Income and Corporation Taxes Act 1988

[F1 257 Personal allowance. U.K.

(1) The claimant shall be entitled to a deduction from his total income of [F2 £3,005,].

(2) If the claimant proves that he is at any time within the year of assessment of the age of 65 or upwards, he shall be entitled to a deduction from his total income of [F2 £3,670] (instead of the deduction provided for by subsection (1) above).

(3) If the claimant proves that he is at any time within the year of assessment of the age of [F3 75] or upwards, he shall be entitled to a deduction from his total income of [F2 £3,820] (instead of the deduction provided for by subsection (1) or (2) above).

(4) For the purposes of subsections (2) and (3) above a person who would have been of or over a specified age within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.

(5) In relation to a claimant whose total income for the year of assessment exceeds [F2 £12,300], subsections (2) and (3) above shall apply as if the amounts specified in them were reduced by [F3 one half] of the excess (but not so as to reduce those amounts below that specified in subsection (1) above).]]

Textual Amendments

F1 1988(F) s.33for 1990-91and subsequent years. Previously

“257.—(1) Subject to the provisions of this section and section 261, the claimant shall be entitled—(a) if he proves—(i) that for the year of assessment he has his wife living with him, or (ii) that his wife is wholly maintained by him during the year of assessment, and that he is not entitled in computing the amount of his income for that year for income tax purposes to make any deduction in respect of the sums paid for the maintenance of his wife, to a deduction of [£4,375 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)] from his total income; (b) in any other case, to a deduction of [£2,785 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)] from his total income. (2) Subject to the provisions of this section, subsection (1) above shall have effect—(a) in relation to a claim by a person who proves that he or his wife was at any time within the year of assessment of the age of 65 or upwards, as if the sum specified in paragraph (a) were [£5,385 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)]; and (b) in relation to a claim by a person who proves that he was at any time within the year of assessment of the age of 65 or upwards, as if the sum specified in paragraph (b) were [£3,400 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)]; and for the purposes of this subsection a person who would have been of the age of 65 or upwards within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year. (3) Subject to the provisions of this section, subsection (1) above shall have effect—(a) in relation to a claim by a person who proves that he or his wife was at any time within the year of assessment of the age of [75 (1989 s.31(1)(a)for 1989-90.Previously

“80”.)] or upwards, as if the sum specified in paragraph (a) were [£5,565 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)]; and (b) in relation to a claim by a person who proves that he was at any time within the year of assessment of the age of [75 (1989 s.31(1)(a)for 1989-90.Previously

“80”.)] or upwards, as if the sum specified in paragraph (b) were [£3,540 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)]; and for the purposes of this subsection, a person who would have been of the age of [75 (1989 s.31(1)(a)for 1989-90.Previously

“80”.)] or upwards within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year. (4) For any year of assessment for which a person is entitled to increased personal relief by virtue of subsection (3) above, he shall not be entitled to increased relief under subsection (2) above. (5) Where the claimant's total income for the year of assessment exceeds [£11,400 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)], subsections (2) and (3) above shall not apply except in a case where the deduction to be allowed under subsection (1) above will be increased by virtue of this subsection; and in such a case subsection (2) or (3), as the case may be, shall apply as if the sums mentioned in it were reduced by [one half (1989 s.31(1)(b)for 1989-90.Previously

“two-thirds”.)] of the excess of that total income over [£11,400 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)]. (6) If the total income of the claimant includes any earned income of his wife, the deduction to be allowed under this section shall be increased by the amount of that earned income or by [£2,785 (S.I. 1989 No.467 (in Part III Vol.5)for 1989-90.)], whichever is the less. (7) For the purposes of subsection (6) above—(a) any earned income of the claimant's wife arising in respect of any pension, superannuation or other allowance, deferred pay or compensation for loss of office, given in respect of his past services in any office or employment, shall be deemed not to be earned income of his wife; and (b) no payment of benefit under the Social Security Acts 1975 or the Social Security (Northern Ireland) Acts 1975 except—(i) a Category A retirement pension (exclusive of any increase under section 10 of the Social Security Pensions Act 1975 or Article 12 of the Social Security Pensions (Northern Ireland) Order 1975); (ii) unemployment benefit, and (iii) invalid care allowance, shall be treated as earned income. (8) Subsection (1) above shall have effect in relation to any claim by a man who becomes married in the year of assessment for which the claim is made and has not previously in that year been entitled to relief under paragraph (a) of that subsection, as if the sum specified in that paragraph were reduced, for each month of that year ending before the date of the marriage, by one-twelfth of the amount by which it exceeds the sum specified in paragraph (b) of that subsection. In this subsection “month” means a month beginning with the 6th day of a month of the calendar year. (9) If the retail prices index for the month of December preceding a year of assessment is higher than it was for the previous December, then, unless Parliament otherwise determines, this section shall apply for that year as if for each amount specified in subsections (1) to (6) above as they applied for the previous year (whether by virtue of this subsection or otherwise) there were substituted an amount arrived at by increasing the amount for the previous year by the same percentage as the percentage increase in the retail prices index, and if—(a) in the case of an amount specified in subsection (5) above, the result is not a multiple of £100, rounding it up to the nearest amount which is such a multiple; (b) in the case of any other amount, the increase is not a multiple of £10, rounding the increase up to the nearest amount which is such a multiple (See 1988(F) s.25(2)—indexation not to apply for 1988-89;and S.I. 1989 No.467 (in Part III Vol.5)—amounts for 1989-90.). (10) Subsection (9) above shall not require any change to be made in the amounts deductible or repayable under section 203 between the beginning of a year of assessment and 5th May (“18th May”

for 1989-90—see 1989 s.32.) in that year. (11) The Treasury shall in each year of assessment make an order specifying the amounts which by virtue of subsection (9) above will be treated as specified for the following year of assessment in subsections (1) to (6) above.”.And see 1988(F) s.35re other changes concerning married couples.

F2 S.I. 1990 No.677, arts.2(1)(3) (in Part III Vol.5)for 1990-91.

F3 1989 s.33 for 1990-91and subsequent years.