Finance (No. 2) Act 2023

27 Power to clarify tax treatment of devolved social security benefits U.K.

(1) The Treasury may by regulations amend Chapter 3 of Part 10 of ITEPA 2003 (taxable UK social security benefits) so as to provide that a specified devolved social security benefit is chargeable to income tax.

(2) A “specified devolved social security benefit” means a social security benefit which is—

(a) payable under or by virtue of a post-commencement devolved enactment, and

(b) specified in regulations under this section.

(3) A “post-commencement devolved enactment” means an enactment which is—

(a) contained in, or in an instrument made under—

(i) an Act of the Scottish Parliament;

(ii) an Act of Senedd Cymru;

(iii) Northern Ireland legislation, and

(b) passed or made on or after the day on which this Act is passed.

(4) Regulations under this section may make—

(a) different provision for different cases;

(b) incidental, supplementary or consequential provision (which may include provision amending any provision made by or under the Income Tax Acts).

(5) In section 655 of ITEPA 2003 (structure of Part 10), in subsection (2), at the end insert “;

• section 27 of F(No. 2)A 2023 (power to clarify tax treatment of devolved social security benefits).”