The Tax Credits (Miscellaneous Amendments) Regulations 2009

Amendment of the Tax Credits (Claims and Notifications) Regulations 2002

19.  For Regulation 26A (date of notification – disability element and severe disability element for child tax credit) substitute—

“Date of notification – disability element and severe disability element of child tax credit

26A.— (1) In the circumstances prescribed by paragraph (2), the notification of a change in circumstances is to be treated as having been given on the date prescribed by paragraph (3).

(2) The circumstances prescribed by this paragraph are where–

(a) a notification is given of a change of circumstances in respect of a claim to child tax credit which results in the Board making an award of the disability element or the severe disability element of child tax credit (or both of those elements) in favour of a person or persons, in respect of a child; and

(b) the notification date is within 3 months of the date that a claim for a disability living allowance in respect of the child is determined in favour of those persons (or one of them).

(3) The date prescribed by this paragraph is the latest of the following:

(a) the first date in respect of which the disability living allowance was payable;

(b) the date falling 3 months before the claim for the disability living allowance was made;

(c) the date the claim for child tax credit was made (or treated as made under regulation 7).”.