (b) of” and in paragraph (3)(a) the words “as the case may be” shall be omitted.

Commencement Information

I20 Sch. 1 para. 15 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M26 The relevant amending instruments are S.I. 1990/1776, 1996/1803, 2000/2629, 2002/2497 and 2002/2207.

16.  In regulation 62 M27 (calculation of grant income)– E+W+S

(a) after paragraph (2)(h) there shall be added the following sub-paragraph–

“(i) intended for the maintenance or child care costs of a child dependant.”;

(b) for paragraph (2B) there shall be substituted the following paragraph–

“(2B) There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.”;

(c) in paragraph (3) before the word “dependants” there shall be inserted the word “ adult ” and the words “or intended for an older student under Part IV of that Schedule” shall be omitted;

(d) in paragraph (3A) for the word “dependants” in both places where it occurs there shall be substituted the words “ an adult dependant ”[F18 and the words “or for an older student” shall be omitted], and

(e) in paragraph (3B) for the word “dependants” there shall be substituted the words “ an adult dependant ”.

Textual Amendments

F18 Words in Sch. 1 para. 16(d) added (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(4)(a)

Commencement Information

I21 Sch. 1 para. 16 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M27 The relevant amending instruments are S.I. 1988/663, 2000/1922, 2001/2319 and 2002/1589.

17.  In regulation 66B(3) M28 (treatment of payments from access funds) and in regulation 68(3) (income treated as capital)– E+W+S

(a) for the words “any other member of his family” there shall be substituted the words “ his partner ”, and

(b) for the words “member is liable” there shall be substituted the words “ partner is liable ”.

Commencement Information

I22 Sch. 1 para. 17 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M28 The relevant amending instruments are S.I. 2000/1922 and 2001/3767.

18.  In regulation 71(1) M29 (applicable amounts in urgent cases)– E+W+S

(a) sub-paragraphs (a)(ii), (c)(ii) and (d)(i) shall be omitted, and

(b) in sub-paragraphs (a)(iii) and (d)(ii) “II or” shall be omitted.

Commencement Information

I23 Sch. 1 para. 18 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M29 The relevant amending instruments are S.I. 1988/663, 1989/1034, 1994/527, 2000/636 and 2001/3767.

19.  In Schedule 1B M30 (prescribed categories of person)– E+W+S

(a) in paragraphs 14A(1)(c) (parental leave) and 14B(2)(b) (paternity leave) after the words “working families' tax credit, disabled person’s tax credit” there shall be inserted the words “ working tax credit, child tax credit payable at a rate higher than the family element, ”, and

(b) in paragraph 14A(2) and 14B(3) at the end there shall be added the words “and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 M31 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations”.

Marginal Citations

M30 The relevant amending instruments are S.I. 1996/206, 1999/3329 and 2002/2689.

M31 S.I. 2002/2007.

20.  In Schedule 2 M32 (applicable amounts)– E+W+S

(a) paragraphs 2 (amounts for child or young person), 3 (family premium), 6(1)(c) (premiums) and 14 (disabled child premium) shall be omitted;

(b) in paragraph 12(1)(a)(i) (additional condition for the higher pensioner and disability premium) for the words “disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M33 ”

(c) in paragraph 13A (enhanced disability premium)–

(i) in sub-paragraph (1)(b) for the words “a member of the claimant’s family” there shall be substituted the words “ the claimant’s partner (if any) ”; and

(ii) sub-paragraph (2)(a) shall be omitted, and

(d) in paragraph 15 (weekly amounts of premiums specified in Part III) sub-paragraphs (6) (disabled child premium) in Columns (1) and (2) and (8)(a) (enhanced disability premium) in Column (2) shall be omitted.

Commencement Information

I24 Sch. 1 para. 20 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations

M32 The relevant amending instruments are S.I. 1988/663, 1988/1445, 1991/2742, 1993/2119, 1994/2139, 1995/482, 1995/516, 1996/2545, 1997/1790, 1998/766, 1999/2555, 1999/2566, 2000/2629 and 2002/668.

M33 S.I. 2002/2005.

21.  In Schedule 7 M34 (applicable amounts in special cases)– E+W+S

(a) in paragraph 1(b) in Column (2) for the words after “any amounts applicable to him under” until the end of that sub-paragraph there shall be substituted the words “ regulation 17(1)(e), (f) or (g); ”;

(b) in paragraph 1(c)(ii) in Column (2) for the words after “any amounts which may be applicable under” until the end of that sub-paragraph there shall be substituted the words “ regulation 17(1)(e), (f) or (g); ”;

(c) in paragraph 1(d)(ii) in Column (2) for the words from “regulation 18(1)(c)” to “Schedule 2” there shall be substituted the words “ regulation 18(1)(f), (g) or (h) ”;

(d) paragraph 3 in Columns (1) and (2) shall be omitted;

F19 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) for paragraph 16A(a) and (b) in Column (2) there shall be substituted–

“16A.    

(a) The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.

(b) The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.”.

Textual Amendments

F19 Sch. 1 para. 21(e)(f) (g) (h) repealed (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(4)(b)

Commencement Information

I25 Sch. 1 para. 21 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M34 The relevant amending instruments are S.I. 1988/2022, 1989/1678, 1995/516, 1996/1803, 2000/636, 2001/3767 and 2002/668.

22.  In Schedule 8 M35 (sums to be disregarded in the calculation of earnings)– E+W+S

(a) in paragraph 14 the words “except earnings to which paragraph 15 applies” shall be omitted, and

(b) paragraph 15 shall be omitted.

Commencement Information

I26 Sch. 1 para. 22 coming into force and having effect in accordance with {reg. 1(1)-(4)}

Marginal Citations

M35 The relevant amending instruments are S.I. 1992/468, 2000/2545 and 2001/3767.

23.  In Schedule 9 M36 (sums to be disregarded in the calculation of income other than earnings)– E+W+S

(a) after paragraph 5 there shall be inserted the following paragraph–

“5A.   Any guardian’s allowance.”;

(b) after paragraph 5A there shall be inserted the following paragraph–

“5B.   –

(1) Any child tax credit.

(2) Any child benefit.”;

(c) in sub-paragraph (1) of paragraph 25 the words “to the extent specified in sub-paragraph (2)” shall be omitted and sub-paragraph (2) of that paragraph shall be omitted,

(d) after paragraph 25, there shall be inserted the following paragraph–

“25A.   In the case of a claimant who has a child or young person–

(a) who is a member of his family, and

(b) who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.”, and

(e) in paragraph 70, for the words “any working families' tax credit or disabled person’s tax credit to which section 128 or as the case may be 129 of the Contributions and Benefits Act refers” there shall be substituted the words “ any working tax credit ”.

Commencement Information

I27 Sch. 1 para. 23 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations

M36 The relevant amending instrument is S.I. 2002/2402.

24.  In Schedule 10 M37 (capital to be disregarded)– E+W+S

(a) in paragraph 7(b) after the words “family income supplement under the Family Income Supplements Act 1970” there shall be inserted the words “ ,working families' tax credit under section 128 of the Contributions and Benefits Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit, ”, and

(b) in paragraph 20, the words “, 44(1)” and the words “, modifications in respect of children and young persons” shall be omitted.

Commencement Information

I28 Sch. 1 para. 24 coming into force and having effect in accordance with {reg. 1(1)-(5)(a)}

Marginal Citations

M37 the relevant amending instruments are S.I. 1990/1549, 1996/206 and 2002/2380.

Regulation 3

SCHEDULE 2 E+W+S AMENDMENTS TO JOBSEEKER'S ALLOWANCE REGULATIONS

1.  In regulation 2A M38 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted. E+W+S

Commencement Information

I29 Sch. 2 para. 1 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M38 The relevant amending instrument is S.I. 1997/2676.

2.  In regulation 83 M39 (applicable amounts)– E+W+S

(a) paragraphs (b) (amount in respect of children and young persons) and (d) (family premium) shall be omitted; and

F20 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 2 para. 2(b) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(b)

Commencement Information

I30 Sch. 2 para. 2 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M39 The relevant amending instrument is S.I. 2001/3767.

3.  In regulation 84 M40 (polygamous marriages)– E+W+S

(a) paragraph (1)(c) (amount in respect of children and young persons) and (e) (family premium) shall be omitted, and

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 2 para. 3(b) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(b)

Commencement Information

I31 Sch. 2 para. 3 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M40 The relevant amending instrument is S.I. 2001/3767.

4.  In regulation 85 M41 (special cases)– E+W+S

(a) in paragraph (1) the words from “but excluding” to the end of that paragraph shall be omitted, and

(b) in paragraph (3) omit “,2”.

Commencement Information

I32 Sch. 2 para. 4 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M41 The relevant amending instruments are S.I. 1997/454 and 2001/3767.

5.  In regulation 86B(c) M42 (applicable amounts for joint-claim couples: polygamous marriages) for the words “any member of his household aged 16 or over” there shall be substituted the words “ any partner of the polygamous marriage ”. E+W+S

Commencement Information

I33 Sch. 2 para. 5 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M42 The relevant amending instruments are S.I. 2000/1978 and 2001/3767.

6.  In regulation 88 M43 (calculation of income and capital of members of claimant’s family and of a polygamous marriage)– E+W+S

(a) in paragraph (1)–

(i) for the words “paragraphs (2) and” there shall be substituted the word “ paragraph ” and for the word “regulations” there shall be substituted the word “ regulation ”;

(ii) the words “and 106 (modifications in respect of children and young persons)” and the words “and the income of a child or young person” and the words after “to his partner” to the end of that paragraph shall be omitted;

(b) for paragraph (2) there shall be substituted the following paragraph–

“(2) Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.”;

(c) in paragraph (4)(a) the words after “each such member” to the end of that sub-paragraph shall be omitted, and

(d) in paragraph (4)(b) the words from “or, as the case may be, the income of that child or young person” and the words after “for the claimant” to the end of that paragraph shall be omitted.

Commencement Information

I34 Sch. 2 para. 6 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M43 The relevant amending instrument is S.I. 2000/1978.

7.  In regulation 89 (liable relative payments) for “106” there shall be substituted “ 105 ”. E+W+S

Commencement Information

I35 Sch. 2 para. 7 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

8.  In regulation 103 M44 (calculation of income other than earnings)– E+W+S

(a) in paragraph (1) for the words after “income under” to the end of that paragraph there shall be substituted the words “ regulation 104 (capital treated as income) ”, and

(b) in paragraph (6)(b) for the word “dependants” there shall be substituted the word “ partner ”.

Commencement Information

I36 Sch. 2 para. 8 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M44 The relevant amending instrument is S.I. 2000/636.

9.  Regulation 104(3) M45 (capital treated as income) shall be omitted. E+W+S

Commencement Information

I37 Sch. 2 para. 9 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M45 The relevant amending instrument is S.I. 2001/3070.

10.  In regulation 105 M46 (notional income)– E+W+S

(a) paragraphs (2)(c) and (2A) shall be omitted;

(b) in paragraph (2)(d) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit or child tax credit ”;

(c) in paragraph (10)(a)–

(i) for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

(ii) in head (i) for the words “by that member of the family, if it would normally be paid to that member” there shall be substituted the words “ by his partner, if it would normally be paid to his partner ”;

(iii) in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”, and

(iv) in head (ii) for the words “or by that member of the family” there shall be substituted the words “ or his partner ”, for the words “of any member of the family” there shall be substituted the words “ of his partner ” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

(d) for paragraph (10)(b) there shall be substituted the following–

“(b) to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;”;

(e) in paragraph (10A)(d)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”, and

(f) in paragraph (11) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted the words “ or his partner in that home shall be treated as possessed by the claimant or his partner ”.

Commencement Information

I38 Sch. 2 para. 10 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations

M46 The relevant amending instruments are S.I. 1996/1803, 1998/2117, 1999/2566, 1999/2640, 2000/1978 and 2002/841.

11.  Regulation 106 M47 (modifications in respect of children and young persons) and regulation 109 (disregard of capital of child or young person) shall be omitted. E+W+S

Commencement Information

I39 Sch. 2 para. 11 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M47 The relevant amending instrument is S.I. 2000/2629.

12.  In regulation 110 M48 (income treated as capital) paragraphs (8) and (10)(b) shall be omitted. E+W+S

Commencement Information

I40 Sch. 2 para. 12 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M48 The relevant amending instrument is S.I. 1998/563.

13.  In regulation 113 M49 (notional capital)– E+W+S

(a) in paragraph (3)(a)–

(i) for the words “in respect of a member of the family” there shall be substituted the words “ his partner ”;

(ii) in head (i) for the words “by that member of the family, if it would normally be paid to that member” there shall be substituted the words “ by his partner, if it would normally be paid to his partner ”;

(iii) in head (ia) for the words “that member” there shall be substituted the words “ the claimant’s partner ”;

(iv) in head (ii) for the words “or by that member of the family” there shall be substituted the words “ or his partner ”, for the words “of any member of the family” there shall be substituted the words “of his partner” and for the words “member is liable” there shall be substituted the words “ partner is liable ”;

(b) for paragraph (3)(b) there shall be substituted the following–

“(b) to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extend that it is kept or used by him or used by or on behalf of his partner.”, and

(c) in paragraph (3A)(c)(iii) for the words “any member of his family” there shall be substituted “ his partner (if any) ”.

Commencement Information

I41 Sch. 2 para. 13 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M49 The relevant amending instruments are S.I. 1998/2117, 1999/2640, 2000/1978, 2001/3767 and 2002/841.

14.  In regulation 117 (liable relatives interpretation) in the definition of “payment” paragraph (d) shall be omitted. E+W+S

Commencement Information

I42 Sch. 2 para. 14 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

15.  In regulation 121 M50 (period over which payments other than periodical payments are to be taken into account)– E+W+S

in paragraph (1) for

“by–

(a)

where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate”

there shall be substituted the words “ by the aggregate ”;

(b)

in paragraph (2) the words “(a) in a case where the periodical payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family” shall be omitted and for the words “referred to in sub-paragraph (a) or (b), as the case may be,” there shall be substituted the words “ as calculated under this paragraph ”;

(c)

paragraph (1)(b) and (2)(b) and the word “or;” after paragraph (2)(a) shall be omitted, and

(d)

in paragraph (3)(a) and (b) the words “sub-paragraph (a) or (b), as the case may be, of” shall be omitted.

Commencement Information

I43 Sch. 2 para. 15 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M50 The relevant amending instruments are S.I. 1996/1803 and 2000/2629.

16.  In regulation 131 M51 (calculation of grant income)– E+W+S

(a) after paragraph (2)(g) there shall be added the following–

“(h) intended for the maintenance or child care costs of a child dependent.”;

(b) for paragraph (3A) there shall be substituted the following paragraph–

“(3A) There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.”;

(c) in paragraph (4) before the word “dependants” there shall be inserted the word “ adult ” and the words “, or intended for an older student under Part IV of that Schedule,” shall be omitted;

(d) in paragraph (5) for the word “dependants” in both places where it occurs there shall be substituted the words “ an adult dependant ”[F22 and the words “or for an older student” shall be omitted], and

(e) in paragraph (5A) for the word “dependants” there shall be substituted the words “ an adult dependant ”.

Textual Amendments

F22 Words in Sch. 2 para. 16(d) added (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(a)

Commencement Information

I44 Sch. 2 para. 16 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M51 The relevant amending instruments are S.I. 2000/1922, 2001/2319, 2002/1589 and 2002/2207.

17.  In regulation 136A(3) M52 (treatment of payments from access funds) and regulation 138(3) M53 (income treated as capital)– E+W+S

(a) for the words “any other member of his family” there shall be substituted the words “ his partner ”, and

(b) for the words “member is liable” there shall be substituted the words “ partner is liable ”.

Commencement Information

I45 Sch. 2 para. 17 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M52 The relevant amending instruments are S.I. 2000/1992 and 2001/3767.

M53 The relevant amending instruments are S.I. 2000/1992 and 2001/3767.

18.  In regulation 140(5)(a) M54 (meaning of “person in hardship”) for the words after “Schedule 1 or” to the end of that sub-paragraph there shall be substituted the words “an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002 M55 ”. E+W+S

Commencement Information

I46 Sch. 2 para. 18 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M54 The relevant amending instruments are S.I. 1996/1516 and 1999/2860.

M55 S.I. 2002/2007.

19.  In regulation 148(1) M56 (applicable amount in urgent cases)– E+W+S

(a) sub-paragraphs (a)(ii), (c)(ii) and (d)(i) shall be omitted;

(b) in sub-paragraphs (a)(iii) and (d)(ii) “II or” shall be omitted.

Commencement Information

I47 Sch. 2 para. 19 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M56 The relevant amending instruments are S.I. 2000/1978, 2001/3767 and 2002/398.

20.  In Schedule 1 M57 (applicable amounts)– E+W+S

(a) paragraphs 2 (amounts for child or young person), 4 (family premium), 7(1)(c) (premiums) and 16 (disabled child premium) shall be omitted;

(b) in paragraph 14(1)(a) (additional conditions for higher pensioner and disability premium) for the words “either disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M58 ”;

(c) in paragraph 15A (enhanced disability premium)–

(i) in sub-paragraph (1)(b) for the words “a member of the claimant’s family” there shall be substituted the words “ the claimant’s partner (if any) ”, and

(ii) sub-paragraph (2)(a) shall be omitted;

(d) in paragraph 20 (weekly amounts of premiums specified in Part III) sub-paragraph (7) (disabled child premium) in Columns (1) and (2) and sub-paragraph (9)(a) (enhanced disability premium) in Column (2) shall be omitted, and

(e) in paragraph 20H(1)(a) (additional conditions for higher pensioner and disability premium, joint claim) for the words “either disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ”.

Commencement Information

I48 Sch. 2 para. 20 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations

M57 The relevant amending instruments are S.I. 1996/1803, 1996/2545, 1998/766, 1999/2555, 1999/2566, 2000/724, 2000/2629, 2002/668 and 2002/2019.

M58 S.I. 2002/2005.

21.  In Schedule 5 M59 (applicable amounts in special cases)– E+W+S

(a) paragraph 2 in Columns (1) and (2) F23 ... shall be omitted;

F24 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for paragraph 13A(a) and (b) in Column (2) there shall be substituted–

“13A.    

(a) the amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;

(b) the amount determined in accordance with that regulation or regulation 85 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance;”

F24 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Words in Sch. 2 para. 21(a) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(b)

F24 Sch. 2 para. 21(b) and (d) omitted (8.8.2003) by virtue of Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(b)

Commencement Information

I49 Sch. 2 para. 21 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M59 The relevant amending instruments are S.I. 1996/1516, 1996/1803, 2000/636, 2001/3767 and 2002/668.

22.  In Schedule 6 M60 (sums to be disregarded in the calculation of earnings)– E+W+S

(a) in paragraph 17 the words “except earnings to which paragraph 18 applies” shall be omitted, and

(b) paragraph 18 shall be omitted.

Commencement Information

I50 Sch. 2 para. 22 coming into force and having effect in accordance with {reg. 1(1)(6)-(8)}

Marginal Citations

M60 The relevant amending instruments are S.I. 2000/2545 and 2001/3767.

23.  In Schedule 7 M61 (sums to be disregarded in the calculation of income other than earnings)– E+W+S

(a) after paragraph 6 there shall be inserted the following paragraph–

“6A.   Any guardian’s allowance”;

(b) after paragraph 6A there shall be inserted the following paragraph–

“6B.   –

(1) Any child tax credit.

(2) Any child benefit.”, and

(c) in paragraph 26(1) the words “to the extent specified in sub-paragraph (2)” shall be omitted and sub-paragraph (2) of that paragraph shall be omitted, and

(d) after paragraph 26, there shall be inserted the following paragraph–

“26A.   In the case of a claimant who has a child or young person–

(a) who is a member of his family, and

(b) who is residing at an educational establishment at which he is receiving relevant education,

any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.”.

Commencement Information

I51 Sch. 2 para. 23 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations

M61 The relevant amending instruments are S.I. 1998/563 and 2002/2402.

24.  In Schedule 8 M62 (capital to be disregarded)– E+W+S

(a) in paragraph 12(b) at the end there shall be inserted “,working families' tax credit under section 128 of that Act, disabled person’s tax credit under section 129 of that Act, child tax credit, working tax credit,”, and

(b) in paragraph 25 the words “, 106(1)” and the words “, modifications in respect of children and young persons” shall be omitted.

Commencement Information

I52 Sch. 2 para. 24 coming into force and having effect in accordance with {reg. 1(1)(6)-(9)}

Marginal Citations

M62 The relevant amending instrument is S.I. 2002/2380.

Regulations 4 and 5

SCHEDULE 3 E+W+S

PART I E+W+S AMENDMENT OF THE HOUSING BENEFIT REGULATIONS

1.  In regulation 21(1ZA)(b) M63 (calculation of income on a weekly basis) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit or child tax credit ”. E+W+S

Marginal Citations

M63 The relevant amending instrument is S.I. 2001/1471.

2.  In regulation 21A(7) M64 (treatment of child care charges)– E+W+S

(a) in sub-paragraph (b) before the words “tax credit” in each place where they occur there shall be inserted the words “ child care element of working ”; and

(b) for head (c)(ii) there shall be substituted the following head–

“(ii) child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act 2002 M65 (child care element).”.

Marginal Citations

M64 The relevant amending instruments are S.I. 1994/1924, 2001/1864 and 2002/2689.

M65 2002 c. 21.

3.  In regulation 43A M66 (diminishing notional capital rule) sub-paragraphs (c) and (e) of paragraph (3) and sub-paragraphs (c) and (e) of paragraph (4) shall be omitted. E+W+S

Marginal Citations

M66 The relevant amending instruments are S.I. 1990/1775, 1991/235, 1992/2148 and 1999/2566.

4.  In regulation 105(1)(b) (recovery of overpayments from prescribed benefits) the words “, family credit or disability working allowance” shall be omitted. E+W+S

5.  In paragraph 12(1)(a)(i) of Schedule 2 M67 (additional condition for the higher pensioner and disability premiums) for the words “disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M68 ”. E+W+S

Marginal Citations

M67 The relevant amending instruments are S.I. 1988/1971, 1991/2742, 1994/2137, 1995/626 and 1999/2566.

M68 S.I. 2002/2005.

PART II E+W+S AMENDMENT OF THE COUNCIL TAX BENEFIT REGULATIONS

1.  In regulation 13(1ZA)(b) M69 (calculation of income on a weekly basis) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit or child tax credit ”. E+W+S

Marginal Citations

M69 The relevant amending instrument is S.I. 2001/1471.

2.  In regulation 13A(7) M70 (treatment of child care charges)– E+W+S

(a) in sub-paragraph (b) before the words “tax credit” in each place where they occur there shall be inserted the words “ child care element of working ”; and

(b) for sub-paragraph (c)(ii) there shall be substituted the following sub-paragraph–

“(ii) in this paragraph “child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act 2002 M71 (child care element).”

Marginal Citations

M70 The relevant amending instruments are S.I. 2001/1864 and 2002/2689.

M71 2002 c. 21.

3.  In regulation 35 M72 (diminishing notional capital rule) sub-paragraphs (c) and (e) of paragraph (3) and sub-paragraphs (c) and (e) of paragraph (4) shall be omitted. E+W+S

Marginal Citations

M72 The relevant amending instrument is S.I. 1993/688.

4.  In regulation 93 M73 (information to be supplied by an appropriate authority to the Secretary of State) paragraph (3) shall be omitted. E+W+S

Marginal Citations

M73 The relevant amending instrument is S.I.1994/1925.

5.  In paragraph 13(1)(a)(i) of Schedule 1 (additional condition for the higher pensioner and disability premiums) M74 for the words “disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M75 ”. E+W+S

Marginal Citations

M74 The relevant amending instruments are S.I. 1994/2137, 1995/626 and 1999/2566.

M75 S.I. 2002/2005.

Regulation 6

SCHEDULE 4 E+W+S OTHER MISCELLANEOUS CONSEQUENTIAL AMENDMENTS

1.  In the Social Security (Credits) Regulations 1975 M76 – E+W+S

(a) in regulation 2 (interpretation)–

(i) the definition of “disabled person’s tax credit” shall be omitted, and

(ii) for the definition of “working families' tax credit” there shall be substituted the definition–

““working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002 ”;M77

(b) in the heading which precedes regulation 7B M78 (credits for disabled person’s tax credit) for the words “disabled person’s tax credit” there shall be substituted the words “ disability element of working tax credit ”;

(c) in regulation 7B(1) for the words “a disabled person’s tax credit” there shall be substituted the words “ the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in an award of working tax credit which ”;

(d) in the heading which precedes regulation 7C M79 (credits for working families' tax credit) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

(e) in regulation 7C–

(i) at the beginning of paragraph (1), there shall be inserted “ Subject to regulation 7B, ”;

(ii) in paragraphs (1) and (2) for the words “working families' tax credit” there shall be substituted the words “ working tax credit ”;

(iii) in paragraph (3) for the words “working families' tax credit” in sub-paragraphs (a) and (c) there shall be substituted the words “ working tax credit ”, sub-paragraph (b) shall be omitted and the words “as equal” in sub-paragraph (c) shall be omitted, and

(iv) paragraph (5) shall be omitted.

Marginal Citations

M76 S.I. 1975/556. The relevant amending instrument is S.I. 1999/2566.

M77 2002 c. 21.

M78 The relevant amending instruments are S.I. 1991/2772, 1996/2367 and 1999/2566.

M79 The relevant amending instruments are S.I. 1995/2558, 1999/2566 and 2000/1483.

2.  In the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 M80 – E+W+S

(a) in regulation 3(1) (interpretation)–

(i) after the definition of “child” there shall be inserted the following definition “ “child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002 M81 ”,

(ii) after the definition of “family” there shall be inserted the following definition–

““family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 M82 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations[F25 but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002];”, and

(iii) after the definition of “unmarried couple” there shall be inserted the following definition “ “working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002 ”;

(b) in regulation 5 M83 (entitlement) in paragraph (1)(a) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M84 is included in the award or child tax credit payable at a rate higher than the family element ”;

(c) in regulation 6(b) M85 (persons affected by a trade dispute) for the words “working families' tax credit”, in both places where they occur, there shall be substituted the words “ working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in the award or child tax credit payable at a rate higher than the family element. ”;

(d) regulation 6(c) and the word “or” which immediately precedes it shall be omitted;

(e) in regulation 7(1)(a)(i) M86 (entitlement) for the words “working families' tax credit, disabled person’s tax credit” there shall be substituted the words “ working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in the award, child tax credit payable at a rate higher than the family element ”.

Textual Amendments

F25 Words in Sch. 4 para. 2(a)(ii) added (8.8.2003) by Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No.3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(6)

Marginal Citations

M80 S.I. 1987/481.

M81 2002 c. 21.

M82 S.I. 2002/2007.

M83 The relevant amending instruments are S.I. 1988/36, 1991/2742, 1996/1443 and 2000/528.

M84 S.I. 2002/2005.

M85 The relevant amending instruments are S.I. 1988/36 and 1999/2566.

M86 The relevant amending instrument is S.I. 1999/2566.

3.  In regulation 6 M87 (date of claim) of the Social Security (Claims and Payments) Regulations 1987– E+W+S

(a) in paragraph (28)(a) for the words “working families' tax credit or disabled person’s tax credit” there shall be substituted the words “ working tax credit ” ; and

(b) in paragraph (28)(b) after the words “remunerative work” there shall be added the words “ for the purposes of that tax credit ”.

Marginal Citations

M87 S.I. 1987/1968. The relevant amending instruments are S.I. 1997/793 and 1999/2572.

4.  In regulation 2B(2) M88 (relaxation of the first contribution condition in certain cases) of the Social Security (Incapacity Benefit) Regulations 1994 after sub-paragraph (b)(ii) there shall be inserted the following head– E+W+S

“(iii) who was entitled to working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 was included in the award; or”.

Marginal Citations

M88 S.I. 1994/2946. The relevant amending instrument is S.I. 2000/3120.

5.  Paragraph 5 of Schedule 1 and paragraph 5 of Schedule 2 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 M89 shall be omitted. E+W+S

Marginal Citations

M89 S.I. 2002/2402.

6.  Paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 shall be omitted. E+W+S

Commencement Information

I53 Sch. 4 para. 6 coming into force in accordance with {reg. 1(10)(a)}

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the Jobseeker’s Regulations”) so as to remove, in accordance with section 1 of the Tax Credits Act 2002 (“the 2002 Act”), the special amounts and premia in income support and jobseeker’s allowance for those with responsibility for children and young persons.

These Regulations further amend the Income Support Regulations; the Jobseeker’s Allowance Regulations; the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971); the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814); the Social Security (Credits) Regulations 1975 (S.I. 1975/556); the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481); the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) and the Social Security (Incapacity Benefit) Regulations 1994 (S.I. 1994/2946) to make further consequential provision and transitional arrangements in connection with the introduction of child tax credit and working tax credit by the 2002 Act.

These Regulations do not impose a charge on business.