The Child Tax Credit Regulations 2002

Prescribed conditions for a disabled or severely disabled child or qualifying young person U.K.

8.—(1) For the purposes of section 9 of the Act a child or qualifying young person—

(a) is disabled if he satisfies the requirements of paragraph (2); and

(b) is severely disabled if he satisfies the requirements of paragraph (3) [F1 or (4)] [F2 or (5)].

(2) A person satisfies the requirements of this paragraph if—

(a) disability living allowance is payable in respect of him, or has ceased to be so payable solely because he is a patient; or

(b) he is—

(i) registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) M1 ,

(ii) in Scotland, has been certified as blind [F3 and in consequence is registered as blind] in a register maintained by or on behalf of [F4 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] M2 ), or

(iii) in Northern Ireland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or

(c) he ceased to be so registered or certified as blind within the 28 weeks immediately preceding the date of claim [F5 ; or

(d) personal independence payment is payable in respect of that person, or would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012].

(3) A person satisfies the requirements of this paragraph if the care component of disability living allowance—

(a) is payable in respect of him, or

(b) would be so payable but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act M3 or an abatement as a consequence of hospitalisation,

at the highest rate prescribed under section 72(3) of that Act.

[F6 (4) A person satisfies the requirements of this paragraph if the daily living component of personal independence payment—

(a) is payable in respect of that person, or

(b) would be so payable but for regulations made under section 86(1) (hospital in-patients) of the Welfare Reform Act 2012,

at the enhanced rate under section 78(2) of that Act.]

[F7 (5) A person satisfies the requirements of this paragraph if an armed forces independence payment is payable in respect of him.]

Textual Amendments

F1 Words in reg. 8(1)(b) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 30(3)(a)

F2 Words in reg. 8(1)(b) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 26(3)(a)

F3 Words in reg. 8(2)(b)(ii) inserted (6.4.2010) by The Tax Credits (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/751), regs. 1, 19(a)

F4 Words in reg. 8(2)(b)(ii) substituted (6.4.2010) by The Tax Credits (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/751), regs. 1, 19(b)

F5 Reg. 8(2)(d) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 30(3)(b)

F6 Reg. 8(4) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 30(3)(c)

F7 Reg. 8(5) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 26(3)(b)

Marginal Citations

M1 1948 c.29.

M2 1994 c.39.

M3 1992 c.4.