Textual Amendments
F1Pt. 1 repealed (1.2.2019 with savings in relation to specified cases in art. 3 of the commencing S.I.) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2019/167, arts. 2, 3
Modifications etc. (not altering text)
C1Pt. 1 modified (6.4.2003) by The Tax Credits (Immigration) Regulations 2003 (S.I. 2003/653), regs. 1, 4 (as amended (6.4.2003 immediately after the coming into force of S.I. 2003/738) by S.I. 2003/742, regs. 1(1), 56 (with reg. 1(2))
C2Pt. 1 modified (6.4.2003 immediately after the coming into force of S.I. 2003/738) by The Tax Credits (Polygamous Marriages) Regulations 2003 (S.I. 2003/742), regs. 1(1), 3-21 (as amended (6.4.2017) by S.I. 2017/387, regs. 1, 7)
(1)Entitlement to a tax credit for the whole or part of a tax year is dependent on the making of a claim for it.
(2)Where the Board—
(a)decide under section 14 not to make an award of a tax credit on a claim, or
(b)decide under section 16 to terminate an award of a tax credit made on a claim,
(subject to any appeal) any entitlement, or subsequent entitlement, to the tax credit for any part of the same tax year is dependent on the making of a new claim.
(3)A claim for a tax credit may be made—
(a)jointly by the members of a [F2couple] both of whom are aged at least sixteen and are in the United Kingdom, or
(b)by a person who is aged at least sixteen and is in the United Kingdom but is not entitled to make a claim under paragraph (a) (jointly with another).
(4)Entitlement to a tax credit pursuant to a claim ceases—
(a)in the case of a joint claim, if the persons by whom it was made could no longer jointly make a joint claim, and
(b)in the case of a single claim, if the person by whom it was made could no longer make a single claim.
(5A) In this Part “ couple ” means—
[F3(a)two people who are married to, or civil partners of, each other and are neither—
(i)separated under a court order, nor
(ii)separated in circumstances in which the separation is likely to be permanent, or
(b)two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.]
(7)Circumstances may be prescribed in which a person is to be treated for the purposes of this Part as being, or as not being, in the United Kingdom.
(8)In this Part—
“joint claim” means a claim under paragraph (a) of subsection (3), and
“single claim” means a claim under paragraph (b) of that subsection.]
Textual Amendments
F2Words in s. 3(3)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 144(2); S.I. 2005/3175, art. 2(1), Sch. 1
F3S. 3(5A)(a)(b) substituted for s. 3(5A)(a)-(d) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 23(2)
Commencement Information
I1S. 3 partly in force; s. 3 not in force at Royal Assent, see s. 61; s. 3(1)(3) in force for certain purposes at 9.7.2002, 1.8.2002 and 1.1.2003 and otherwise in force at 6.4.2003, s. 3(2) in force at 1.1.2003, s. 3(4) in force for certain purposes at 1.8.2002 and s. 3(5)-(8) in force at 9.7.2002 by S.I. 2002/1727, art. 2