2003 No. 938
The Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003
Made
The Treasury, in relation to articles 1 and 2, in exercise of the powers conferred upon them by section 61 of the Tax Credits Act 20021 and the Secretary of State for Work and Pensions, in relation to articles 1 and 3 to 5 in exercise of the powers conferred on him by section 62(1) of that Act and of all other powers enabling each of them in that behalf, hereby make the following Order:
Citation and interpretation1
1
This Order may be cited as the Tax Credits Act 2002 (Commencement No.3 and Transitional Provisions and Savings) Order 2003.
Appointed day2
The day appointed for the coming into force of–
a
section 1(3)(e) of the 2002 Act (abolition of increases in benefits in respect of children under sections 80 and 90 of the Contributions and Benefits Act);
b
section 60 of, and Schedule 6, to, the 2002 Act, insofar as they repeal the provisions specified in the Schedule to this Order,
is 6th April 2003.
Saving provision3
1
Notwithstanding the coming into force of the specified provisions, the Contributions and Benefits Act and the Administration Act shall, in cases to which paragraph (2) applies, subject to paragraph (3), continue to have effect from the commencement date as if those provisions had not come into force.
2
This paragraph applies where a person–
a
is entitled to a relevant increase on the day before the commencement date; or
b
claims a relevant increase on or after the commencement date and it is subsequently determined that he is entitled to a relevant increase in respect of a period which includes the day before the commencement date.
3
The provisions saved by paragraph (1) shall continue to have effect until–
a
subject to sub-paragraph (c), where a relevant increase ceases to be payable to a person to whom paragraph (2) applies for a period greater than 58 days beginning with the day on which it was last payable, on the day 59 days after the day on which it was last payable; or
b
in any other case, subject to sub-paragraph (c), on the date on which entitlement to a relevant increase ceases;
c
where regulation 6(19) or (23) of the Social Security (Claims and Payments) Regulations 19874 applies to a further claim for a relevant increase, on the date on which entitlement to that relevant increase ceases.
4
In this article–
“the commencement date” means 6th April 2003;
“a relevant increase” means an increase under section 80 or 90 of the Contributions and Benefits Act;
“the specified provisions” means the provisions of the 2002 Act which are brought into force by article 2.
Transitional application of sections 37 and 39A of the Contributions and Benefits Act4
For the purposes of the continuing application of sections 37 (widowed mother’s allowance) and 39A5 (widowed parent’s allowance) of the Contributions and Benefits Act in cases to which article 3(2) applies, those sections shall apply as if the amendments specified in paragraphs 26 and 28 of Schedule 3 to the 2002 Act had not come into force.
Transitional application of section 154 of the Administration Act5
For the purposes of the continuing application of section 154(2)(c) of the Administration Act in cases to which article 3(2) applies, that section shall apply as if it had not been repealed in Schedule 6 to the 2002 Act and the reference to child benefit in that section shall be treated as including a reference to child tax credit under section 8 of the 2002 Act.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULEREPEALS SPECIFIED IN SCHEDULE 6 TO THE 2002 ACT WHICH ARE COMMENCED BY THIS ORDER
Act | Provision |
|---|---|
Contributions and Benefits Act | 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 30B(3), the word “80,”. 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 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”. |
Administration Act | In section 3(3), the words “(together with any increase under section 80(5) of the Contributions and Benefits Act)”. Section 150(1)(f). |
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions have been brought into force by the Tax Credits Act 2002 (Commencement No.1) Order 2002 (C.52) (S.I. 2002/1727) and the Tax Credits Act 2002 (Commencement No.2) Order 2003 (C.25)(S.I. 2003/392).
Provision | Date of Commencement | S.I. Number |
|---|---|---|
Section 1(1) and (2) | 9th July 2002 | |
Section 2 | 9th July 2002 | |
Section 3(1) and (3) | 9th July 2002 | |
Section 3(1) and (3) | 1st August 2002 | |
Section 3(1) and (3) | 1st January 2003 | |
Section 3(1) and (3) | 6th April 2003 | |
Section 3(2)(a) | 1st January 2003 | |
Section 3(2)(b) | 1st January 2003 | |
Section 3(4) | 1st August 2002 | |
Section 3(5) to (8) | 9th July 2002 | |
Section 4(1) | 9th July 2002 | |
Section 4(2) | 1st August 2002 | |
Section 5(1) and (3) | 1st January 2003 | |
Section 5(2) and (3) | 6th April 2003 | |
Section 6 | 9th July 2002 | |
Section 7(1) to (5) | 9th July 2002 | |
Section 7(1) to (5) | 1st August 2002 | |
Section 7(1) to (5) | 1st January 2003 | |
Section 7(1) to (5) | 6th April 2003 | |
Section 7(6) to (9) | 9th July 2002 | |
Section 7(10) | 1st August 2002 | |
Section 8 (partially) | 9th July 2002 | |
Section 8 (partially) | 1st August 2002 | |
Section 8 (partially) | 1st January 2003 | |
Section 8 | 6th April 2003 | |
Section 9 (partially) | 9th July 2002 | |
Section 9 (partially) | 1st August 2002 | |
Section 9 (partially) | 1st January 2003 | |
Section 9 | 6th April 2003 | |
Section 10 (partially) | 9th July 2002 | |
Section 10 (partially) | 1st August 2002 | |
Section 10 (partially) | 1st January 2003 | |
Section 10 | 6th April 2003 | |
Section 11 (partially) | 9th July 2002 | |
Section 11 (partially) | 1st August 2002 | |
Section 11 (partially) | 1st January 2003 | |
Section 11 | 6th April 2003 | |
Section 12(1) to (5) (partially) | 9th July 2002 | |
Section 12(1) to (5) (partially) | 1st August 2002 | |
Section 12(1) to (5) (partially) | 1st January 2003 | |
Section 12(1) to (5) | 6th April 2003 | |
Section 12(5) to (8) (partially) | 9th July 2002 | |
Section 13 (partially) | 9th July 2002 | |
Section 13 (partially) | 1st August 2002 | |
Section 13 (partially) | 1st January 2003 | |
Section 13 | 6th April 2003 | |
Section 14(1) and (3) | 1st January 2003 | |
Section 14(2) (partially) | 9th July 2002 | |
Section 14(2) | 1st August 2002 | |
Section 15(1) | 1st January 2003 | |
Section 15(2) (partially) | 9th July 2002 | |
Section 15(2) (partially) | 1st August 2002 | |
Section 16(1) | 1st January 2003 | |
Section 16(2)& (3) (partially) | 1st January 2003 | |
Section 16(3) | 9th July 2002 | |
Section 17(1) to (9) | 6th April 2003 | |
Section 17(10) | 9th July 2002 | |
Section 18 | 6th April 2003 | |
Section 19 (partially) | 6th April 2003 | |
Section 19(2) | 9th July 2002 | |
Section 20 | 6th April 2003 | |
Section 21 | 9th July 2002 | |
Section 22 | 9th July 2002 | |
Section 23 (partially) | 1st January 2003 | |
Section 23 | 6th April 2003 | |
Section 24 (partially) | 9th July 2002 | |
Section 24 (partially) | 1st August 2002 | |
Section 24 (partially) | 1st January 2003 | |
Section 24 | 6th April 2003 | |
Section 25(1), (2) and (5) (7) (partially) | 9th July 2002 | |
Section 25(3), (4) and (5) | 6th April 2003 | |
Section 26 | 1st January 2003 | |
Section 27 and Schedule 1 | 1st September 2002 | |
Sections 28 to 30 (partially) | 6th April 2003 | |
Section 30 | 1st January 2003 | |
Section 31 (partially) | 1st August 2002 | |
Section 31 (partially) | 1st January 2003 | |
Section 31 | 6th April 2003 | |
Section 32 (partially) | 1st August 2002 | |
Section 32 (partially) | 1st January 2003 | |
Section 32 | 6th April 2003 | |
Section 33 | 6th April 2003 | |
Section 34 and Schedule 2 (partially) | 1st August 2002 | |
Section 34 and Schedule 2 (partially) | 1st January 2003 | |
Section 34 and Schedule 2 (partially) | 6th April 2003 | |
Section 34 and Schedule 2 (partially) | 1st August 2002 | |
Section 34 and Schedule 2 (partially) | 1st January 2003 | |
Section 34 and Schedule 2 | 6th April 2003 | |
Section 35 | 1st August 2002 | |
Section 36 | 1st August 2002 | |
Section 37(1) to (4) and (6) | 6th April 2003 | |
Section 37(2) and (5) | 9th July 2002 | |
Section 37(2) and (6) | 1st August 2002 | |
Section 37(5) and (6) | 1st January 2003 | |
Section 37(5) and (6) | 6th April 2003 | |
Section 37(5) and (6) | 1st August 2002 | |
Section 37(5) and (6) | 1st January 2003 | |
Section 37(5) and (6) | 6th April 2003 | |
Section 37(5) and (6) | 6th April 2003 | |
Sections 38 and 39 | 1st September 2002 | |
Sections 38 and 39 | 1st January 2003 | |
Sections 38 and 39 | 6th April 2003 | |
Sections 38 and 39 | 1st September 2002 | |
Sections 38 and 39 | 1st January 2003 | |
Sections 38 and 39 | 6th April 2003 | |
Sections 38 and 39 | 6th April 2003 | |
Sections 38 and 39 | 1st January 2003 | |
Sections 38 and 39 | 6th April 2003 | |
Section 40 | 6th April 2003 | |
Section 41 | 6th April 2003 | |
Sections 42 and 43 | 9th July 2002 | |
Section 44 | 9th July 2002 | |
Section 45 | 1st January 2003 | |
Section 46 | 1st August 2002 | |
Section 48 | 9th July 2002 | |
Sections 51 to 53, 54(3) to (10) and Schedule 4 (partially) | 26th February 2003 1st April 2003 7th April 2003 | |
Section 58 (partially) | 9th July 2002 | |
Section 58 (partially) | 26th February 2003 | |
Section 59 and Schedule 5 | 1st August 2002 26th February 2003 1st April 2003 | |
Section 60 and Schedule 6 partially) | 27th August 2002 | |
Section 60 and Schedule 6 (partially) | The day immediately following the expiry of the period of 26 weeks from the date of commencement of the award. | |
Section 60 and Schedule 6 (partially) | 26th February 2003 | |
Section 60 and Schedule 6 (partially) | 1st April 2003 | |
Section 60 and Schedule 6 (partially) | 7th April 2003 |