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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013454.html

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STATUTORY INSTRUMENTS


2001 No. 3454

SOCIAL SECURITY

TAXES

The Tax Credits (Miscellaneous Amendments No. 9) Regulations 2001

  Made 22nd October 2001 
  Laid before Parliament 23rd October 2001 
  Coming into force 13th November 2001 

The Treasury, in exercise of the powers conferred upon them by sections 136(5)(b) and (c), 137(1) and 175(1) of the Social Security Contributions and Benefits Act 1992[1], and section 2(1)(a) and (4) of, and paragraphs 1(g) and 20(a) of Schedule 2 to, the Tax Credits Act 1999[2], hereby make the following Regulations.

Citation, commencement and effect
     1.  - (1) These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No.9) Regulations 2001 and shall come into force on 13th November 2001.

    (2) These Regulations shall have effect in relation to award periods commencing on or after 13th November 2001.

Interpretation
    
2. In these Regulations - 

Amendments to the Disability Working Allowance Regulations and the Family Credit Regulations
     3. Amend the Disability Working Allowance Regulations and the Family Credit Regulations as follows.

Income treated as capital
    
4. In regulation 34(4) of the Disability Working Allowance Regulations and regulation 31(4) of the Family Credit Regulations[5] after "paragraph 1," insert "1A,".[6]

Capital to be disregarded
     5.  - (1) Amend Schedule 4 to the Disability Working Allowance Regulations ("Schedule 4") and Schedule 3 to the Family Credit Regulations ("Schedule 3") as follows.

    (2) Add as paragraph 68 of Schedule 4 and paragraph 69 of Schedule 3[
7] the following paragraph - 


Nick Ainger

John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury

22nd October 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) and the Family Credit (General) Regulations 1987 (S.I. 1987/1973).

Regulation 4 amends regulation 34(4) of the Disability Working Allowance Regulations and regulation 31(4) of the Family Credit Regulations, which provide that subject to certain exceptions, income derived from capital shall be treated as capital for the purposes of calculating a claimant's entitlement to disabled person's tax credit or working families' tax credit. The amendment adds to the list of exceptions income derived from a dwelling which the claimant intends in due course to occupy as his home but which he currently does not occupy due to living in job-related accommodation.

Regulation 5 adds to the list of capital to be disregarded in calculating a claimant's capital for the purposes of ascertaining his entitlement to disabled person's tax credit or working families' tax credit payments made for victims of National Socialism during the Second World War.


Notes:

[1] 1992 c. 4. Section 137(1) is cited because of the meaning it ascribes to the word "prescribed".back

[2] 1999 c. 10.back

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

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

[5] Regulation 31(4) was amended by regulation 9 of S.I. 1988/1970.back

[6] Paragraph 1A of Schedule 4 to the Disability Working Allowance Regulations was inserted by regulation 4 of S.I. 2001/3085 and paragraph 1A of Schedule 3 to the Family Credit Regulations was inserted by regulation 5 of S.I. 2001/3085.back

[7] Paragraph 67 of Schedule 4 and paragraph 68 of Schedule 3 were added by S.I. 2001/2220.back



ISBN 0 11 038716 3


 © Crown copyright 2001

Prepared 1 November 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013454.html