Part IVTax Credits
Working families' tax credit
11.—(1) Subject to sub-paragraphs (2) and (3), payments by way of working families' tax credits shall be treated as the income of the non-resident parent where he has qualified for them by his engagement in, and normal engagement in, remunerative work at the rate payable at the effective date.
(2) Where working families' tax credit is payable and the amount which is payable has been calculated by reference to the weekly earnings of the non-resident parent and another person—
(a)where during the period which is used by the Inland Revenue to calculate his income the normal weekly earnings (as determined in accordance with Chapter II of Part IV of the Family Credit (General) Regulations (Northern Ireland) 1987(1)) of that parent exceed those of the other person, the amount payable by way of working families' tax credit shall be treated as the income of that parent;
(b)where during that period the normal weekly earnings of that parent equal those of the other person, half of the amount payable by way of working families' tax credit shall be treated as the income of that parent; and
(c)where during that period the normal weekly earnings of that parent are less than those of that other person, the amount payable by way of working families' tax credit, shall not be treated as the income of that parent.
(3) Where—
(a)working families' tax credit is in payment; and
(b)not later than the effective date the person, or, if more than one, each of the persons by reference to whose engagement, and normal engagement, in remunerative work that payment has been calculated is no longer the partner of the person to whom that payment is made,
the payment in question shall only be treated as the income of the non-resident parent in question where he is in receipt of it.
Employment Credits
12. Payments made by way of employment credits under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(2) to a non-resident parent who is participating in a scheme arranged under section 1(1) of that Act and known as the New Deal 50 plus shall be treated as the income of the non-resident parent, at the rate payable at the effective date.
Disabled Person’s Tax Credits
13. Payments made by way of disabled person’s tax credit under section 128 of the Contributions and Benefits Act(3) to a non-resident parent shall be treated as the income of the non-resident parent, at the rate payable at the effective date.
S.R. 1987 No. 463; relevant amending regulations are S.R. 1988 Nos. 303 and 423, S.R. 1991 No. 326, S.R. 1992 No. 148, S.R. 1993 Nos. 120 and 373, S.R. 1994 Nos. 77, 274 and 327, S.R. 1995 No. 86, S.R. 1996 Nos. 93, 476 and 583, S.R. 1997 No. 515, S.R. 1998 No. 2 and 423 and S.R. 1999 No. 107
1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and by Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))
Section 128 was amended by Article 12 of, and paragraph 32 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, paragraph 17 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and section 14 of, and Schedule 1 to, the Tax Credits Act 1999