12.—(1) The tax credit or element shall be paid in accordance with the most recent decision by [F1the Commissioners] under section 14(1), 15(1) or 16(1) of the Act.
(2) Where the tax credit or element is to be paid other than by way of a single payment, it shall be paid so far as possible in such amounts as will result in the person to whom payment is to be made receiving regular payments of similar amounts over the entire period of award.
(3) Where an award of tax credit is amended, the total amount paid prior to the award being amended [F2may] be taken into account by [F1the Commissioners] in determining the amount of any further payments for the remainder of the period of award.
[F3(4) Where payments under section 24(4) of the Act are to be made the Commissioners may take any or both of the following factors into account in determining the amount of those payments—
(a)the rate at which the person or persons were entitled to the tax credit for the relevant tax year;
(b)the estimated amount of income the person or persons referred to above may receive in the current tax year.]
[F4(5) Paragraph (6) applies where the United Kingdom is competent to pay family benefits in accordance with Article 39 of the Reciprocal Agreement with Ireland.
(6) Where Article 41(2) of the Reciprocal Agreement with Ireland applies, in the event that primary competence for payment of family benefits changes during a month, child tax credit will be paid for the remainder of that month.
(7) For the purposes of paragraph (6), primary competence is to be determined in accordance with Article 39 of the Reciprocal Agreement with Ireland.
(8) In paragraphs (5) to (7)—
(a)“family benefits” has the meaning as set out in Article 3(1)(x) of the Reciprocal Agreement with Ireland; and
(b)“the Reciprocal Agreement with Ireland” means the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1st February 2019.]
Textual Amendments
F1Words in regs. 3-14 substituted (29.8.2005) by The Tax Credit (Payment by Employers, etc.) (Amendment) Regulations 2005 (S.I. 2005/2200), regs. 1(1), 7(4)
F2Word in reg. 12(3) substituted (6.4.2007) by The Tax Credits (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/824), regs. 1, 15
F3Reg. 12(4) substituted (6.4.2008) by The Tax Credits (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/604), regs. 1(b), 5(2)
F4Reg. 12(5)-(8) inserted (coming into force in accordance with reg. 1(2)(b) of the amending S.I.) by The Tax Credits and Child Trust Funds (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/713), reg. 7 (see S.I 2019/622, art. 1 and S.I. 2019/128, reg. 1(2)); 2020 c. 1, Sch. 5 para. 1(1)