2022 No. 346

Social Security
Tax Credits

The Child Benefit and Tax Credits (Amendment) Regulations 2022

Made

Laid before Parliament

Coming into force

The Treasury make the following Regulations in exercise of the powers conferred by sections 146(3) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921, sections 142(3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, now exercisable by them3, and sections 7(8) and (9), and 65(1), (7) and (9) of the Tax Credits Act 20024.

Citation and commencement1

These Regulations may be cited as the Child Benefit and Tax Credits (Amendment) Regulations 2022 and come into force on 22nd March 2022.

Amendment of the Child Benefit (General) Regulations 20062

1

The Child Benefit (General) Regulations 20065 are amended as follows.

2

In regulation 23 (circumstances in which person treated as not being in Great Britain) at paragraph (6)6

a

for the “.” at the end of sub-paragraph (r) substitute “;”; and

b

after sub-paragraph (r) insert—

s

left Ukraine in connection with the Russian invasion which took place on 24th February 2022, providing that person was residing in Ukraine immediately before 1st January 2022.

3

In regulation 27 (circumstances in which a person treated as not being in Northern Ireland) at paragraph (5)7

a

for the “.” at the end of sub-paragraph (r) substitute “;”; and

b

after sub-paragraph (r) insert—

s

left Ukraine in connection with the Russian invasion which took place on 24th February 2022, providing that person was residing in Ukraine immediately before 1st January 2022.

Amendment of the Tax Credits (Definition and Calculation of income) Regulations 20023

1

The Tax Credits (Definition and Calculation of Income) Regulations 20028 are amended as follows.

2

In regulation 19 (general disregards in the calculation of income) in Table 6 (sums disregarded in the calculation of income) after item 42, insert—

43

Any payment made in accordance with the terms of the Homes for Ukraine Scheme to a person who has been approved under that scheme to provide accommodation to persons who are eligible under that scheme.

In this item, “Homes for Ukraine Scheme” means the scheme established by the Department for Levelling Up, Housing and Communities on 18th March 20229.

Michael TomlinsonGareth JohnsonTwo of the Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend child benefit and tax credits legislation.

Regulation 1 provides for citation and commencement.

Regulation 2 amends regulations 23 and 27 of the Child Benefit (General) Regulations 2006 (S.I. 2006/223) (“the principal Regulations”). Regulation 23 of the principal Regulations sets out the circumstances in which a person is treated as not being in Great Britain for the purposes of entitlement to child benefit. In particular paragraph (5) sets out a 3-month residence requirement with paragraph (6) providing for exceptions to this requirement. Regulation 2(2) of these Regulations amends paragraph (6) of regulation 23 of the principal Regulations to include an exception to that requirement for any person in Great Britain who left Ukraine in connection with the Russian invasion which took place on 24th February 2022, providing that person was residing in Ukraine immediately before 1st January 2022. Regulation 27 of the principal Regulations makes identical provision in respect of Northern Ireland. Paragraph (4) sets out the 3-month residence requirement, with paragraph (5) providing for exceptions to this requirement. Regulations 2(3) of these Regulations amends paragraph (5) of regulations 27 of the principal Regulations to include an identical exception in relation to Northern Ireland.

Regulation 3 amends Table 6 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006) by inserting new entry 43. That entry provides that payments made under the Homes for Ukraine Scheme are to be disregarded in calculating income for the purposes of tax credits.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.