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STATUTORY INSTRUMENTS


2001 No. 892

SOCIAL SECURITY

TAXES

The Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001

  Made 9th March 2001 
  Laid before Parliament 12th March 2001 
  Coming into force in accordance with regulation 1(2) and (3)

The Treasury, in exercise of the powers conferred upon them by sections 128(3), 129(6), 136(3) and (4), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1], and section 2(1)(a) and (4) of, and paragraphs 1(c), (d) and (g) and 20(a) of Schedule 2 to, the Tax Credits Act 1999[2], and the Commissioners of Inland Revenue, in exercise of the powers conferred upon them by section 137(2)(c) and (d) of the Social Security Contributions and Benefits Act 1992[3], sections 5(1)(b) and (k) and (2)(c) and (d) and 189(1), (4) and (5) of the Social Security Administration Act 1992[4] and sections 2(1)(c) and 6 of, and paragraphs 7 and 20(a) and (c) of Schedule 2 to, the Tax Credits Act 1999, hereby make the following Regulations:

Citation, commencement and effect
     1.  - (1) These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001.

    (2) Except for regulation 20, these Regulations shall come into force on 4th April 2001.

    (3) Regulation 20 shall come into force on 10th April 2001 immediately after the Tax Credits (Claims and Payments) (Amendment) Regulations 2001[
5].

    (4) Regulations 4 to 9, 12 to 17 and 19 shall have effect in relation to claims which are made on or after 4th April 2001.

    (5) Regulations 10 and 18 shall have effect in relation to award periods which are current on or after 4th April 2001.

    (6) Regulation 20 shall have effect in relation to claims which are made on or after 10th April 2001.

Interpretation
     2. In these Regulations - 

Amendments to the Disability Working Allowance Regulations
     3.  - (1) Amend regulation 2 of the Disability Working Allowance Regulations as follows.

    (2) After the definition of "employment zone contractor"[
8] insert the following definition - 

    (3) After the definition of "lower rate"[9] insert the following definition - 

    (4) After the definition of "sports award"[11] insert the following definitions - 

    (5) After the definition of "subsistence allowance"[12] insert the following definition - 

     4.  - (1) Amend regulation 6 of the Disability Working Allowance Regulations as follows.

    (2) In paragraph (4)[
14] - 

    (3) In paragraph (5)[15] after sub-paragraph (d) add the following sub-paragraph - 

     5.  - (1) Amend regulation 16 of the Disability Working Allowance Regulations as follows.

    (2) In each of paragraphs (2) to (5) for the words "paragraph (7)" substitute "paragraphs (7), (8A), (8B) and (8C)".

    (3) After paragraph (8) insert the following paragraphs - 

     6.  - (1) Amend regulation 21 of the Disability Working Allowance Regulations[16] as follows.

    (2) After paragraph (4) add the following paragraphs - 

     7.  - (1) Amend regulation 22 of the Disability Working Allowance Regulations as follows.

    (2) In paragraph (4)[
17] after the words "paragraph (8)" insert ", (8A) or (8B)".

     8.  - (1) Amend regulation 24 of the Disability Working Allowance Regulations as follows.

    (2) After paragraph (3)[
18] add the following paragraph - 

     9.  - (1) Amend regulation 51A of the Disability Working Allowance Regulations[19] as follows.

    (2) After paragraph (2) insert the following paragraph - 

    (3) In paragraph (2A)[20] after sub-paragraph (c) add the following sub-paragraph - 

     10. After regulation 54 insert the following regulation - 

Amendments to the Family Credit Regulations
    
11.  - (1) Amend regulation 2 of the Family Credit Regulations as follows.

    (2) After the definition of "employment zone contractor"[
21] insert the following definition - 

    (3) After the definition of "lower rate"[22] insert the following definition - 

    (4) After the definition of "sports award"[23] insert the following definitions - 

    (5) After the definition of "subsistence allowance"[24] insert the following definition - 

     12.  - (1) Amend regulation 4 of the Family Credit Regulations as follows.

    (2) In paragraph (4)[
25] after sub-paragraph (c) insert the following sub-paragraph - 

    (3) In paragraph (5)[26] after sub-paragraph (d) add the following sub-paragraph - 

     13.  - (1) Amend regulation 14 of the Family Credit Regulations[27] as follows.

    (2) In paragraph (1) for the words "paragraphs (3) to (6)" substitute "paragraphs (3) to (6C)".

    (3) In paragraph (2) for the words "paragraphs (2A) to (6)"[28] substitute "paragraphs (2A) to (6C)".

    (4) After paragraph (6) insert the following paragraphs - 

     14.  - (1) Amend regulation 19 of the Family Credit Regulations[29] as follows.

    (2) After paragraph (4) add the following paragraphs - 

     15.  - (1) Amend regulation 20 of the Family Credit Regulations as follows.

    (2) In paragraph (4)[
30] after the words "paragraph (6)" insert ", (6A) or (6B)".

     16.  - (1) Amend regulation 21 of the Family Credit Regulations as follows.

    (2) After paragraph (3)[
31] add the following paragraph - 

     17.  - (1) Amend regulation 46A of the Family Credit Regulations[32] as follows.

    (2) After paragraph (2) insert the following paragraph - 

    (3) In paragraph (2A)[33] after sub-paragraph (c) add the following sub-paragraph - 

     18. After regulation 49 insert the following regulation - 

Amendment to the Tax Credits (Payment by Employers) Regulations 1999
    
19.  - (1) Amend the Tax Credits (Payment by Employers) Regulations 1999[34] as follows.

    (2) Renumber regulation 2 as paragraph (1) of that regulation.

    (3) After paragraph (1) of regulation 2 (as so renumbered) add the following paragraphs - 

Amendment to the Social Security (Claims and Payments) Regulations 1987
     20.  - (1) Amend the Social Security (Claims and Payments) Regulations 1987[37] as follows.

    (2) In regulation 6(1C)[38] add the following words after sub-paragraph (b) of that paragraph - 


Greg Pope

Jim Dowd
Two of the Lords Commissioners of Her Majesty's Treasury

8th March 2001


Tim Flesher

Dave Hartnett
Two of the Commissioners of Inland Revenue

9th March 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887) ("the Disability Working Allowance Regulations") and the Family Credit (General) Regulations 1987 (S.I. 1987/1973) ("the Family Credit Regulations"). The amendments enable a person to claim, with effect from 4th April 2001, working families' tax credit or disabled person's tax credit in respect of a newly born or adopted child, or a surrogate child.

Regulation 1 provides for citation, commencement and effect and regulation 2 for interpretation.

Regulation 3 inserts definitions in regulation 2 of the Disability Working Allowance Regulations.

Regulation 4 amends regulation 6 of the Disability Working Allowance Regulations so as to ensure that, subject to certain conditions, a woman who is on maternity leave is treated as engaged in remunerative work for the purposes of disabled person's tax credit.

Regulations 5 and 7 amend regulations 16 and 22 of the Disability Working Allowance Regulations so as to provide that payments made by an employer to an employee to supplement statutory maternity payments to the employee are taken into account for the purposes of computing the amount of disabled person's tax credit to be paid to the employee.

Regulations 6 and 8 amend regulations 21 and 24 of the Disability Working Allowance Regulations and provide that maternity allowance paid to an employed or self-employed earner, and statutory maternity pay paid to an employed earner, are not to be treated as earnings for the purposes of disabled person's tax credit.

Regulation 9 amends regulation 51A of the Disability Working Allowance Regulations so as to enable, subject to certain conditions, a person who is caring for a newly born child, or a recently adopted child or young person, or a surrogate child, to receive assistance in meeting childcare costs.

Regulation 10 inserts a new regulation 54A in the Disability Working Allowance Regulations so as to provide that an existing award of disabled person's tax credit is terminated if the claimant or partner elects to surrender it following the birth of a child, the adoption of a child or young person or the granting of a parental order for a surrogate child.

Regulations 11 to 18 make similar amendments to the Family Credit Regulations for the purposes of working families' tax credit as those made by regulations 3 to 10 in relation to disabled person's tax credit.

Regulation 19 amends regulation 2 of the Tax Credits (Payment by Employers) Regulations 1999 (S.I. 1999/3219). The amendment has the effect that the following awards of working families' tax credit or disabled person's tax credit made to any claimant who is an employee are to be paid to the employee by the Inland Revenue and not by the employer - 

Regulation 20 amends regulation 6 of the Social Security (Claims and Payments) Regulations 1987 so as to ensure that a claim which supersedes a claim that is terminated by virtue of either of the regulations inserted by regulations 10 and 18 of these Regulations may still be made within one month of notification of intention to make a claim, notwithstanding that it is a renewal claim.


Notes:

[1] 1992 c. 4. Sections 128 and 129 were amended by paragraphs 1 and 2(g) and (h) of Schedule 1 to the Tax Credits Act 1999 (c. 10). Section 137(l) is cited because of the definition of the word "prescribed".back

[2] 1999 c. 10.back

[3] Section 137(2)(d) was amended by paragraph 35 of Schedule 2 to the Jobseekers Act 1995 (c. 18).back

[4] 1992 c. 5. Section 5(2)(c) and (d) was amended by paragraphs 1 and 3(a) of Schedule 1 to the Tax Credits Act 1999. Section 189(1), (4) and (5) was amended by paragraph 109(a), (c) and (d) of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14), and section 189(1) was further amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).back

[5] S.I. 2001/567.back

[6] S.I. 1991/2887.back

[7] S.I. 1987/1973.back

[8] Inserted by regulation 2 of S.I. 2000/795.back

[9] Inserted by regulation 2(a) of S.I. 1992/2155.back

[10] Section 35 was amended by sections 2(1) and 4(2) of the Still-Birth (Definition) Act 1992 (c. 29) and regulations 1(2) and 2 of S.I. 1994/1230.back

[11] Inserted by regulation 2(1) of S.I. 1999/2165.back

[12] Inserted by regulation 2 of S.I. 2000/795.back

[13] 1990 c. 37.back

[14] Paragraph (4) was amended by paragraph 2 of the Schedule to S.I. 1992/2155, regulation 3 of S.I. 1995/516 and regulation 4(3) of S.I. 2000/2978.back

[15] Paragraph (5) was amended by paragraph 2 of the Schedule to S.I. 1992/2155 and regulation 4(5) of S.I. 2000/2978.back

[16] Regulation 21 was amended by regulation 18 of, and paragraph 13 of the Schedule to, S.I. 1993/315, regulation 2 of S.I. 1999/1509 and regulation 26(5) and (6) of S.I. 1999/2487.back

[17] Paragraph (4) was amended by paragraph 4 of the Schedule to S.I. 1992/2155 and regulation 4 of S.I. 1994/2139.back

[18] Paragraph (3) was added by regulation 6 of S.I. 1994/2319 and amended by regulation 4(3) of S.I. 1999/2165.back

[19] Regulation 51A was inserted as regulation 15A by regulation 3(4) of S.I. 1994/1924, and the inserted regulation was renumbered as regulation 51A by regulation 17 of S.I. 1999/2487.back

[20] Paragraph (2A) was inserted by regulation 7 of S.I. 1996/2545 and amended by regulation 5 of S.I. 1999/714 and regulation 19(2) of S.I. 1999/2487.back

[21] Inserted by regulation 2 of S.I. 2000/795.back

[22] Inserted by regulation 4 of S.I. 1992/2155.back

[23] Inserted by regulation 2(1) of S.I. 1999/2165.back

[24] Inserted by regulation 2 of S.I. 2000/795.back

[25] Paragraph (4) was amended by regulation 11 of S.I. 1995/516, regulation 2 of S.I. 1997/806, regulation 3 of S.I. 2000/1807 and regulation 4(3) of S.I. 2000/2978.back

[26] Paragraph (5) was amended by regulation 4(5) of S.I. 2000/2978.back

[27] Regulation 14 was substituted by regulation 4 of S.I. 1992/573.back

[28] Inserted by regulation 12 of S.I. 1994/2139.back

[29] Regulation 19 was amended by regulation 6 of S.I. 1992/573, regulation 12 of S.I. 1993/315, regulation 2 of S.I. 1999/1509 and regulation 26(5) and (6) of S.I. 1999/2487.back

[30] Paragraph (4) was amended by regulation 7 of S.I. 1992/573, regulation 6 of S.I. 1992/2155, regulation 16 of S.I. 1994/527 and regulations 14 and 15 of S.I. 1994/2139.back

[31] Paragraph (3) was inserted by regulation 17(b) of S.I. 1994/2139.back

[32] Regulation 46A was inserted as regulation 13A by regulation 4(4) of S.I. 1994/1924, and the inserted regulation was renumbered as regulation 46A by regulation 6 of S.I. 1999/2487.back

[33] Paragraph (2A) was inserted by regulation 4 of S.I. 1996/2545 and amended by regulation 4 of S.I. 1999/714 and regulation 8(2) of S.I. 1999/2487.back

[34] S.I. 1999/3219.back

[35] S.R. 1992 No. 78. Regulation 54A was inserted by regulation 10 of S.I. 2001/893.back

[36] S.R. 1987 No. 463. Regulation 49ZA was inserted by regulation 18 of S.I. 2001/893.back

[37] S.I. 1987/1968.back

[38] Paragraph (1C) of regulation 6 was inserted by regulation 3 of S.I. 2001/567.back



ISBN 0 11 029248 0


 © Crown copyright 2001

Prepared 11 April 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010892.html