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The Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009
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- 2009 No. 1848
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments to the Housing Benefit Regulations 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.
Regulation 2 makes amendments to the provisions in those Regulations which deal with the establishments and persons whose charges for providing childcare can be deducted when calculating a claimant’s earnings for the purpose of determining the amount of housing benefit or council tax benefit. As a result of the Childcare Act 2006 (“the 2006 Act”), Part 10A of the Children Act 1989 (c. 41) (requirement for childminders to register) now applies to Wales only, and childcare providers in England are subject instead to the registration provisions of the 2006 Act. Regulation 2 therefore amends the regulations referred to above to insert references to the registration provisions in the 2006 Act. Amendments are also made to allow deductions to be made where the child is cared for by a foster parent (other than the child’s own foster parent) or a domiciliary care worker or where the child is looked after in their home by someone other than a relative. This aligns these provisions with regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005 as amended).
Regulation 3 amends the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006 so that payments of child benefit are disregarded for the purposes of calculating income other than earnings. (The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 already disregard child benefit payments.)
A full impact assessment has not been published for this instrument as it has no direct impact on the costs of business, charities or the voluntary sector.
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