Disqualifying tax credit and universal credit claimants from obtaining top-up payments: change of circumstancesU.K.
18.—(1) The following are to be regarded as changes of circumstances in relation to a person for the purposes of sections 32 and 33 (power to disqualify tax credit or universal credit claimants from obtaining top-up payments)—
(a)a person no longer meets the conditions of eligibility in sections 7 to 9, or a person's partner no longer meets the condition in section 9;
(b)the composition of a person's household changes, including where—
(i)a person's partner joins the person's household or the person joins the partner's household;
(ii)a person or a person's partner takes responsibility for another child or qualifying young person;
(iii)a person's partner or a child leaves the household; or
(iv)a person's partner or child dies;
(c)a person or the person's partner is absent from the household for at least one month;
(d)a person's child or the person's partner's child is awarded, or ceases to be entitled to, disability living allowance, personal independence payment or armed forces independence payment;
(e)the principal employment of a person or a person's partner changes;
(f)the employment status of a person or a person's partner changes;
(g)a person becomes liable to pay HMRC an amount under section 35(2), 36(2), 37(2) or 38(3) (recovery of top-up payment where award of tax credit or universal credit made on review, revision or appeal); or
(h)any other change entitles a person or a person's partner to make a claim that results in either—
(i)a first award of a tax credit; or
(ii)a first award of universal credit.
(2) For the purposes of paragraph (1)(b)(ii)—
(a)in a case within section 32—
(i)a person takes responsibility for a child or qualifying young person where the person takes such responsibility in accordance with the rules in regulation 3 of the Child Tax Credit Regulations 2002 M1; and
(ii)“qualifying young person” has the meaning given in regulations 2 and 5(3) and (4) of those Regulations;
(b)in a case within section 33—
(i)a person takes responsibility for a child or qualifying young person where the person takes such responsibility as determined by regulations 4 and 4A of the Universal Credit Regulations 2013 M2; and
(ii)“qualifying young person” has the meaning given in regulation 5 of those Regulations;
(c)“child” means a person under the age of 16.
(3) In paragraph (1)(b)(iii) and (iv) and (1)(d) “child” means a qualifying child for the purposes of the Act.
(4) In paragraph (1)(e), a person's “principal employment” is the employment in which the greater part of the person's working time is spent.
Marginal Citations
M1S.I. 2002/2007. Regulation 3 was amended by S.I. 2004/762, 2005/2919, 2006/1163, 2007/2151, 2008/1879, 2008/2169, 2009/697, 2011/1740, 2012/848 and 2013/1465.
M2S.I. 2013/376. Regulation 4 was amended, and regulation 4A was added, by S.I. 2013/1508.