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

Regulation 3

SCHEDULE 2 AMENDMENTS TO JOBSEEKER'S ALLOWANCE REGULATIONS

1.  In regulation 2A(1) (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

2.  In regulation 83(2) (applicable amounts)–

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

(b) in paragraph (c) 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”.

3.  In regulation 84(3) (polygamous marriages)–

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

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

4.  In regulation 85(4) (special cases)–

(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”.

5.  In regulation 86B(c)(5) (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”.

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

(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.

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

8.  In regulation 103(7) (calculation of income other than earnings)–

(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”.

9.  Regulation 104(3)(8) (capital treated as income) shall be omitted.

10.  In regulation 105(9) (notional income)–

(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”.

11.  Regulation 106(10) (modifications in respect of children and young persons) and regulation 109 (disregard of capital of child or young person) shall be omitted.

12.  In regulation 110(11) (income treated as capital) paragraphs (8) and (10)(b) shall be omitted.

13.  In regulation 113(12) (notional capital)–

(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)”.

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

15.  In regulation 121(13) (period over which payments other than periodical payments are to be taken into account)–

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”;

(a) 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”;

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

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

16.  In regulation 131(14) (calculation of grant income)–

(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”, and

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

17.  In regulation 136A(3)(15) (treatment of payments from access funds) and regulation 138(3)(16) (income treated as capital)–

(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”.

18.  In regulation 140(5)(a)(17) (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(18)”.

19.  In regulation 148(1)(19) (applicable amount in urgent cases)–

(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.

20.  In Schedule 1(20) (applicable amounts)–

(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(21)”;

(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”.

21.  In Schedule 5(22) (applicable amounts in special cases)–

(a) paragraph 2 in Columns (1) and (2) and paragraph 9(a) in Column (2) shall be omitted;

(b) in paragraph 9(b) in Column (2) for the words “83(d) or (f)” there shall be substituted the words “83(f)”;

(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;”, and

(d) in paragraph 15, sub-paragraph (1)(d) in Columns (1) and (2) shall be omitted.

22.  In Schedule 6(23) (sums to be disregarded in the calculation of earnings)–

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

(b) paragraph 18 shall be omitted.

23.  In Schedule 7(24) (sums to be disregarded in the calculation of income other than earnings)–

(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.”.

24.  In Schedule 8 (25)(capital to be disregarded)–

(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.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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

(17)

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

(18)

S.I. 2002/2007.

(19)

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

(20)

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.

(21)

S.I. 2002/2005.

(22)

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

(23)

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

(24)

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

(25)

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