Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003
| Year | 2003 |
2003 No. 455
SOCIAL SECURITY
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003
Made 27th February 2003
Laid before Parliament 7th March 2003
Coming into force – – in accordance with regulation 1
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 1(1C) and 189(1) of the Social Security Administration Act 19921, sections 22(5), 122(1), 123(1)(a), (d) and (e), 124(1)(e), 135(1), 136(1), (3), (4) and (5), 137(1), 138(1)(a), (2) and (4), and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19922, sections 4(5), 12, 13(2), 35(1), 36(2) and (4) of the Jobseeker’s Act 19953and of all other powers enabling him in that behalf, after consultation, in respect of the provisions relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned4and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 and this regulation shall come into force on 1st April 2003.
(2) Subject to paragraph (5), in a case where a claimant for income support–
(a)
(a) has a child or young person who is a member of his family for the purposes of his claim for income support, and
(b)
(b) is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,
regulation 7 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
(3) Subject to paragraph (5), in a case where a claimant for income support–
(a)
(a) has a child or young person who is a member of his family for the purposes of his claim for income support, and
(b)
(b) has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,
regulations 2 and 7 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.
(4) Subject to paragraph (5), in a case where paragraph (2)(a) or (3)(a) does not apply to a claimant for income support, regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
(5) The provisions in–
(a)
(a) paragraphs 10(b) and (c), 20(b), 23(a) and 24(a) of Schedule 1 and regulation 2 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for the claimant on or after 7th April 2003;
(b)
(b) paragraph 19 of Schedule 1 and regulation 2 insofar as it relates to that paragraph shall come into force on 7th April 2003.
(6) Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance–
(a)
(a) has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and
(b)
(b) is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,
regulation 8 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
(7) Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance–
(a)
(a) has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and
(b)
(b) has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,
regulations 3 and 8 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.
(8) Subject to paragraph (9), in a case where paragraph (6)(a) or (7)(a) does not apply to a claimant for jobseeker’s allowance, regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
(9) Paragraphs 10(b), 20(b) and (e), 23(a) and 24(a) of Schedule 2 and regulation 3 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for jobseeker’s allowance from the first day of the first benefit week to commence for the claimant on or after 7th April 2003.
(10) The provisions in –
(a)
(a) paragraph 6 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003 immediately before the coming into force of paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 20026;
(b)
(b) paragraph 5 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003, and
(c)
(c) the remaining paragraphs of Schedule 4 and regulation 6 insofar as it relates to those paragraphs and regulations 4 and 5 and Schedule 3 shall come into force on 7th April 2003.
(11) In paragraphs (2) to (5) and regulation 7, the expressions “benefit week”, “claimant” and “partner” have the same meaning as in regulation 2(1)7of the Income Support Regulations and in paragraphs (6) to (9) and regulation 8, the expressions “benefit week” and “partner” have the same meaning as in regulation 1(3)8of the Jobseeker’s Allowance Regulations.
(12) In these Regulations–
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19929;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 198710;
“the Income Support Regulations” means the Income Support (General) Regulations 198711; and
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199612.
Amendment of the Income Support Regulations
2. The Income Support Regulations shall be amended in accordance with Schedule 1 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Jobseeker’s Allowance Regulations
3. The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 2 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Housing Benefit Regulations
4. The Housing Benefit Regulations shall be amended in accordance with Part I of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Council Tax Benefit Regulations
5. The Council Tax Benefit Regulations shall be amended in accordance with Part II of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.
Other miscellaneous consequential amendments
6. The consequential amendments to the regulations specified in Schedule 4 shall have effect.
Income Support – transitional arrangements
7.—(1) In the case of a claimant for income support who makes a claim, or whose partner makes a claim, for a child tax credit, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (3).
(2) In a case where a claimant for income support–
(a)
(a) has a child or young person who is a member of his family for the purposes of his claim for income support; and
(b)
(b) is, or has a partner who is, aged not less than 60,
the Secretary of State shall, in the first benefit week in which his, or his partner's, award of child tax credit begins during the period specified in paragraph (3), disregard from his income an amount equivalent to the amount of child tax credit to which he is entitled.
(3) For the purposes of paragraphs (1) and (2), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date the award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
(4) In the case of a claimant for income support who applies for an applicable amount under regulation 17 or 18 of the Income Support Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (5).
(5) For the purposes of paragraph (4), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim...
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