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

Income Support – transitional arrangements E+W+S

7.—(1)  [F1 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, [F2 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 [F3 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.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 Reg. 7(6)(7) omitted (5.3.2011 for certain purposes and otherwise prosp.) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 11(a)

Commencement Information

I1 Reg. 7 coming into force in accordance with {reg. 1(1)-(3)}