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These Regulations amend the Tax Credits (Definition and Calculation of Income) Regulations 2002 (“the Income Regulations”), the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (“the Entitlement Regulations”), the Tax Credits (Claims and Notifications) Regulations 2002 and the Tax Credits (Payments by the Commissioners) Regulations 2002.
Regulation 2 amends the Income Regulations.
Regulation 2(2) amends Table 1 in regulation 4(4). The Table contains a list of payments and benefits which are disregarded in the calculation of employment income. A new item (3B) is added, so as to exempt payments designated by the Secretary of State for Defence as Council Tax Relief and made by the Secretary of State for Defence to a member of Her Majesty’s forces.
Regulation 2(3) omits regulation 5(1)(m). The effect is to omit any payment to which section 623 of Income Tax (Earnings and Pensions) Act 2003 (c.1) (“ITEPA”) applies. Section 623 of ITEPA was repealed as part of the pension simplification changes, however, a transitional Order retained Chapter 13 of Part 9 of ITEPA in respect of surplus Additional Voluntary Contributions paid between 6th April and 6th July 2006 where the right to receive those surplus contributions arose before 6th April 2006. As this transitional period has now ended, the reference to section 623 ITEPA is spent, and regulation 5(1)(m) is omitted.
Regulation 3 amends regulation 14(2) of the Entitlement Regulations by restructuring the provisions in respect of child care in England and Wales so that the provision for each territory appears in a separate sub-paragraph. As a consequence of these changes sub-paragraph (e) is revoked.
Regulation 4 amends regulation 11(3) of the Tax Credits (Claims and Notifications) Regulations to change the circumstances when a claim for tax credit is treated as made.
Regulation 5 amends regulation 12(4) of the Tax Credits (Payments by the Commissioners) Regulations 2002 to give the Commissioners for Her Majesty’s Revenue and Customs discretion in determining the amount of any further payments of tax credit and to specify the factors which the Commissioners may take into account in determining the amount of those payments.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
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