The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

PART 2U.K. CONDITIONS OF ENTITLEMENT

Basic elementU.K.

Entitlement to basic element of Working Tax Credit: qualifying remunerative workU.K.

4.—(1) Subject to the qualification in paragraph (2), a person shall be treated as engaged in qualifying remunerative work if, and only if, he satisfies all of the following conditions [F1(and in the case of the Second condition, one of the variations in that condition)].

  • First condition

    The person—

    (a)

    is working at the date of the claim; or

    (b)

    has an offer of work which he has accepted at the date of the claim and the work is expected to commence within 7 days of the making of the claim.

    In relation to a case falling within sub-paragraph (b) of this condition, references in the second third and fourth conditions below to work which the person undertakes are to be construed as references to the work which the person will undertake when it commences.

    In such a case the person is only to be treated as being in qualifying remunerative work when he begins the work referred to in that sub-paragraph.

  • Second condition

    [F2First variation: In the case of a single claim, the person—]

    (a)

    [F3is aged at least 16 and—

    (i)

    undertakes work for not less than 16 hours per week,

    (ii)

    F4... is responsible for a child or qualifying young person, or he has a physical or mental disability which puts him at a disadvantage in getting a job and satisfies regulation 9(1)(c),]

    (b)

    F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    is aged at least 25 and undertakes not less than 30 hours work per week F6...[F7; or

    (d)

    is aged at least 60 and undertakes not less than 16 hours work per week]

    [F8Second variation: In the case of a joint claim where neither person is responsible for a child or qualifying young person, the person—

    (a)

    is aged at least 16 and undertakes work for not less than 16 hours per week and has a physical or mental disability which puts that person at a disadvantage in getting a job and satisfies regulation 9(1)(c);

    (b)

    is aged at least 25 and undertakes work for not less than 30 hours per week; or

    (c)

    is aged at least 60 and undertakes work for not less than 16 hours per week.

    Third variation: In the case of a joint claim where a person or that person’s partner is responsible for a child or qualifying young person, the person—

    (a)

    is aged at least 16 and is a member of a couple where at least one partner undertakes work for not less than 16 hours per week and the aggregate number of hours for which the couple undertake work is not less than 24 hours per week;

    (b)

    is aged at least 16 and undertakes work for not less than 16 hours per week and has a physical or mental disability which puts that person at a disadvantage in getting a job and satisfies regulation 9(1)(c);

    (c)

    is aged at least 16 and undertakes work for not less than 16 hours per week and that person’s partner is—

    (i)

    incapacitated and satisfies any of the circumstances in regulation 13(4) to (8); or

    (ii)

    an in-patient in hospital; or

    (iii)

    in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence); or

    (iv)

    entitled to carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992;

    (d)

    is aged at least 60 and undertakes work for not less than 16 hours per week.]

  • Third condition

    The work which the person undertakes is expected to continue for at least 4 weeks after the making of the claim or, in a case falling within sub-paragraph (b) of the first condition, after the work starts.

  • Fourth condition

    The work is done for payment or in expectation of payment.

    F9...

    [F10A social security benefit is not payment for the purposes of satisfying this condition.]

[F11(1A) For the purposes of interpretation of paragraph (1)—

(a)paragraphs (3) and (4) provide the method of determining the number of hours of qualifying remunerative work that a person undertakes;

(b)regulations 5, 5A, 6 and 7A and 7B apply in relation to periods of absence from work connected with childbirth or adoption, sickness, strike periods or suspension from work;

(c)regulations 7 and 7C apply to term time and seasonal workers and where pay is received in lieu of notice;

(d)regulation 7D applies where a person or, in the case of a joint claim, one or both persons cease to work or reduce their hours to the extent that they no longer satisfy the Second condition in paragraph (1);

(e)regulation 8 applies where there is a gap between jobs;

(f)regulation 9 prescribes the conditions which must be satisfied by, or exist in relation to, a person so that he is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.]

(2) A person who would otherwise satisfy the conditions in paragraph (1) shall not be regarded as engaged in qualifying remunerative work to the extent that he is—

(a)engaged by a charitable or voluntary organisation, or is a volunteer, if the only payment received by him or due to be paid to him is a payment by way of expenses which falls to be disregarded under item 1 in Table 7 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;

(b)engaged in caring for a person who is not a member of his household but is temporarily residing with him if the only payment made to him for providing that care is disregarded income by virtue of item 3 or 4 in Table 8 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;

(c)engaged on a scheme for which a training allowance is being paid;

(d)participating in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996M1or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996M2;

(e)engaged in an activity in respect of which—

(i)a sports award has been made, or is to be made, to him, and

(ii)no other payment is made, or is expected to be made, to him; or

(f)participating in an employment zone programme, that is to say a programme established for one or more areas designated pursuant to section 60 of the Welfare Reform and Pensions Act 1999M3, and subject to [F12the Employment Zones Regulations 2003 and the Employment Zones (Allocation to Contractors) Pilot Regulations 2005] if he receives no payments under that programme other than—

(i)discretionary payments disregarded in the calculation of a claimant’s income under item 6(b) in [F13Table 6] in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002; or

(ii)training premiums.

[F14This is subject to the following qualification.]

[F15(g)a person who—

(i)is serving a custodial sentence or has been remanded in custody awaiting trial or sentence, and

(ii)is engaged in work (whether inside or outside a prison) while he is serving the sentence or remanded in custody.]

[F16(2A) Neither sub-paragraph (c) nor sub-paragraph (d) of paragraph (2) applies if—

(a)in a case falling within sub-paragraph (c), the training allowance, or

(b)in a case falling within sub-paragraph (d), any payment made by the Secretary of State, or, in Northern Ireland, by the Department for Social Development, in connection with the Intensive Activity Period,

is chargeable to income tax as the profits of a trade, profession or vocation.]

(3) The number of hours for which a person undertakes qualifying remunerative work is—

(a)in the case of an apprentice, employee or office-holder the number of hours of such work which he normally performs—

(i)under the contract of service or of apprenticeship under which he is employed; or

(ii)in the office in which he is employed;

(b)in the case of an agency worker, the number of hours in respect of which remuneration is normally paid to him by an employment agency with whom he has a contract of employment; or

(c)in the case of a person who is self-employed, the number of hours he normally performs for payment or in expectation of payment.

This is subject to the following qualification.

(4) In reckoning the number of hours of qualifying remunerative work which a person normally undertakes—

(a)any period of customary or paid holiday, and

(b)any time allowed for meals or refreshment, unless the person is, or expects to be paid earnings in respect of that time,

shall be disregarded.

[F17(5) In reckoning the number of hours of qualifying remunerative work which a person normally undertakes, any time allowed for visits to a hospital, clinic or other establishment for the purpose only of treating or monitoring the person’s disability shall be included; but only if the person is, or expects to be, paid in respect of that time.]

Textual Amendments

Marginal Citations

M1S.I. 1996/207. Regulation 75 was substituted by S.I. 1997/2863 and relevant amendments were made by S.I. 2000/721 and 1978 and 2001/1029.

M2S.R. 1996 No. 198. Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and paragraph (1)(a)(v) inserted by regulation 5(a) of S.R. 2001 No. 151.

[F18Time off in connection with [F19childbirth] and adoptionU.K.

5.—(1) This regulation applies for any period during which a person—

(a)is paid maternity allowance,

(b)is paid statutory maternity pay,

(c)is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996 or Article 103 of the Employment Rights (Northern Ireland) Order 1996,

[F20(ca)is absent from work during the first 13 weeks of an additional maternity leave period under section 73 of the Employment Rights Act 1996 or article 105 of the Employment Rights (Northern Ireland) Order 1996,]

(d)is paid [F21ordinary statutory paternity pay],

[F22(da)is paid additional statutory paternity pay,]

(e)[F23is absent from work during an ordinary paternity leave period under sections 80A or 80B of the Employment Rights Act 1996 or Articles 112A or 112B of the Employment Rights (Northern Ireland) Order 1996,]

[F24(ea)is absent from work during an additional paternity leave period under sections 80AA or 80BB of the Employment Rights Act 1996 or Articles 112AA or 112BB of the Employment Rights (Northern Ireland) Order 1996,]

(f)is paid statutory adoption pay, F25...

(g)is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996 or Article 107A of the Employment Rights (Northern Ireland) Order 1996[F26, or

(ga)is absent from work during the first 13 weeks of an additional adoption leave period under section 75B of the Employment Rights Act 1996 or article 107B of the Employment Rights (Northern Ireland) Order 1996]

(2) For the purposes of the [F27conditions of entitlement in this Part], the person is treated as being engaged in qualifying remunerative work during the period.

  • This is subject to [F28paragraphs (3), (3A) and regulation 7D].

(3) The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.

[F29(3A) A person shall only be treated as being engaged in qualifying remunerative work by virtue of paragraph (1)(ea) for such period as that person would have been paid additional statutory paternity pay had the conditions of entitlement in Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations 2010 or Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 been satisfied.]

(4) A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which paragraph (1) would have applied in his case but for the fact that the work he performed in the week immediately before the period began, although done for payment or in the expectation of payment, was not performed under a contract of service or apprenticeship.]

Textual Amendments

[F30Time off in connection with childbirth and placement for adoption: further provisionsU.K.

5A.—(1) This regulation applies to a person for any period—

(a)which falls within a period to which regulation 5 applies; and

(b)which follows the birth or the placement for adoption of the child in connection with whose birth or placement entitlement to the allowance, pay or leave mentioned in regulation 5(1) arises.

(2) [F31A person who would have been treated as being engaged in qualifying remunerative work if they or, in the case of a joint claim, they or their partner had been responsible for a child or qualifying young person], immediately before the beginning of a period to which regulation 5 applies, shall be treated as [F32being engaged in qualifying remunerative work for the purposes of the conditions of entitlement in this Part] during the period mentioned in paragraph (1) above.

(3) Paragraph (4) of regulation 5 applies for the purpose of this regulation as it applies for the purpose of that regulation.]

[F33(4) This regulation is subject to regulation 7D.]

Textual Amendments

[F34Periods of illness [F35or incapacity for work][F35, incapacity for work or limited capability for work]U.K.

6.—(1) This regulation applies for any period during which a person—

(a)is paid statutory sick pay,

(b)is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Contributions and Benefits Act,

(c)is paid income support on the grounds of incapacity for work under paragraphs 7 and 14 of Schedule 1B to the Income Support (General) Regulations 1987, [F36or]

[F36(cc)is paid an employment and support allowance under Part 1 of the Welfare Reform Act, or]

(d)receives national insurance credits on the grounds of incapacity for work [F37or limited capability for work] under regulation 8B of the Social Security (Credits) Regulations 1975.

(2) For the purposes of the [F38conditions of entitlement in this Part], the person is treated as being engaged in qualifying remunerative work during the period.

  • This is subject to [F39paragraphs (3), (4) and regulation 7D].

(3) The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.

(4) If the person is paid income support as specified in paragraph (1)(c) [F40or employment and support allowance as specified in paragraph (1)(cc)] or receives national insurance credits as specified in paragraph (1)(d) he is treated as being engaged in qualifying remunerative work for a period of 28 weeks only, beginning with the day on which he is first paid income support [F41or employment and support allowance] or receives national insurance credits (as the case may be).

(5) A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which paragraph (1) would have applied in his case but for the fact that the work he performed in the week immediately before the period began, although done for payment or in the expectation of payment, was not performed under a contract of service or apprenticeship.]

Textual Amendments

Term time and other seasonal workersU.K.

7.—(1) For the purposes of the [F42conditions of entitlement in this Part], paragraph (2) applies if a person—

(a)works at a school, other educational establishment or other place of employment,

(b)there is a recognisable cycle to his employment there; and

(c)the length of that recognisable cycle is one year and includes periods of school holidays or similar vacations during which he does not work.

(2) If this paragraph applies, the periods mentioned in paragraph (1)(c) are disregarded in determining whether the [F42conditions of entitlement in this Part] are satisfied.

Textual Amendments

[F43Strike periodsU.K.

7A.—(1) This regulation applies for any period during which a person is on strike.

(2) For the purposes of the [F44conditions of entitlement in this Part], the person is treated as being engaged in qualifying remunerative work during the period.

  • This is subject to [F45paragraph (3) and regulation 7D].

(3) The person—

(a)must have been engaged in qualifying remunerative work immediately before the beginning of the period, and

(b)must not be on strike for longer than a period of ten consecutive days on which he should have been working.]

Textual Amendments

[F43Persons suspended from workU.K.

7B.—(1) This regulation applies for any period during which a person is suspended from work while complaints or allegations against him are investigated.

(2) For the purposes of the conditions in regulation 4(1), the person is treated as being engaged in qualifying remunerative work during the period.

  • This is subject to [F46paragraph (3) and regulation 7D].

(3) The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.]

Textual Amendments

[F43Pay in lieu of noticeU.K.

7C.—(1) This regulation applies if a person stops work and receives pay in lieu of notice.

(2) For the purposes of the conditions in regulation 4(1), the person shall not be treated as being engaged in qualifying remunerative work during the period for which he receives the pay.

[F47(3) This regulation is subject to regulation 7D.]]

Textual Amendments

[F48Ceasing to undertake work or working for less than 16[F49, 24] or 30 hours per weekU.K.

7D.—(1) This regulation applies for the four-week period immediately after—

(a)a person, not being a member of a couple, who is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,

(b)a person, being a member of a couple only one of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,

(c)both members of a couple, each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, cease to work or start to work less than 16 hours per week,

(d)a person, being a member of a couple who is entitled to the childcare element of working tax credit each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or start to work less than 16 hours per week, or

(e)a person who satisfies paragraph (c) [F50of the first variation or paragraph (b) of the second variation] of the second condition in regulation 4(1) and who is engaged in qualifying remunerative work for not less than 30 hours per week, ceases to work or starts to work less than 30 hours per week.

[F51(f)one or both members of a couple who satisfy paragraph (a) of the third variation of the Second condition in regulation 4(1) and are engaged in qualifying remunerative work cease to work or reduce their hours to the extent that they cease to meet the condition that one member of the couple works not less than 16 hours per week and the aggregate number of hours for which the couple are engaged in qualifying remunerative work is not less than 24 hours per week.]

(2) For the purposes of the conditions of entitlement in this Part, the person is treated as being engaged in qualifying remunerative work during that period.]

Textual Amendments

Gaps between jobsU.K.

8.  For the purposes of the [F52conditions of entitlement in this Part] a person shall be treated as being engaged in qualifying remunerative work for the requisite number of hours if he has been so engaged within the past 7 days.

Textual Amendments

Disability elementU.K.

Disability element and workers who are to be treated as at a disadvantage in getting a jobU.K.

[F539.—(1) The determination of the maximum rate must include the disability element if the claimant, or, in the case of a joint claim, one of the claimants—

(a)undertakes qualifying remunerative work for at least 16 hours per week;

(b)has any of the disabilities listed in Part 1 of Schedule 1, or in the case of an initial claim, satisfies the conditions in Part 2 of Schedule 1; and

(c)is a person who satisfies any of Cases A to G on a day for which the maximum rate is determined in accordance with these Regulations.

(2) [F54Case A is where the person has been in receipt of the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance for at least one day in the preceding 182 days.]

[F54Case A is where the person has, for at least one day in the preceding 182 days (“the qualifying day”), been in receipt of—

(a)higher rate short-term incapacity benefit;

(b)long-term incapacity benefit;

(c)severe disablement allowance; or

(d)employment and support allowance [F55or a limited capability for work credit,] where entitlement to employment and support allowance [F56or that credit] or statutory sick pay [F57or a benefit or allowance mentioned in sub–paragraphs (a) to (c) or the income support payable under paragraph (3)(a),] has existed for a period of 28 weeks immediately preceding the qualifying day comprising one continuous period or two or more periods which are linked together.]

(3) Case B is where, for at least one day in the preceding 182 days, the person has been a person [F58for whom at least one of the following benefits has been payable and for whom the applicable amount] included a higher pensioner or disability premium [F59in respect of him] determined—

(a)in the case of income support, in accordance with [F60paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12,] of Part III of Schedule 2 to the Income Support (General) Regulations 1987;

(b)in the case of income-based jobseeker’s allowance, in accordance with [F61paragraphs 12(1)(a), or (b)(ii), or (c), or 13, and where applicable 14 of Part 3 of] Schedule 1 to the Jobseeker’s Allowance Regulations 1996;

(c)in the case of housing benefit, in accordance with [F62[F63paragraphs 10(1)(b) or (2)(b) or 11, and where applicable, 12] of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987] [F62paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 Schedule 3 of the Housing Benefit Regulations 2006];

(d)in the case of council tax benefit, in accordance with [F64[F65paragraphs 11(1)(b) or (2)(b) or 12, and where applicable, 13] of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992] [F64paragraphs 11(1)(b) or 11(2)(b) or 12, and where applicable, 13 of Part 3 of Schedule 1 of the Council Tax Benefit Regulations 2006] .

For the purposes of this Case “the applicable amount” has the meaning given by section 135 of the Contributions and Benefits Act.

(4) Case C is where the person is a person to whom at least one of the following is payable—

(a)a disability living allowance;

(b)an attendance allowance;

(c)a mobility supplement or a constant attendance allowance which is paid, in either case, in conjunction with a war pension or industrial injuries disablement benefit.

[F66(d)personal independence payment.]

[F67(e)armed forces independence payment.]

(5) Case D is where the person has an invalid carriage or other vehicle provided under—

(a)section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977,

(b)section 46 of the National Health Service (Scotland) Act 1978, or

(c)Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.

(6) Case E is where the person—

(a)[F68has received, on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days];

[F68has received—

(i)on account of his incapacity for work, statutory sick pay, occupational sick pay, short-term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days; or

(ii)on account of his [F69incapacity for work or] having limited capability for work, an employment and support allowance[F70, or the pay or benefit mentioned in paragraph (i),] for a period of 140 qualifying days, or has been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of [F71incapacity for work or] having limited capability for work, and where the last of those days or weeks (as the case may be) fell within the preceding 56 days;]

(b)has a disability which is likely to last for at least six months, or for the rest of his life if his death is expected within that time; and

(c)has gross earnings which are less than they were before the disability began by at least the greater of 20 per cent. and £15 per week.

For the purpose of this Case “qualifying days” are days which form part of a single period of incapacity for work within the meaning of Part 11 of the Contributions and Benefits Act [F72or a period of limited capability for work within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations 2008].

(7) Case F is where the person—

(a)has undertaken training for work for at least one day in the preceding 56 days; and

(b)[F73has received the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance within 56 days before the first day of that period of training for work.]

[F73has, within 56 days before the first day of that period of training for work, received—

(i)higher rate short-term incapacity benefit;

(ii)long-term incapacity benefit;

(iii)severe disablement allowance; or

(iv)contributory employment and support allowance [F74or a limited capability for work credit,] where entitlement to that allowance [F75or credit] or statutory sick pay [F76or a benefit or allowance mentioned in paragraphs (i) to (iii),] has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.]

  • Regulation 9B explains the meaning of “training for work” and of a period of training for work.

(8) Case G is where the person was entitled, [F77for at least one day in the preceding 56 days], to the disability element of working tax credit or to disabled person’s tax credit by virtue of his having satisfied the requirements of Case A, B, E or F at some earlier time.

  • For the purposes of this Case a person is treated as having an entitlement to the disability element of working tax credit if that element is taken into account in determining the rate at which the person is entitled to a tax credit.

(9) For the purposes of the Act, a person who satisfies paragraph (1)(b) is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.]

Textual Amendments

[F53Initial claimsU.K.

9A.—(1) In regulation 9(1)(b) an “initial claim” means a claim which—

(a)is made for the disability element of working tax credit, and

(b)relates to a person who has not had an entitlement to that element or to disabled person’s tax credit during the two years immediately preceding the making of the claim.

(2) In paragraph (1) any reference to the making of a claim includes the giving of notification, in accordance with regulation 20 of the Tax Credits (Claims and Notifications) Regulations 2002, of a change of circumstances falling within that regulation.

(3) For the purposes of paragraph (1)(b) a person is treated as having an entitlement to the disability element of working tax credit if, by virtue of the person being a person who satisfies regulation 9, that element is taken into account in determining the rate at which the person is entitled to a tax credit.]

Textual Amendments

[F53Training for work etc.U.K.

9B.—(1) In [F78regulation 9] “training for work” means training for work received—

(a)in pursuance of arrangements made under—

(i)section 2(1) of the Employment and Training Act 1973,

(ii)section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, or

(iii)section 1(1) of the Employment and Training Act 1950, or

(b)on a course whose primary purpose is the teaching of occupational or vocational skills, and which the person attends for 16 hours or more a week.

(2) For the purposes of regulation 9(7) a period of training for work means a series of consecutive days of training for work, there being disregarded any day specified in paragraph (3).

(3) Those days are any day on which the claimant was—

(a)on holiday;

(b)attending court as a justice of the peace, a party to any proceedings, a witness or a juror;

(c)suffering from some disease or bodily or mental disablement as a result of which he was unable to attend training for work, or his attendance would have put at risk the health of other persons;

(d)unable to participate in training for work because—

(i)he was looking after a child because the person who usually looked after that child was unable to do so;

(ii)he was looking after a member of his family who was ill;

(iii)he was required to deal with some domestic emergency; or

(iv)he was arranging or attending the funeral of his partner or a relative; or

(e)authorised by the training provider to be absent from training for work.

(4) For the purposes of paragraph (3)(d)(iv) “relative” means close relative, grandparent, grandchild, uncle, aunt, nephew or niece; and in this paragraph “close relative” means parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple.]

Textual Amendments

30 hour elementU.K.

30 hour elementU.K.

10.—(1) The determination of the maximum rate must include a 30 hour element if the claimant, or in the case of a joint claim, at least one of the claimants, is engaged in qualifying remunerative work for at least 30 hours per week.

(2) The determination of the maximum rate must also include the 30 hour element if—

(a)the claim is a joint claim,

(b)at least one of the claimants is responsible for one or more children or qualifying young people,

(c)the aggregate number of hours for which the couple engage in qualifying remunerative work is at least 30 hours per week, and

(d)at least one member of the couple engages in qualifying remunerative work for at least 16 hours per week.

F79(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Second adult elementU.K.

Second adult elementU.K.

[F8011.—(1) The determination of the maximum rate must include the second adult element if the claim is a joint claim.

  • This is subject to the following provisions of this regulation.

F81(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82(4) The determination of the maximum rate shall F83... not include the second adult element if neither claimant has responsibility for a child or qualifying young person, and

(a)one claimant is serving a custodial sentence of more than twelve months, or

(b)one claimant is subject to immigration control within the meaning of [F84section 115(9)] of the Immigration and Asylum Act 1999.]

[F85(5) Paragraph (4)(b) does not apply where the claimant subject to immigration control is a person to whom Case 4 of regulation 3(1) of the Tax Credits (Immigration) Regulations 2003 applies.]]

Textual Amendments

Lone parent elementU.K.

Lone parent elementU.K.

12.  The determination of the maximum rate must include the lone parent element if—

(a)the claim is a single claim; and

(b)the claimant is responsible for [F86a child or qualifying young person].

Textual Amendments

Child care elementU.K.

Entitlement to child care element of working tax creditU.K.

13.—(1) The determination of the maximum rate must include a child care element where that person, or in the case of a joint claim at least one of those persons, is incurring relevant child care charges and—

(a)is a person, not being a member of a F87... couple, engaged in [F88qualifying remunerative work];

[F89(b)is a member or are members of a F87... couple where both are engaged in qualifying remunerative work [F90for not less than 16 hours per week]; or

(c)is a member or are members of a F87... couple where one is engaged in qualifying remunerative work [F90for not less than 16 hours per week] and the other—

(i)is incapacitated;

(ii)is an in-patient in hospital; or

(iii)is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence)F91...][F92; or]

[F93(iv)is entitled to carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992.]

(2) For the purposes of paragraph (1) a person is not treated as incurring relevant child care charges where the average weekly charge calculated in accordance with regulation 15 is nil or where an agreement within regulation 15(4) has not yet commenced.

F94(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95(4) For the purposes of paragraph (1)(c)(I) the other member of a couple is incapacitated in any of the circumstances specified in paragraphs (5) to (8).]

(5) The circumstances specified in this paragraph are where either council tax benefit or housing benefit is payable under Part 7 of the Contributions and Benefits Act to the other member or his partner and the applicable amount of the person entitled to the benefit includes—

(a)a disability premium; or

(b)a higher pensioner premium by virtue of the satisfaction of—

(i)in the case of council tax benefit, [F96paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 ]M4 [F96paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit Regulations 2006];

(ii)in the case of housing benefit, [F97paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations 1987 ]M5 [F9711(2)(b) of Schedule 3 to the Housing Benefit Regulations 2006],

on account of the other member’s incapacity or either [F98regulation 13A(1)(c) of Council Tax Benefit (General) Regulations 1992] [F98regulation 18(1)(c) of the Council Tax Benefit Regulations 2006] (treatment of child care charges) M6 or, as the case may be, [F99regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987] [F99regulation 28(1)(c) of the Housing Benefit Regulations 2006] (treatment of child care charges) M7 applies in that person’s case;

(6) The circumstances specified in this paragraph are where there is payable [F100or – in the case of a credit – an entitlement] in respect of him one or more of the following F101...—

(a)short-term incapacity benefit [F102payable at the higher rate] under section 30A of the Contributions and Benefits Act M8;

(b)long term incapacity benefit under section 40 or 41 of the Contributions and Benefits Act M9;

(c)attendance allowance under section 64 of that Act;

(d)severe disablement allowance under section 68 of that Act;

(e)disability living allowance under section 71 of that Act;

(f)increase of disablement pension under section 104 of that Act;

(g)a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under sub-paragraph (b), (d) or (e) above.

[F103(h)contributory employment and support allowance [F104or a limited capability for work credit,] where entitlement to that allowance [F105or credit] or statutory sick pay [F106or a benefit or allowance mentioned in sub-paragraph (a) or (b) or (d),] has existed for a period of 28 weeks comprising one continuous period or two or more periods which are linked together provided that, if the person received statutory sick pay, the person satisfied the first and second contribution conditions set out in paragraphs 1 and 2 of Schedule 1 to the Welfare Reform Act.]

[F107(i)personal independence payment.]

[F108(j)armed forces independence payment.]

(7) The circumstances specified in this paragraph are where a pension or allowance to which sub-paragraph [F109(c)], (d), (e) or (f) of paragraph (6) refers, was payable on account of his incapacity but has ceased to be payable only in consequence of his becoming a patient.

(8) The circumstances specified in this paragraph are where he has an invalid carriage or other vehicle provided to him under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 M10, section 46 of the National Health Service (Scotland) Act 1978 M11; or Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 M12.

Textual Amendments

Marginal Citations

M6Regulation 46A was inserted by regulation 2 of S.I. 1994/1924.

M7Regulation 21A was inserted by regulation 5 of S.I. 1994/1924.

M8Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c.18) and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c.30).

M9Sections 40 and 41 were substituted by paragraphs 8 and 9 respectively of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. Section 41(5) was further amended by paragraph 21(4) of Schedule 4 to the Pensions Act 1995.

14.—(1) [F110Subject to paragraph (1A),] for the purposes of section 12 of the Act charges incurred for child care are charges paid by the person, or in the case of a joint claim, by either or both of the persons, for child care provided for any child for whom the person, or at least one of the persons, is responsible [F111within the meaning of regulation 3 of the Child Tax Credit Regulations 2002].

In these Regulations, such charges are called “relevant child care charges”.

[F112(1A) Child care charges do not include charges in respect of care provided by

[F113(a) a relative of the child, wholly or mainly in the child’s home, or ]

F114(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115(c)a provider mentioned in regulation 14(2)(c)(v), in circumstances where the care is excluded from being qualifying child care by Article 4(2)(c) of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006.]

[F116(d)a provider mentioned in [F117regulation 14(2)(f)(vii)], in circumstances where the care is excluded from being qualifying child care by Article 5(3)(d) of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.]

[F118(e)a foster parent[F119, a foster carer or a kinship carer] in respect of a child whom [F120that person is fostering or is looking after as the child’s kinship carer].]]

[F112(1B) For the purposes of this regulation—

(a)“relative” means parent, grandparent, aunt, uncle, brother or sister whether by blood, half blood, marriage[F121, civil partnership] or affinity;

(b)“the child’s home” means the home of the person, or in the case of a joint claim of either or both of the persons, responsible for the child.]

[F122(c)“foster parent” in relation to a child—

(i)in relation to England, means a person with whom the child is placed under the Fostering Services Regulations 2002;

(ii)in relation to Wales, means a person with whom the child is placed under the Fostering Services (Wales) Regulations 2003;

(iii)in relation to Northern Ireland, means a person with whom the child is placed under the Foster Placement (Children) Regulations (Northern Ireland) 1996; and

(d)“foster carer” and “kinship carer” have the meanings given in regulation 2 of the Looked After Children (Scotland) Regulations 2009.]

(2) “Child care” means care provided for a child—

(a)in England F123...—

F124(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F126(iia)by a person registered under Part 3 of the Childcare Act 2006;]

[F127(iii)in respect of any period on or before the last day the child is treated as a child for the purpose of this regulation by or under the direction of the proprietor of a school on the school premises [F128(subject to paragraph (2B))];]

(iv)F129...; F130...

F131(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002; F133...

F133(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in Scotland—

(i)by a person in circumstances where the care service provided by him consists of child minding or of day care of children within the meaning of [F134schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act]; F135...

[F136(ia)by a child care agency where the service consists of or includes supplying, or introducing to persons who use the service, child carers within the meaning of] [F137paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or]

(ii)by a local authority in circumstances where the care service provided by the local authority consists of child minding or of day care of children within the meaning of [F138schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act; or]; F139...

F140(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in Northern Ireland—

(i)by persons registered under Part XI of the Children (Northern Ireland) Order 1995 M13; F141...

(ii)by institutions and establishments exempt from registration under that Part by virtue of Article 121 of that Order; or

[F142(iii)in respect of any period ending on or before the day on which he ceases to be a child for the purposes of this regulation, where the care is provided out of school hours by a school on school premises or by an Education and Library Board or a Health and Social Services Trust; or

F143(iv)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F144(v)by a child care provider approved in accordance with the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006.][F145; or

(vi)by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would fall within one of the descriptions in paragraph (2C);]

(d)[F146anywhere outside the United Kingdom]—

(i)by a child care provider approved by an accredited organisation within the meaning given by regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 2002 M14; or

F147(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F149(f)in Wales—

(i)by persons registered under [F150Part 2 of the Children and Families (Wales) Measure 2010];

(ii)[F151by a person in circumstances where, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010;]

(iii)in respect of any period on or before the last day he is treated as a child for the purposes of this regulation, where the care is provided out of school hours, by a school on school premises or by a local authority;

(iv)by a child care provider approved by an accredited organisation within the meaning given by regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 1999;

F152(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004; F153...

(vii)by a child care provider approved under the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.][F154; or

(viii)by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would fall within one of the descriptions in paragraph (2D).]

[F155(2A) In paragraph (2)(a)(iii)—

“proprietor”, in relation to a school, means –

(a)

the governing body incorporated under section 19 of the Education Act 2002, or

(b)

if there is no such body, the person or body of persons responsible for the management of the school;

“school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”) is or may be required to inspect;

“school premises” means premises that may be inspected as part of an inspection of the school by the Chief Inspector.

(2B) Care provided for a child in England is not [F156child care] under paragraph (2)(a)(iii) if—

(a)it is provided during school hours for a child who has reached compulsory school age, or

(b)it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.]

[F157(2C) The descriptions referred to in paragraph (2)(c)(vi) are—

(a)child minding or day care for the purposes of Part 11 of the Children (Northern Ireland) Order 1995; and

(b)qualifying child care for the purposes of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006.]

[F157(2D) The descriptions referred to in paragraph (2)(f)(viii) are—

(a)child minding, or day care, for the purposes of Part 2 of the Children and Families (Wales) Measure 2010; and

(b)qualifying child care for the purposes of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.]

(3) For the purposes of this regulation a person is a child until the last day of the week in which falls the 1st September following that child’s fifteenth birthday (or sixteenth birthday if the child is disabled).

(4) For the purposes of paragraph (3) a child is disabled where—

(a)a disability living allowance is payable in respect of that child, or has ceased to be payable solely because he is a patient;

(b)the child is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 M15 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of [F158a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], or, in Northern Ireland has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; F159...

(c)the child ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim;F160...

(d)[F161personal independence payment is payable in respect of that child, or would be payable but for regulations under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012][F162; or

(e)armed forces independence payment is payable in respect of that child.]

(5) Charges paid in respect of the child’s compulsory education or charges paid by a person to a partner or by a partner to the person in respect of any child for whom either or any of them is responsible are not relevant child care charges.

(6) Where regulation 15(4) (agreement for the provision of future child care) applies—

(a)the words “charges paid” in paragraph (1) include charges which will be incurred, and

(b)the words “child care provided” in paragraph (1) include care which will be provided.

F163(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Relevant child care charges are calculated on a weekly basis in accordance with regulation 15.

Textual Amendments

F139Word in reg. 14(2)(b)(ii) omitted (6.4.2011) by virtue of The Tax Credits (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/721), regs. 1, 3(3)(a)

F153Word in reg. 14(2)(f)(vi) omitted (6.4.2011) by virtue of The Tax Credits (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/721), regs. 1, 3(5)(d)

Modifications etc. (not altering text)

C1Reg. 14 applied (for specified purposes and with effect in accordance with reg. 1 of the amending S.I., in force in so far as not already in force and with effect in accordance with reg. 1 of the amending S.I.) by The Tax Credits (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006), regs. 1, 4(4) Table 1 Item 15

C2Reg. 14 applied (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Notifications) Regulations 2002 (S.I. 2002/2014), regs. 1(1), 31(4)

Marginal Citations

Calculation of relevant child care chargesU.K.

15.—(1) Relevant child care charges are calculated by aggregating the average weekly charge paid for child care for each child in respect of whom charges are incurred [F164and rounding up the total to the nearest whole pound].

This is subject to [F165paragraphs (1A) and (2)].

[F166(1A) In any case in which the charges in respect of child care are paid weekly, the average weekly charge for the purposes of paragraph (1) is established—

(a)where the charges are for a fixed weekly amount, by aggregating the average weekly charge paid for child care for each child in respect of whom charges are incurred in the most recent four complete weeks; or

(b)where the charges are for variable weekly amounts, by aggregating the charges for the previous 52 weeks and dividing the total by 52.]

(2) In any case in which the charges in respect of child care are paid monthly, the average weekly charge for the purposes of paragraph (1) is established—

(a)where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52; or

(b)where the charges are for variable monthly amounts, by aggregating the charges for the previous 12 months and dividing the total by 52.

(3) In a case where there is insufficient information for establishing the average weekly charge paid for child care in accordance with paragraphs (1) and (2), an officer of the Board shall estimate the charge—

(a)in accordance with information provided by the person or persons incurring the charges; and

(b)by any method which in the officer’s opinion is reasonable.

(4) If a person—

(a)has entered into an agreement for the provision of child care; and

(b)will incur under that agreement relevant child care charges in respect of child care during the period of the award,

the average weekly charge for child care is based upon a written estimate of the future weekly charges provided by that person.

Textual Amendments

Change of circumstancesU.K.

16.—(1) There is a relevant change in circumstances if—

F167(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F168during the period of an award, the weekly relevant child care charges, rounded up to the nearest whole pound]—

(i)exceed the average weekly charge calculated in accordance with regulation 15 by £10 a week or more;

(ii)are less than the average weekly charge calculated in accordance with regulation 15 by £10 a week or more; or

(iii)are nil.

If there is a relevant change in circumstances, the amount of the child care element of working tax credit shall be recalculated with effect from the specified date.

[F169(2) For the purposes of paragraph (1), the weekly relevant child care charge—

(a)where the child care charges are for a fixed weekly amount, is the aggregate of the weekly charge paid for child care for each child in respect of whom charges are incurred in each of the four consecutive weeks in which the change occurred; or

(b)where the child care charges are for variable weekly amounts, is established by aggregating the anticipated weekly charge paid for child care for each child in respect of whom charges will be incurred for the following 52 weeks and dividing the total by 52.]

(3) If in any case the charges in respect of child care are paid monthly, the weekly relevant child care charge for the purposes of paragraph (1) is established—

(a)where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52; or

(b)where the charges are for variable monthly amounts, by aggregating the [F170anticipated] charges for the [F171next] 12 months and dividing the total by 52.

(4) In a case where there is insufficient information for establishing the weekly relevant child care charge paid for child care in accordance with paragraphs (2) and (3), an officer of the Board shall estimate the charge—

(a)in accordance with information provided by the person or persons incurring the charges; and

(b)by any method which in the officer’s opinion is reasonable.

(5) For the purpose of paragraph (1) the specified date is—

(a)where the child care charges are increased, the later of—

(i)the first day of the week in which the change occurred, and

(ii)the first day of the week in which falls the day which is [F172one month] prior to the date notification of the change is given;

[F173(b)where the child care charges are decreased—

(i)in a case where an award of child care charges is made for a fixed period, the length of which is known when the award is first made, the first day of the week following the end of that fixed period, and

(ii)in all other cases, the first day of the week following the four consecutive weeks in which the change occurred.]

Textual Amendments

Severe disability elementU.K.

Severe disability elementU.K.

17.—(1) The determination of the maximum rate must include the severe disability element if the claimant, or, in the case of a joint claim, one of the claimants satisfies paragraph (2) [F174or (3)] [F175or (4)].

(2) A person satisfies this paragraph if a disability living allowance, attributable to the care component payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act or an attendance allowance at the higher rate prescribed under section 65(3) of that Act—

(a)is payable in respect of him; or

(b)would be so payable but for a suspension of benefit by virtue of regulations under section 113(2) of the Contributions and Benefits Act (suspension during hospitalisation), or an abatement as a consequence of hospitalisation.

[F176(3) A person satisfies this paragraph if the enhanced rate of the daily living component of personal independence payment under section 78(2) of the Welfare Reform Act 2012—

(a)is payable in respect of that person; or

(b)would be so payable but for regulations made under section 86(1) (hospital in-patients) of that Act.]

[F177(4) A person satisfies this paragraph if an armed forces independence payment is payable in respect of him.]

Textual Amendments

50 plus elementU.K.

50 plus elementU.K.

F17818.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Death of a child or qualifying young person for whom the claimant is responsibleU.K.

Entitlement after death of a child or qualifying young person for whom the claimant is responsibleU.K.

19.—(1) Paragraph (2) applies if—

(a)the death occurs of a child or qualifying young person,

(b)working tax credit is payable to a person who was, or to a couple at least one of whom was, immediately before the death responsible for that child or qualifying young person;

(c)the prescribed conditions for an element of working tax credit were satisfied because the claimant, or at least one of the claimants, was responsible for that child or qualifying person, but would not have been satisfied but for that responsibility; and

(d)the prescribed conditions would have continued to be satisfied but for the death.

(2) If this paragraph applies, working tax credit shall continue to be payable, as if the child or qualifying young person had not died, for the period for which child tax credit continues to be payable in accordance with regulation 6 of the Child Tax Credit Regulations 2002 M16.

Marginal Citations