The Tax Credits (Payments by the Commissioners) Regulations 2002

Entitlement to tax credit or element dependent on a bank account or other account having been notified to [F1 the Commissioners] U.K.

14.—(1) Subject to paragraphs (2) and (3), if by the end of the relevant period no bank account or other account has been notified to [F1 the Commissioners] by the person to whom payment of a tax credit or element is to be made, that person shall cease to be entitled to the tax credit or element for the remainder of the period of the award until a bank account or other account is notified to [F1 the Commissioners].

(2) Where a person who has ceased to be entitled to a tax credit or an element by virtue of paragraph (1) subsequently notifies to [F1 the Commissioners] a bank account or other account, paragraph (1)—

(a) shall not have effect for the period of three months prior to the date on which [F1 the Commissioners] receive the notification; and

(b) shall cease to have effect for the remainder of the period of award.

(3) Where there are exceptional circumstances which are expected to result in a person not being able to obtain a bank account or other account throughout the period of award, paragraph (1) shall not have effect in relation to that person’s entitlement to a tax credit or element for the period of award.

(4) “The relevant period” means whichever of the following periods ends latest—

(a) the period of 8 weeks beginning on the date on which [F1 the Commissioners] [F2 give] notice in writing for the purposes of this regulation to the person to whom payment is to be made of the requirement that a bank account or other account be notified to them;

(b) in cases where, within the period mentioned in sub-paragraph (a), the person to whom payment is to be made—

(i) requests from [F1 the Commissioners] authority to open an account for which such authority is required; and

(ii) provides sufficient information from which [F1 the Commissioners] can give that authority,

the period of 3 weeks beginning on the date on which [F1 the Commissioners] [F2 give] that authority;

(c) in cases where the person to whom payment is to be made has a reasonable excuse—

(i) for not being able to take all necessary steps to obtain a bank account or other account within whichever of the periods set out in sub-paragraph (a) or (b) ends latest; or

(ii) for not being able to notify to [F1 the Commissioners] the bank account or other account within that period,

the period ending with the date by which the account can reasonably be expected to be notified to [F1 the Commissioners].

(5) “Writing” includes writing produced by electronic communications that are approved by [F1 the Commissioners].

Textual Amendments

F1 Words 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)

F2 Word in reg. 14(4)(a)(b) substituted (6.4.2003) by The Tax Credits (Claims and Notifications and Payments by the Board) (Amendment) Regulations 2003 (S.I. 2003/723), regs. 1, 12