5.—(1) In respect of any given week, an individual (“person A”) is to be regarded as the dependant of another individual (“person B”) only if—
(a)paragraph (2) applies, or
(b)in that week person B is a kinship carer for person A.
(2) This paragraph applies where—
(a)person B has been awarded—
(i)child tax credit, child benefit or state pension credit in respect of the week in question (or for a period that includes that week), or
(ii)universal credit for—
(aa)an assessment period that includes the week in question, or
(bb)an assessment period that ended immediately before the assessment period mentioned in [F1sub-head (aa)] started, and
(b)person A is recognised to be a child for whom person B has responsibility in terms of that award of assistance.
(3) It is immaterial for the purpose of this regulation that the award of assistance to person B referred to [F2in] paragraph (2) does not include any amount in respect of person A due to a rule that restricts the number of dependants in respect of whom person B can be given that type of assistance.
[F3(4) In this regulation “child benefit” means child benefit under section 141 of the Social Security Contributions and Benefits Act 1992.]
Textual Amendments
F1Words in reg. 5(2)(a)(ii)(bb) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(a) (with regs. 3, 4)
F2Word in reg. 5(3) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(b) (with regs. 3, 4)
F3Reg. 5(4) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(3)(c) (with regs. 3, 4)
Commencement Information