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- Point in Time (29/04/1996)
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Version Superseded: 31/07/1998
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(1)A person [F2with whom a qualifying child is resident] for any period—
(a)after he and his spouse separate, and
(b)in the year of assessment in which that separation occurs,
shall be entitled [F3for that year to an income tax reduction calculated by reference to] an amount equal to that specified in section 257A(1) for the year.
(2)But if the person is entitled to relief for the year of assessment under section 257A (including by virtue of an election under section 257BA) the amount [F4by reference to which the income tax reduction to which he is entitled under subsection (1) above is calculated shall be treated as reduced by the amount by reference to which the income tax reduction in which that relief consists is, or but for section 256(2)(b) would be, calculated (or to nil where the latter amount is equal to or exceeds the amount which is to be treated as reduced).]
(3)Subsection (1) above shall not apply to a man who is entitled to relief under section 259 by virtue of subsection (1)(c) of that section.
(4)A person is entitled to only one [F5income tax reduction] under subsection (1) above irrespective of the number of qualifying children resident with him.
(5)Where for any year of assessment a person is entitled to relief under this section and another person is entitled to relief in connection with the same child under section 259 or this section—
(a)the total amount of the [F6income tax reductions to which those persons are entitled shall not exceed an amount equal to an income tax reduction calculated (in accordance with section 256(2)(a)) by reference to] the amount specified in section 257A(1) for that year,
(b)section 260(3) to (5) shall apply for the purpose of apportioning that total amount between the persons (and the reference in section 260(4) to section 259 shall be taken to include a reference to this section), and
(c)[F7the income tax reduction to which each of them is entitled under section 259 or this section shall be calculated by reference] to so much of that amount as is apportioned to him (subject, in the case of relief under this section, to subsection (2) above).
(6)In this section, “separate” means—
(a)separate under an order of a court of competent jurisdiction, or by deed of separation, or
(b)separate in such circumstances that the separation is likely to be permanent.
(7)Subsections (5) to (9) of section 259 shall apply for the purposes of this section as they apply for the purposes of that section.]
Textual Amendments
F1S. 261A inserted (16.7.1992 with application in relation to tax for the year 1993-94 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 20, Sch. 5 paras.6, 10.
F2Words in s. 261A(1) substituted (with effect in accordance with s. 134(2) of the amending Act) by Finance Act 1996 (c. 8), Sch. 20 para. 18
F3Words in s. 261A(1) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), s. 77(4)
F4Words in s. 261A(2) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 8(1)
F5Words in s. 261A(4) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 8(2)
F6Words in s. 261A(5)(a) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 8(3)(a)
F7Words in s. 261A(5)(c) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 8(3)(b)
Modifications etc. (not altering text)
C1S. 257B-262 restricted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 4(1)
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