SCHEDULE 1Rights of employees
Right not to suffer detriment: Great Britain
1
(1)
The Employment Rights Act 1996 (c. 18) has effect subject to the following amendments.
(2)
“47D Tax credits
(1)
An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that—
(a)
any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,
(b)
a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or
(c)
the employee is entitled, or will or may be entitled, to working tax credit.
(2)
It is immaterial for the purposes of subsection (1)(a) or (b)—
(a)
whether or not the employee has the right, or
(b)
whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.
(3)
Subsections (1) and (2) apply to a person who is not an employee within the meaning of this Act but who is an employee within the meaning of section 25 of the Tax Credits Act 2002, with references to his employer in those subsections (and sections 48(2) and (4) and 49(1)) being construed in accordance with that section.
(4)
Subsections (1) and (2) do not apply to an employee if the detriment in question amounts to dismissal (within the meaning of Part 10).”
(3)
“(1B)
A person may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47D.”
(4)
“(7)
Where—
(a)
the complaint is made under section 48(1B) by a person who is not an employee, and
(b)
the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the complainant had been an employee and had been dismissed for the reason specified in section 104B.”
(5)
In section 192(2)(aa) (armed forces)—
(a)
for “section 45A,” substitute “
sections 45A, 47C and 47D,
”
, and
(b)
for “that section” substitute “
those sections
”
.
(6)
In—
(a)
section 194(2)(c) (House of Lords staff), and
(b)
section 195(2)(c) (House of Commons staff),
for “and 47C” substitute “
, 47C and 47D
”
.
Right not to suffer detriment: Northern Ireland
2
(1)
The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) has effect subject to the following amendments.
(2)
“ Tax credits70D
(1)
An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that—
(a)
any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,
(b)
a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or
(c)
the employee is entitled, or will or may be entitled, to working tax credit.
(2)
It is immaterial for the purposes of paragraph (1)(a) or (b)—
(a)
whether or not the employee has the right, or
(b)
whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.
(3)
Paragraphs (1) and (2) apply to a person who is not an employee within the meaning of this Order but who is an employee within the meaning of section 25 of the Tax Credits Act 2002, with references to his employer in those paragraphs (and Articles 71(2) and (4) and 72(1)) being construed in accordance with that section.
(4)
Paragraphs (1) and (2) do not apply to an employee if the detriment in question amounts to dismissal (within the meaning of Part 11).”
(3)
“(1B)
A person may present a complaint to an industrial tribunal that he has been subjected to a detriment in contravention of Article 70D.”
(4)
“(7)
Where—
(a)
the complaint is made under Article 71(1B) by a person who is not an employee, and
(b)
the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the complainant had been an employee and had been dismissed for the reason specified in Article 135B.”
(5)
In Article 237(2)(aa) (armed forces)—
(a)
for “Article 68A” substitute “
Articles 68A, 70C and 70D
”
, and
(b)
for “that Article” substitute “
those Articles
”
.
Right not to be unfairly dismissed: Great Britain
3
(1)
The Employment Rights Act 1996 (c. 18) has effect subject to the following amendments.
(2)
“104B Tax credits
(1)
An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
(a)
any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,
(b)
a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or
(c)
the employee is entitled, or will or may be entitled, to working tax credit.
(2)
It is immaterial for the purposes of subsection (1)(a) or (b)—
(a)
whether or not the employee has the right, or
(b)
whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.”
(3)
“(7B)
This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 104B (read with subsection (2) of that section).”
(4)
“(gh)
subsection (1) of section 104B (read with subsection (2) of that section) applies,”.
Right not to be unfairly dismissed: Northern Ireland
4
(1)
The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) has effect subject to the following amendments.
(2)
“ Tax credits135B
(1)
An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
(a)
any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,
(b)
a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or
(c)
the employee is entitled, or will or may be entitled, to working tax credit.
(2)
It is immaterial for the purposes of paragraph (1)(a) or (b)—
(a)
whether or not the employee has the right, or
(b)
whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.”
(3)
“(6B)
This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in paragraph (1) of Article 135B (read with paragraph (2) of that Article).”
(4)
“(fg)
paragraph (1) of Article 135B (read with paragraph (2) of that Article) applies,”.
SCHEDULE 2Penalties: supplementary
Determination of penalties by Board
1
(1)
The Board may make a determination—
(a)
imposing a penalty under section 31, 32(2)(b) or (3) or 33, and
(b)
setting it at such amount as, in their opinion, is appropriate.
(2)
The Board must give notice of a determination of a penalty under this paragraph to the person on whom the penalty is imposed.
(3)
The notice must state the date on which it is given and give details of the right to appeal against the determination under section 38.
(4)
After the notice of a determination under this paragraph has been given the determination must not be altered except on appeal.
(5)
A penalty determined under this paragraph becomes payable at the end of the period of thirty days beginning with the date on which the notice of determination is given.
2
(1)
On an appeal F1... under section 38 against the determination of a penalty under F2paragraph 1 that is notified to the First-tier tribunal, the tribunal may—
(a)
if it appears that no penalty has been incurred, set the determination aside,
(b)
if the amount determined appears to be appropriate, confirm the determination,
(c)
if the amount determined appears to be excessive, reduce it to such other amount (including nil) as F3the First-tier Tribunal considers appropriate, or
(d)
if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as F3the First-tier Tribunal considers appropriate.
F4(2)
In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which has been determined under sub-paragraph (1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
(2A)
Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (2) as it applies to the right of appeal under section 11(2) of that Act.
(2B)
On an appeal under this paragraph the Upper Tribunal has the same powers as are conferred on the First-tier Tribunal by virtue of this paragraph.
Penalty proceedings before F5tribunal
3
(1)
The Board may commence proceedings for a penalty under section 32(2)(a)F6 before the tribunal.
F7(2)
The person liable to the penalty shall be a party to the proceedings.
F8(3)
“tribunal” is to be read in accordance with section 47C of the Taxes Management Act 1970.
4
F9(1)
In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under paragraph 2(1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
(1A)
Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (1) as it applies to the right of appeal under section 11(2) of that Act.
(2)
On any such appeal the F10Upper Tribunal may—
(a)
if it appears that no penalty has been incurred, set the determination aside,
(b)
if the amount determined appears to be appropriate, confirm the determination,
(c)
if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the F10Upper Tribunal considers appropriate, or
(d)
if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the F10Upper Tribunal considers appropriate.
Mitigation of penalties
5
The Board may in their discretion mitigate any penalty under this Part or stay or compound any proceedings for any such penalty and may also, after judgment, further mitigate or entirely remit any such penalty.
Time limits for penalties
6
(1)
In the case of a penalty under section 31 relating to a tax credit for a person or persons for the whole or part of a tax year (other than a penalty to which sub-paragraph (3) applies), the Board may determine the penalty at any time before the latest of—
(a)
the end of the period of one year beginning with the expiry of the period for initiating an enquiry under section 19 into the entitlement of the person, or the joint entitlement of the persons, for the tax year,
(b)
if such an enquiry is made, the end of the period of one year beginning with the day on which the enquiry is completed, and
(c)
if a decision relating to the entitlement of the person, or the joint entitlement of the persons, for the tax year is made under section 20(1) or (4), the end of the period of one year beginning with the day on which the decision is made.
(2)
In the case of a penalty under section 32 relating to a tax credit for a person or persons for the whole or part of a tax year (other than a penalty to which sub-paragraph (3) applies), the Board may determine the penalty, or commence proceedings for it, at any time before—
(a)
if an enquiry into the entitlement of the person, or the joint entitlement of the persons, for the tax year is made under section 19, the end of the period of one year beginning with the day on which the enquiry is completed, and
(b)
otherwise, the end of the period of one year beginning with the expiry of the period for initiating such an enquiry.
(3)
In the case of—
(a)
a penalty under section 31 or 32 relating to a requirement imposed by virtue of regulations under section 25, or
(b)
a penalty under section 33,
the Board may determine the penalty, or commence proceedings for it, at any time before the end of the period of six years after the date on which the penalty was incurred or began to be incurred.
Recovery of penalties
7
(1)
A penalty payable under this Part is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (c. 9) (collection and recovery) as if it were tax charged in an assessment and due and payable.
(2)
Regulations under section 203(2)(a) of the Income and Corporation Taxes Act 1988 (c. 1) (PAYE) apply to a penalty payable under this Part as if it were an underpayment of tax for a previous year of assessment.
SCHEDULE 3Tax credits: consequential amendments
Attachment of Earnings Act 1971 (c. 32)
1
“(ba)
a tax credit (within the meaning of the Tax Credits Act 2002);”.
Magistrates’ Courts Act 1980 (c. 43)
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))
3
“(ba)
a tax credit (within the meaning of the Tax Credits Act 2002);”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
4
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.
5
In Article 3(1)(b) (persons eligible for advice and assistance), for the words after “income support” substitute “
or an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)))
”
.
6
In Article 7(2) (contributions from persons receiving advice or assistance), for the words from “, an income-based” to “family credit” substitute “
or an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)
”
.
7
In Article 14(5) (assessment of disposable capital and income and of maximum contribution), for the words after “income support” substitute “
or an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)
”
.
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
8
“(ba)
a tax credit (within the meaning of the Tax Credits Act 2002);”.
Transport Act 1982 (c. 49)
9
In section 70(2)(b) of the Transport Act 1982 (applicants for exemption from wearing of seat belts in the case of whom the Secretary of State may make payments in respect of medical examinations), for “, working families’ tax credit or disabled person’s tax credit” substitute “
, any element of child tax credit other than the family element or working tax credit
”
.
Legal Aid (Scotland) Act 1986 (c. 47)
10
The Legal Aid (Scotland) Act 1986 has effect subject to the following amendments.
11
In section 8(b)
(availability of advice and assistance to persons in receipt of certain benefits), for the words after “receipt of” substitute “
income support or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)),
”
.
12
In section 11(2)(b)
(no clients’ contributions by persons in receipt of certain benefits), for the words after “receipt of” substitute “
income support or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995),
”
.
Debtors (Scotland) Act 1987 (c. 18)
13
“(da)
a tax credit (within the meaning of the Tax Credits Act 2002);”.
Income and Corporation Taxes Act 1988 (c. 1)
14
“617ATax credits under Part 1 of Tax Credits Act 2002
Payments of a tax credit, within the meaning of the Tax Credits Act 2002, shall not be treated as income for any purpose of the Income Tax Acts.”
Children Act 1989 (c. 41)
15
The Children Act 1989 has effect subject to the following amendments.
16
(1)
Section 17 (provision of services for children in need) is amended as follows.
(2)
In subsection (9)—
(a)
for “, working families’ tax credit or disabled person’s tax credit under the” substitute “
under
”
, and
(b)
after “1992” insert “
, of any element of child tax credit other than the family element, of working tax credit
”
.
(3)
“(12)
The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.”
17
In section 17A(5)(b) (direct payments: persons entitled to gross payments), before “or of” insert “
, of any element of child tax credit other than the family element, of working tax credit
”
.
18
In section 29(3) (no payment of charge for provision of services by local authority by persons in receipt of certain benefits)—
(a)
for “, working families’ tax credit or disabled person’s tax credit under the” substitute “
under
”
, and
(b)
after “1992” insert “
, of any element of child tax credit other than the family element, of working tax credit
”
.
19
In section 104 (regulations and orders), after “Lord Chancellor” insert “
, the Treasury
”
.
20
In paragraph 21(4) of Schedule 2 (no contribution towards maintenance by local authority by persons in receipt of certain benefits)—
(a)
for “, working families’ tax credit or disabled person’s tax credit under the” substitute “
under
”
, and
(b)
after “1992” insert “
, of any element of child tax credit other than the family element, of working tax credit
”
.
Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))
21
In Article 131(3)(b) of the Education Reform (Northern Ireland) Order 1989 (remission of charges for board and lodging on a residential trip for parents in receipt of certain benefits), for “, working families’ tax credit” substitute “
, any element of child tax credit other than the family element, working tax credit
”
.
Child Support Act 1991 (c. 48)
22
In section 47(3)(b) of the Child Support Act 1991 (no fees payable by persons in receipt of certain benefits), for “working families’ tax credit” substitute “
any element of child tax credit other than the family element, working tax credit
”
.
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
23
In Article 44(2)(b) of the Child Support (Northern Ireland) Order 1991 (no fees payable by persons in receipt of certain benefits), for “working families’ tax credit” substitute “
any element of child tax credit other than the family element, working tax credit
”
.
Social Security Contributions and Benefits Act 1992 (c. 4)
24
The Social Security Contributions and Benefits Act 1992 has effect subject to the following amendments.
25
“(5)
Where a person claims the higher rate of short-term incapacity benefit, or long-term incapacity benefit, under section 30A above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—
(a)
the day following that on which he so ceased was a day of incapacity for work for him,
(b)
he has been entitled to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, under section 30A above within the period of two years ending with that day of incapacity for work, and
(c)
he satisfied the relevant tax credit conditions on the day before he so ceased,
every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.
(5A)
A person satisfies the relevant tax credit conditions on a day if—
(a)
he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and
(b)
either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.”
F1326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
In section 39(1), (2) and (3) (rate of widowed mother’s allowance and widow’s pension), for “sections 44 and” continue to substitute “
sections 44 to
”
.
F1428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
In section 39C(1), (3) and (4) (rate of widowed parent’s allowance and bereavement allowance), for “45A” substitute “
45
”
.
30
“(1)
Where a person claims incapacity benefit under section 40 or 41 above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—
(a)
the day following that on which he so ceased was a day of incapacity for work for him,
(b)
he has been entitled to incapacity benefit under that section within the period of two years ending with that day of incapacity for work, and
(c)
he satisfied the relevant tax credit conditions on the day before he so ceased,
every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.
(1A)
A person satisfies the relevant tax credit conditions on a day if—
(a)
he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and
(b)
either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.”
31
In section 48BB(5) and (6) (entitlement to category B retirement pension by reference to certain benefits), for “45A” substitute “
45
”
.
32
In section 51(2) and (3) (category B retirement pension for widowers), for “45A” substitute “
45
”
.
33
In section 60(4) and (5) (failure to satisfy contribution conditions), for “subsections (6) and (7)” substitute “
subsection (7)
”
.
F1534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Administration Act 1992 (c. 5)
35
In section 150(1)(h) of the Social Security Administration Act 1992 (up-rating of benefits), after “section 135(1)” insert “
of that Act
”
.
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
36
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect subject to the following amendments.
37
“(5)
Where a person claims the higher rate of short-term incapacity benefit, or long-term incapacity benefit, under section 30A above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—
(a)
the day following that on which he so ceased was a day of incapacity for work for him,
(b)
he has been entitled to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, under section 30A above within the period of two years ending with that day of incapacity for work, and
(c)
he satisfied the relevant tax credit conditions on the day before he so ceased,
every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.
(5A)
A person satisfies the relevant tax credit conditions on a day if—
(a)
he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and
(b)
either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.”
F1638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39
In section 39(1), (2) and (3) (rate of widowed mother’s allowance and widow’s pension), for “sections 44 and” continue to substitute “
sections 44 to
”
.
F1740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41
In section 39C(1), (3) and (4) (rate of widowed parent’s allowance and bereavement allowance), for “45A” substitute “
45
”
.
42
“(1)
Where a person claims incapacity benefit under section 40 or 41 above for a period commencing after he has ceased to be in qualifying remunerative work (within the meaning of Part 1 of the Tax Credits Act 2002) and—
(a)
the day following that on which he so ceased was a day of incapacity for work for him,
(b)
he has been entitled to incapacity benefit under that section within the period of two years ending with that day of incapacity for work, and
(c)
he satisfied the relevant tax credit conditions on the day before he so ceased,
every day during that period on which he satisfied those conditions is to be treated for the purposes of the claim as a day of incapacity for work for him.
(1A)
A person satisfies the relevant tax credit conditions on a day if—
(a)
he is entitled for the day to the disability element of working tax credit (on a claim made by him or by him jointly with another) or would be so entitled but for the fact that the relevant income (within the meaning of Part 1 of the Tax Credits Act 2002) in his or their case is such that he is not so entitled, and
(b)
either working tax credit or any element of child tax credit other than the family element is paid in respect of the day on such a claim.”
43
In section 48BB(5) and (6) (entitlement to category B retirement pension by reference to certain benefits), for “45A” substitute “
45
”
.
44
In section 51(2) and (3) (category B retirement pension for widowers), for “45A” substitute “
45
”
.
45
In section 60(4) and (5) (failure to satisfy contribution conditions), for “subsections (6) and (7)” substitute “
subsection (7)
”
.
F1846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Value Added Tax Act 1994 (c. 23)
47
The Value Added Tax Act 1994 has effect subject to the following amendments.
48
In Schedule 7A, in paragraph 6(2)(c) in Group 3 (reduced rate on grant-funded installation of heating equipment, security goods and connection of gas supply: persons in receipt of certain benefits), for “disabled person’s tax credit, working families’ tax credit,” substitute “
any element of child tax credit other than the family element, working tax credit,
”
.
49
“(e)
any element of child tax credit other than the family element; and
(f)
working tax credit.”
Children (Scotland) Act 1995 (c. 36)
50
“(aa)
any element of child tax credit other than the family element or working tax credit;”.
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
51
The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.
52
(1)
Article 18 (duty of authority to provide personal social services for children in need) is amended as follows.
(2)
In paragraph (9), for “working families’ tax credit or disabled person’s tax credit” substitute “
of any element of child tax credit other than the family element, of working tax credit
”
.
(3)
“(10)
The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.”
53
In Article 18C(7)(b) (direct payments), before “or of” insert “
, of any element of child tax credit other than the family element, of working tax credit
”
.
54
In Article 24(3) (no payment of charge for provision of services by Health and Social Services Board by persons in receipt of certain benefits), for “working families’ tax credit or disabled person’s tax credit” substitute “
of any element of child tax credit other than the family element, of working tax credit
”
.
55
In Article 39(4) (no contribution towards maintenance by Health and Social Services Board by persons in receipt of certain benefits), for “working families’ tax credit or disabled person’s tax credit” substitute “
of any element of child tax credit other than the family element, of working tax credit
”
.
56
(1)
Article 183 (regulations and orders) is amended as follows.
(2)
In paragraph (1), for “and (3)” insert “
to (4)
”
.
(3)
“(4)
Regulations under Article 18(10) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))
57
In Article 25(2)(b) of the Road Traffic (Northern Ireland) Order 1995 (applicants for exemption from wearing of seat belts in the case of whom the Department of the Environment in Northern Ireland may make payments in respect of medical examinations), for “working families’ tax credit or disabled person’s tax credit” substitute “
any element of child tax credit other than the family element or working tax credit
”
.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
58
In section 77(1)(e) of the Housing Grants, Construction and Regeneration Act 1996 (entitlement to home repair assistance), for “working families’ tax credit, housing benefit, council tax benefit or disabled person’s tax credit” substitute “
housing benefit, council tax benefit, any element of child tax credit other than the family element or working tax credit
”
.
Finance Act 2000 (c. 17)
F1959
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Transfer of functions: consequential amendments
Social Security Administration Act 1992 (c. 5)
1
The Social Security Administration Act 1992 has effect subject to the following amendments.
F202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 189(8)
(powers to make orders exercisable only with Treasury consent), after “made” insert “
by the Secretary of State
”
.
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
4
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect subject to the following amendments.
5
In section 171(1)
(regulations and orders to be made by the Northern Ireland Department except where provision of the Act otherwise provides), after “to” insert “
any provision providing for regulations or orders to be made by the Treasury or the Commissioners of Inland Revenue and to
”
.
6
In section 172(11A)
(regulations subject to draft affirmative Parliamentary procedure), for “or 118” substitute “
, 118 or 141
”
.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
7
The Social Security Administration (Northern Ireland) Act 1992 has effect subject to the following amendments.
F218
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In sections 132(1) and 133 (orders for uprating of benefits corresponding to those made for Great Britain by Secretary of State), after “Secretary of State” insert “
or the Treasury
”
.
10
In section 165(3)
(powers to make regulations and orders which are exercisable by statutory rule), after “Act” insert “
on the Department or the Lord Chancellor
”
.
11
(1)
Section 166 (Parliamentary and Assembly control of orders and regulations) is amended as follows.
(2)
In subsection (5), for the words from “in like” to the end substitute “
(in the case of regulations made by the Lord Chancellor in like manner as a statutory instrument, with section 5 of the Statutory Instruments Act 1946 (c. 36) applying accordingly)
”
.
(3)
In subsection (10A), after “129” insert “
, 132, 133, 134
”
.
Social Security Act 1998 (c. 14)
12
The Social Security Act 1998 has effect subject to the following amendments.
13
(1)
Section 79 (regulations and orders) is amended as follows.
(2)
In subsection (1), for “subsection (2)” substitute “
subsections (2) and (2A)
”
.
(3)
“(2A)
Subsection (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.”
14
In section 80(2)
(negative Parliamentary procedure for regulations made by Secretary of State), after “Secretary of State” insert “
, the Treasury or the Commissioners of Inland Revenue
”
.
15
References in Chapter 2 of Part 1 (social security decisions and appeals) to a decision of the Secretary of State are, where the context so requires in consequence of section 50, to be construed as references to a decision of the Board (or, where the power to decide is exercised by an officer of the Board, an officer of the Board).
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
16
The Social Security (Northern Ireland) Order 1998 has effect subject to the following amendments.
17
(1)
Article 74 (regulations and orders) is amended as follows.
(2)
In paragraph (1), for “paragraph (2)” substitute “
paragraphs (2) and (2A)
”
.
(3)
“(2A)
Paragraph (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.
(2B)
Powers of the Treasury or the Commissioners of Inland Revenue to make regulations under this Order are exercisable by statutory instrument.”
18
(1)
Article 75 (Assembly etc. control of regulations) is amended as follows.
(2)
In paragraph (1), for “The regulations to which this paragraph applies” substitute “
Where regulations specified in paragraph (2) are made by the Department, they
”
.
(3)
“(1A)
Where regulations specified in paragraph (2) fall to be made by the Treasury or the Commissioners of Inland Revenue they shall not be made unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.”
(4)
In paragraph (2), for “Paragraph (1) applies to” substitute “
The regulations specified in this paragraph are
”
.
(5)
In paragraph (3), for “to which paragraph (1) applies” substitute “
specified in paragraph (2)
”
.
(6)
“(3A)
Regulations made under this Order by the Treasury or the Commissioners of Inland Revenue, other than regulations specified in paragraph (2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
19
References in Chapter 2 of Part 2 (social security decisions and appeals) to a decision of the Department are, where the context so requires in consequence of section 50, to be construed as references to a decision of the Board (or, where the power to decide is exercised by an officer of the Board, an officer of the Board).
Immigration and Asylum Act 1999 (c. 33)
20
The Immigration and Asylum Act 1999 has effect subject to the following amendments.
21
In section 115(5) and (6)
(exclusion of persons subject to immigration control from certain benefits), for “the benefits mentioned in subsection (1)(f) or (g)” substitute “
child benefit
”
.
F2222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5Use and disclosure of information
Powers to use information
1
Information which is held for the purposes of any functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services,
may be used, or supplied to any person providing services to the Board, for the purposes of, or for any purposes connected with, the exercise of any such functions.
F232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
(1)
Information which is held for the purposes of any functions relating to social security (including child benefit and guardian’s allowance) or tax credits—
(a)
by the Secretary of State or the Northern Ireland Department, or
(b)
by a person providing services to the Secretary of State or the Northern Ireland Department, in connection with the provision of those services,
may be used, or supplied to any person providing services to the Secretary of State or the Northern Ireland Department, for the purposes of, or for any purposes connected with, the exercise of any functions under relevant regulations.
(2)
In this paragraph “relevant regulations” are regulations made under—
(a)
section 4, 6 or 58 of this Act,
(b)
section 5 of the Social Security Administration Act 1992 (c. 5), or
(c)
section 5 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8).
Exchange of information between Board and Secretary of State or Northern Ireland Departments
4
(1)
This paragraph applies to information which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services.
F24(2)
Information to which this paragraph applies may be supplied—
(a)
to the Secretary of State, or
(b)
to a person providing services to the Secretary of State,
for use for the purposes of functions relating to F25... war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed.
F26(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A)
Information to which this paragraph applies may be supplied—
(a)
to the Northern Ireland Department, or
(b)
to a person providing services to the Northern Ireland Department,
for use for the purposes of functions relating to F27... child support or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed.
(3B)
An authorised officer may require information to which this paragraph applies to be supplied—
(a)
to the Northern Ireland Department, or
(b)
to a person providing services to the Northern Ireland Department,
for use for the purposes of functions relating to F28... child support.
(4)
(5)
In this paragraph “war pension” has the meaning given by section 25(4) of the Social Security Act 1989 (c. 24).
5
(1)
This paragraph applies to information which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services.
(2)
Information to which this paragraph applies may be supplied—
(a)
to the Secretary of State or the Department for Employment and Learning in Northern Ireland, or
(b)
to a person providing services to the Secretary of State or that Department,
for use for the purposes of such functions relating to employment or training as may be prescribed.
6
F31(1)
This paragraph applies to information which is held for the purposes of functions relating to F32... war pensions or employment or training—
(a)
by the Secretary of State, or
(b)
by a person providing services to the Secretary of State, in connection with the provision of those services.
(1A)
This paragraph also applies to information which is held for the purposes of functions relating to F33... child support, war pensions or employment or training—
(a)
by the Northern Ireland Department or the Department for Employment and Learning in Northern Ireland, or
(b)
by a person providing services to either of those Departments, in connection with the provision of those services.
(2)
Information to which this paragraph applies may be supplied—
(a)
to the Board, or
(b)
to a person providing services to the Board,
for use for the purposes of functions relating to tax credits, child benefit or guardian’s allowance.
(3)
The Board may require information to which this paragraph applies to be so supplied if the information is held for the purposes of functions relating to F34... child support.
(4)
In this paragraph “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.
Exchange of information between Board and authorities administering certain benefits
7
(1)
This paragraph applies to information which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services.
(2)
Information to which this paragraph applies may be supplied by or under the authority of the Board—
(a)
to an authority administering housing benefit or council tax benefit, or
(b)
to a person authorised to exercise any function of such an authority relating to such a benefit,
for use in the administration of such a benefit.
(3)
Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—
(a)
to a person to whom the information could be supplied directly by or under the authority of the Board,
(b)
for the purposes of any civil or criminal proceedings relating to the Social Security Contributions and Benefits Act 1992 (c. 4), the Social Security Administration Act 1992 (c. 5) or the Jobseekers Act 1995 (c. 18) or to any provision of Northern Ireland legislation corresponding to any of them, or
(c)
under paragraph 8 below.
8
(1)
The Board may require—
(a)
an authority administering housing benefit or council tax benefit, or
(b)
a person authorised to exercise any function of such an authority relating to such a benefit,
to supply benefit administration information held by the authority or other person to, or to a person providing services to, the Board for use for any purpose relating to tax credits, child benefit or guardian’s allowance.
(2)
In sub-paragraph (1) “benefit administration information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to housing benefit or council tax benefit by the authority or other person.
Provision of information by Board for health purposes
9
(1)
This paragraph applies to information which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services.
(2)
Information to which this paragraph applies may be supplied—
(a)
to the Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland, or
(b)
to persons providing services to, or exercising functions on behalf of, the Secretary of State, the National Assembly for Wales, the Scottish Ministers or that Department,
for use for the purposes of such functions relating to health as may be prescribed.
(3)
Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—
(a)
to a person to whom the information could be supplied directly by or under the authority of the Board, or
(b)
for the purpose of civil or criminal proceedings,
and is not to be so supplied in those circumstances without the authority of the Board.
(4)
A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made—
(a)
in accordance with sub-paragraph (3),
(b)
in accordance with an enactment or an order of a court,
(c)
with consent given by or on behalf of the person to whom the information relates, or
(d)
in such a way as to prevent the identification of the person to whom it relates.
(5)
It is a defence for a person charged with an offence under sub-paragraph (4) to prove that he reasonably believed that his disclosure was lawful.
(6)
A person guilty of an offence under sub-paragraph (4) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Provision of information by Board for education purposes
F3510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Provision of information by Board for purposes relating to welfare of children
10A
(1)
This paragraph applies to information, other than information relating to a person’s income, which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection with the provision of those services.
(2)
Information to which this paragraph applies may be supplied to—
(a)
a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child;
(b)
a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child;
(c)
an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child.
(3)
Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—
(a)
for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above,
(b)
for the purpose of civil or criminal proceedings, or
(c)
where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board.
(4)
Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board.
(5)
A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made—
(a)
in accordance with sub-paragraph (3),
(b)
in accordance with an enactment or an order of a court,
(c)
with consent given by or on behalf of the person to whom the information relates, or
(d)
in such a way as to prevent the identification of the person to whom it relates.
(6)
It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful.
(7)
A person guilty of an offence under sub-paragraph (5) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(8)
In sub-paragraph (2) “child” means a person under the age of eighteen and—
(a)
in paragraph (a), “local authority” has the meaning given by section 105(1) of the Children Act 1989;
(b)
in paragraph (b), “local authority” has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and
(c)
in paragraph (c), “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)).
(9)
The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Unauthorised disclosure of information
11
(1)
Section 182 of the Finance Act 1989 (c. 26) (disclosure of information) is amended as follows.
(2)
In subsection (1)—
(a)
after “tax functions” continue to insert “
, tax credit functions
”
, and
(b)
“(aa)
to a tax credit in respect of any identifiable person,”.
(3)
“(2ZA)
In this section “tax credit functions” means the functions relating to tax credits—
(a)
of the Board,
(b)
of any person carrying out the administrative work of the General Commissioners or the Special Commissioners, and
(c)
of any other person providing, or employed in the provision of, services to the Board or to any person mentioned in paragraph (b) above.”
(4)
In subsection (2A), after “contributions,” insert “
child benefit, guardian’s allowance,
”
.
(5)
In subsection (4)—
(a)
in paragraph (b), after “tax functions” continue to insert “
, tax credit functions
”
,
(b)
in paragraph (c), after “tax functions” continue to insert “
, tax credit functions
”
,
(c)
“(ia)
to a tax credit in respect of any identifiable person,”,
and
(d)
in sub-paragraph (iii) of that paragraph, after “to” insert “
child benefit, guardian’s allowance,
”
.
(6)
In subsection (5)(b), for “, to working families tax credit or disabled person’s tax credit” substitute “
or to a tax credit
”
.
(7)
““tax credit” means a tax credit under the Tax Credits Act 2002,”.
Consequential amendments
12
In—
F37(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
section 116(1)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8),
(supply of information held by tax authorities for fraud prevention and verification), for “or paragraph 2 of Schedule 5 to the Tax Credits Act 1999” substitute “
or paragraph 4 of Schedule 5 to the Tax Credits Act 2002
”
.
13
In section 110(5A) of the Finance Act 1997 (c. 16)
(obtaining by Board and Commissioners of Customs and Excise of information from social security authorities), for “paragraph 3 of Schedule 5 to the Tax Credits Act 1999 (supply to Inland Revenue for purposes of tax credit of information so held)” substitute “
paragraph 6 of Schedule 5 to the Tax Credits Act 2002 (supply to Inland Revenue for purposes of tax credit, child benefit or guardian’s allowance of information so held)
”
.
SCHEDULE 6Repeals and revocations
Title and reference | Extent of repeal or revocation |
|---|---|
Taxes Management Act 1970 (c. 9) | In section 36(3A), the words “or under Schedule 13B to that Act (elections as to transfer of children’s tax credit)”. In section 37A, the words “or partner” and the words “or paragraph 4 of Schedule 13B to that Act”. In section 43A(2A), the words “or under Schedule 13B to that Act (elections as to transfer of children’s tax credit)”. In section 58(3)(b), the words “, paragraph 6 of Schedule 13B to that Act”. |
Social Security Act 1986 (c. 50) | In Schedule 10, paragraph 61. |
Income and Corporation Taxes Act 1988 (c. 1) | Section 257AA. Section 257A(7) to (9). In section 257C(1) and (3), the words “, 257AA(2) and (2A)”. In section 617, in subsection (1), paragraph (b) and the word “and” before it and, in subsection (2)(a), the words “, working families tax credit, disabled person’s tax credit”. Schedule 13B. |
Children Act 1989 (c. 41) | In section 17A(5)(b), the words “, working families’ tax credit or disabled person’s tax credit”. |
Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20)) | In Article 131(3)(b), the words “or disabled person’s tax credit”. |
Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21) | In Schedule 3, Part 2. |
Child Support Act 1991 (c. 48) | In section 54, the definition of “working families’ tax credit”. |
Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (S.I. 1991/1712 (N.I. 17)) | In Schedule 3, paragraph 9. |
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) | In Article 2(2), the definition of “working families’ tax credit”. |
Social Security Contributions and Benefits Act 1992 (c. 4) | In section 20(1), the words “(with increase for child dependants)” (in each place) and, in paragraph (f)(i), the words “and child”. In section 21(5A)(b), the words “and 45A(1)(a)”. In section 30B(3), the word “80,”. Section 45A. In section 56(1), the words “(and in particular to those of section 81 below)”. Section 60(6). In sections 61(1) and (2), the words “on account of a child or an adult”. In section 63(c) and (f)(i), the words “and child”. In section 77(1), the words following paragraph (b). In section 78(4)(d), the word “80,”. Sections 80 and 81. In section 89(1), the words “section 80 and” and, in the heading, the words “child or”. In section 90, the words “child or”. In section 91(1)(b), the words “for an adult dependant”. In section 122(1), in the definition of “week”, the words “, except in relation to disabled person’s tax credit,”. Section 123(1)(b) and (c). Sections 128 and 129. In section 135(5), the words “In relation to income support, housing benefit and council tax benefit,”. Section 145(5). In section 175(1A), in paragraph (a), the words “of Part 1 or 6 of this Act” and paragraph (b) and the word “and” before it. In Schedule 4, in Part 4, in column (1), the entries relating to widowed mother’s allowance, widowed parent’s allowance and child’s special allowance and column (2). In Schedule 5, in paragraph 2(5)(b), the word “80,”. In Schedule 9, paragraph 4. |
Social Security Administration Act 1992 (c. 5) | In section 3(3), the words “(together with any increase under section 80(5) of the Contributions and Benefits Act)”. Section 5(2)(c) and (d). Section 11. Section 71(11)(c) and (d). In section 121DA(1), the words “working families’ tax credit, disabled person’s tax credit,”. In section 124(2)(b), the words “and working families tax credit”. In section 150, in subsection (1), paragraph (f) and, in paragraph (h), the words “prescribed for the purposes of section 128(5) or 129(8) of that Act or” and subsection (10)(b)(i) and (ii). Section 154(2)(b) and (c). Section 163(2)(d)(ii) and (iii). Section 179(5)(b) and (c). In section 189(1), the word “other”. In section 191, in the definition of “income-related benefit”, paragraphs (b) and (c). |
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | In section 20(1), the words “(with increase for child dependants)” (in each place) and, in paragraph (f)(i), the words “and child”. In section 21(5A)(b), the words “and 45A(1)(a)”. In section 30B(3), the word “80,”. Section 45A. In section 56(1), the words “(and in particular to those of section 81 below)”. Section 60(6). In section 61(1) and (2), the words “on account of a child or an adult”. In section 63(c) and (f)(i), the words “and child”. In section 77(1), the words following paragraph (b). In section 78(4)(d), the word “80,”. Sections 80 and 81. In section 89(1), the words “section 80 and” and, in the heading, the words “child or”. In section 90, the words “child or”. In section 91(1)(b), the words “for an adult dependant”. In section 121(1), in the definition of “week”, the words “, except in relation to disabled person’s tax credit,”. Section 122(1)(b) and (c). Sections 127 and 128. In section 131(5), the words “In relation to income support and housing benefit,”. Section 141(5). In section 172, in subsection (2)(a), the words “or 141” and, in subsection (3)(c), the words “(other than section 141)”. In Schedule 4, in Part 4, in column (1), the entries relating to widowed mother’s allowance, widowed parent’s allowance and child’s special allowance and column (2). In Schedule 5, in paragraph 2(5)(b), the word “80,”. In Schedule 9, paragraph 4. |
Social Security Administration (Northern Ireland) Act 1992 (c. 8) | In section 3(3), the words “(together with any increase under section 80(5) of the Contributions and Benefits Act)”. Section 5(2)(c) and (d). Section 9. Section 69(11)(c) and (d). In section 115CA(1), the words “working families’ tax credit, disabled person’s tax credit,”. Section 134(2)(b) and (c). Section 155(5)(b) and (c). In section 167(1), in the definition of “income-related benefit”, paragraphs (b) and (c). |
Local Government Finance Act 1992 (c. 14) | In Schedule 9, paragraphs 2 and 8. |
Finance Act 1994 (c. 9) | In section 139(1), paragraph (b) and the word “and” before it. |
Social Security (Incapacity for Work) Act 1994 (c. 18) | Section 2(4). Section 10. In Schedule 1, paragraph 32. |
Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) | Article 4(3). Article 12. In Schedule 1, paragraph 32. |
Jobseekers Act 1995 (c. 18) | Section 29(7)(a) and (b). In Schedule 2, paragraphs 9, 33 and 34. |
Pensions Act 1995 (c. 26) | Section 127. |
Children (Scotland) Act 1995 (c. 36) | In section 22(4)(a), the words “or working families’ tax credit”. |
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) | In Article 2(2), the definitions of “disabled person’s tax credit” and “working families’ tax credit”. In Article 18C(7)(b), the words “, working families’ tax credit or disabled person’s tax credit”. |
Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) | Article 31(7)(a) and (b). In Schedule 2, paragraphs 2, 16 and 17. |
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) | Article 124. |
Employment Tribunals Act 1996 (c. 17) | Section 21(1)(fg). |
Employment Rights Act 1996 (c. 18) | Section 192(2)(ab). |
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) | Article 237(2)(ab). |
Finance Act 1997 (c. 16) | Section 110(5AA). |
Social Security Act 1998 (c. 14) | Section 8(3)(d) and (e). |
Tax Credits (Initial Expenditure) Act 1998 (c. 16) | The whole Act. |
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) | Article 9(3)(d) and (e). |
Tax Credits Act 1999 (c. 10) | The whole Act. |
Finance Act 1999 (c. 16) | Section 30. Section 31(9) and (12). Schedule 3. |
Access to Justice Act 1999 (c. 22) | Section 33. |
Employment Relations Act 1999 (c. 26) | Section 18(5). In Schedule 4, paragraph 31(a). |
Welfare Reform and Pensions Act 1999 (c. 30) | In Schedule 8, paragraphs 11 and 14. |
Immigration and Asylum Act 1999 (c. 33) | Section 115(1)(f) and (g). |
Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) | Article 20(5)(b). In Schedule 4, paragraph 13(a). |
Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) | In Schedule 8, paragraphs 10 and 13. |
Finance Act 2000 (c. 17) | Section 34. In section 84(2), the words “an employment credit or”. |
Government Resources and Accounts Act 2000 (c. 20) | In Schedule 1, paragraph 25. |
Finance Act 2001 (c. 9) | Sections 52 and 53. Schedule 11. |
Social Security Fraud Act 2001 (c. 11) | In section 7(8), in the definition of “disqualifying benefit”, paragraph (b)(ii) and (iii). |
Social Security Fraud Act (Northern Ireland) 2001 (c. 17 (N.I.)) | In section 6(8), in the definition of “disqualifying benefit”, paragraph (b)(ii) and (iii). |
Employment Act 2002 (c. 22) | In Schedules 3, 4 and 5, the entries relating to Schedule 3 to the Tax Credits Act 1999. In Schedule 6, paragraphs 9 and 10. In Schedule 7, paragraph 52. |
Criminal Injuries Compensation (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I. 1)) | Article 12(3). |