(1)This section applies if —
(a)the claimant is, for the whole or any part of the year of assessment, living with his spouse or civil partner,
(b)either the claimant or his spouse or civil partner was born before 6th April 1935,
(c)the marriage or civil partnership was entered into on or after 5th December 2005 or, if the marriage was entered into before that date, an election for this section to apply has effect for that year, and
(d)the claimant's [F2net income] for that year exceeds that of his spouse or civil partner or, if they have the same amount of [F2net income] for that year, the claimant is specified in an election as the person to be entitled to relief under this section for that year.
(2)The claimant shall be entitled for that year to [F3a tax reduction]—
(a)calculated by reference to £5,975 (if either the claimant or his spouse or civil partner is at any time within that year of the age of 75 or upwards), or
(b)calculated by reference to £5,905 (in any other case).
(3)For the purposes of subsection (2)(a) above an individual who would have been of or over the age of 75 within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
(4)In relation to a claimant whose [F4adjusted net income] for the year of assessment exceeds £19,500, subsection (2) above applies as if the amounts specified in it were reduced by—
(a)one half of the excess, less
(b)any reduction made in his allowance under section 257 by virtue of subsection (5) of that section.
(5)The amounts specified in subsection (2) above shall not by virtue of subsection (4) above be treated as reduced below [F5the minimum amount].
(6)An individual shall not be entitled by virtue of this section to more than one [F6tax reduction] for any year of assessment.
(7)In relation to a claim by an individual who —
(a)becomes a spouse or civil partner in the year of assessment, and
(b)has not previously in the year been entitled to relief under this section,
this section shall have effect as if the amounts specified in subsection (2) above were reduced by one twelfth for each month of the year ending before the date of the marriage or civil partnership.
In this subsection “month” means a month beginning with the 6th day of a month of the calendar year.
(8)An election under subsection (1)(c) —
(a)shall be made jointly by the parties to the marriage,
(b)shall be made before the first year of assessment for which it is to have effect,
(c)shall have effect for that and each succeeding year of assessment for which any party to the marriage is entitled to relief under this section, and
(d)shall be irrevocable.
(9)An election under subsection (1)(d) —
(a)shall be made jointly by the parties to the marriage or civil partnership, and
(b)shall be made on or before the 5th anniversary of the 31st January next following the end of the year of assessment to which the election relates.
[F7(10)A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.]]
Textual Amendments
F1S. 257AB inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 52
F2Words in s. 257AB(1)(d) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(2) (with Sch. 2)
F3Words in s. 257AB(2) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(3) (with Sch. 2)
F4Words in s. 257AB(4) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(4) (with Sch. 2)
F5Words in s. 257AB(5) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(5) (with Sch. 2)
F6Words in s. 257AB(6) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(6) (with Sch. 2)
F7S. 257AB(10) inserted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 31(7) (with Sch. 2)
Modifications etc. (not altering text)
C1S. 257AB(2)(4)(5) amended (2006-07) by S.I. 2005/3327, art. 2(4)
S. 257AB(2)(4)(5) amended (2007-08) by S.I. 2006/3241, art. 2(4)
S. 257AB(2)(4) amended (2008-09) by S.I. 2008/673, art. 2(5)
S. 257AB(2)(4) amended (2009-10) by S.I. 2008/3024, art. 2(d)