The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various Regulations concerning tax credits and child benefit.

The Working Tax Credits (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) are amended by regulation 2 of these Regulations. Under regulation 14 of the 2002 Regulations, only charges for ‘child care’ as defined in regulation 14(2) are taken into account in calculating the amount of the child care element of working tax credit provided for by section 12 of the Tax Credits Act 2002 (c.21). Regulation 2(3) of these Regulations amend one aspect of that definition that applies in England, by replacing a reference to care provided for a child by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 (S.I. 2002/3212). Those Regulations were revoked by Schedule 2 to the Health and Social Care Act 2008 (Commencement No. 16, Transitory and Transitional Provisions) Order 2010 (SI 2010/807). Instead, the definition will include care provided for a child by a carer provided by a person registered with the Care Quality Commission as a service provider in relation to the regulated activity of personal care within paragraph 1 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936). In addition, regulation 2(2) of these Regulations removes from regulation 5 of the 2002 Regulations some words which have become redundant as a result of a previous amendment made by the Shared Parental Leave and Statutory Sick Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.I. 2015/146).

The Tax Credits (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006) are amended in three respects. First, payments from a named scheme established under the law of the Netherlands (known in English as Netherlands Benefit Act for Victims of Persecution 1940-1945) are to be disregarded in calculating foreign income for tax credit purposes (regulation 3(3) of these Regulations). Secondly, certain payments made under the Social Services and Well-being (Wales) Act 2014 (anaw 4) are to be disregarded in the calculation of income for tax credit purposes (regulation 3(4) of these Regulations). These are direct payments to meet a person’s needs for care and support under sections 50 to 53 of the Act, and certain payments for the provision of accommodation in respect of meeting a person’s needs for care and support under sections 35 or 36 of the Act. Thirdly, an error is corrected in regulation 7(3), Table 3, item 21A, of the 2002 Regulations by omitting the word ‘and’ (regulation 3(2) of these Regulations).

The Child Tax Credits Regulations 2002 (S.I. 2002/2007) are amended by regulation 4 of these Regulations in consequence of the Social Services and Well-being (Wales) Act 2014. The effect is that a person in Wales remains ineligible for child tax credit where the child or young person is being provided with funded accommodation by a Welsh local authority (under provisions of the Act that supersede provisions hitherto contained in the Children Act 1989).

The Tax Credits (Payments by the Commissioners) Regulations 2002 (S.I. 2002/2173) are amended (by regulation 5 of these Regulations) to alter the maximum rate at which overpayments of tax credit may be recovered from other payments of tax credit under regulation 12A(2)(c) of the 2002 Regulations (which sets the residual rate applicable in cases which do not fall within regulation 12A(2)(a) or (b)). This rate has hitherto been 25%. These Regulations will allow a rate of up to 50% to be used where the annual income of the claimant (or, in the case of a joint claim, the aggregate annual income of the claimants) exceeds £20,000.

The Child Benefit (General) Regulations 2006 (S.I. 2006/223) are amended in two respects by regulation 6 of these Regulations. First, references to ‘Skillbuild’ and ‘Skillbuild+’ are removed from the definition of ‘approved training’. Training under these schemes ceased on 31st July 2013. Secondly, the Regulations are amended in consequence of the Social Services and Well-being (Wales) Act 2014. The effect is that a person in Wales remains ineligible for child benefit where the child or young person is being provided with funded accommodation by a Welsh local authority (under provisions of the Act that supersede provisions hitherto contained in the Children Act 1989 (c.41)).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.