The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020
Citation and commencement1.
These Regulations may be cited as the Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 and come into force on 6th April 2020.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 20022.
(1)
(2)
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 20023.
(1)
(2)
In regulation 19 (general disregards in the calculation of income)—
(a)
““Scottish Ministers” has the meaning given by section 44(2) of the Scotland Act 199810;”, and
(b)
in Table 6 (sums disregarded in the calculation of income)—
(i)
(ii)
“25. Any payment made, in accordance with arrangements made by the Scottish Ministers, to a person to whom an offer of employment has been made, in order to assist that person to retain employment, if—
(a) that person—
(i) was, at the date on which the offer of employment was made, at least 16 years of age but had not reached 25 years of age;
(ii) had not been in employment at any time in the period of 6 months before the date on which that offer was made; and
(iii) applies to the Scottish Ministers for assistance under arrangements made under section 2 of the Employment and Training Act 197313,within the period of one year beginning with the date on which that offer was made; or(b) that person—
(i) was, at the date on which the offer of employment was made, aged at least 16 years of age but had not reached 26 years of age;
(ii) had been looked after by a local authority on or after that person’s 16th birthday but was at the date that the offer of employment was made no longer looked after by a local authority; and
(iii) applies to the Scottish Ministers for assistance under arrangements made under section 2 of the Employment and Training Act 1973 within the period of one year beginning with the date on which that offer was made.
In this item “looked after by a local authority” has the same meaning as in regulation 2
(interpretation) of the Child Tax Credit Regulations 200214.26. Any payment of disability assistance under section 31 of the Social Security (Scotland) Act 2018.
27. Any payment made in accordance with arrangements made by the Scottish Ministers for, or in connection with, the abuse or neglect of a person whilst that person was a child who was under the care or responsibility of a body, society or organisation in Scotland.
28. Any payment made by the Scottish Ministers in accordance with regulations made under section 79 of the Social Security (Scotland) Act 2018 to a person in respect of a child for whom that person is responsible.
30. Any payment in respect of short-term assistance given in accordance with section 36 of the Social Security (Scotland) Act 2018.
31. Any payment of winter heating assistance given in accordance with section 30 of the Social Security (Scotland) Act 2018.
32. Any payment made by the National Emergencies Trust (a registered charity established on 28th March 2019 with registered charity number: 1182809).
Amendment of the Child Tax Credit Regulations 20024.
(1)
(2)
(a)
“or,
(c)
where that person begins to receive that education after attaining the age of 16, elsewhere, if approved by the Board, provided that—
(i)
that person has received a statement of special educational needs, and
(ii)
that programme of education has been assessed by a local authority as being suitable for that person’s special needs,”, and
(b)
“(8)
In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.”.
(3)
(a)
in paragraph (1)(b) for “paragraph (3), (4) or (5)” substitute “paragraph (3), (4), (5) or (6)”;
(b)
in paragraph (2)—
(i)
at the end of sub-paragraph (d) for the full stop substitute “, or”, and
(ii)
“(e)
a payment of disability assistance is payable by the Scottish Ministers under section 31 of the Social Security (Scotland) Act 201821.”, and
(c)
“(6)
A person satisfies the requirements of this paragraph if disability assistance under section 31 of the Social Security (Scotland) Act 2018 is payable at the higher rate in respect of that person.
(7)
In this regulation “Scottish Ministers” has the meaning given by section 44(2) of the Scotland Act 1998.”.
Amendment of the Tax Credits (Claims and Notifications) Regulations 20025.
(1)
(2)
(a)
in paragraph (2)
(i)
in sub-paragraph (a) for “or the severe disability element of child tax credit (or both of those elements)” to the end of the sub-paragraph substitute “of that tax credit in favour of a person or persons, in respect of a child where that child is disabled or severely disabled;”, and
(ii)
in sub-paragraph (b) for “disability living allowance” substitute “disability benefit”,
(b)
in paragraph (3) for “disability living allowance” in both places that it occurs substitute “disability benefit”,
(c)
“(4)
In this regulation “disability benefit” means a disability living allowance under section 71 of the Social Security Contributions and Benefits Act 199224 or disability assistance under section 31 of the Social Security (Scotland) Act 2018.”, and
(d)
as a consequence, for the title of the regulation substitute “Date of notification - disability element where child is disabled or severely disabled”.
Amendment of the Child Benefit (General) Regulations 20066.
(1)
(2)
(a)
“(3)
A person (P) is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless either—
(a)
P was receiving the education referred to in that paragraph as a child, or
(b)
P begins to receive that education after attaining the age of sixteen where—
(i)
P has received a statement of special educational needs; and
(ii)
the local authority has assessed the programme of home education as being suitable for P’s special needs.”, and
(b)
“(5)
In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.”.
Amendment of the Guardian’s Allowance (General) Regulations 20037.
(1)
(2)
(3)
Amendment of the Childcare Payments Regulations 20158.
(1)
(2)
(a)
(b)
in paragraph (5)—
(i)
at the end of sub-paragraph (c) but before the full stop insert “; or”, and
(ii)
“(d)
by a childcare provider approved by a Health and Social Care Trust in Northern Ireland for the purposes of providing approved home childcare.”.
(3)
In regulation 17 (compensatory payments)—
(a)
(b)
in paragraph (3A) after “failure” insert “or a design flaw”,
(c)
“(3B)
The circumstances specified in this paragraph are that a person’s childcare account for a child (“C”) is made subject to an account restriction order where—
(a)
another person (B) wants to apply for, or make a declaration of eligibility for, 30 hours free childcare in respect of C under section 1 of the Childcare Act 201635; and(b)
B does not want to hold a childcare account for C in circumstances where holding that childcare account would prevent B from receiving tax credits in respect of C.”, and
(d)
in paragraph (4)(a) after “(3)” for “or (3A)” substitute “, (3A) or (3B)”.
(4)
(a)
in paragraph (1)(a) after “(3)” insert “, (3A)”, and
(b)
“(3A)
The condition specified in this paragraph is that—
(a)
a person (P) wants to apply for, or to make a declaration for, 30 hours free childcare in respect of a child (“C”) under section 1 of the Childcare Act 2016; and
(b)
P is prevented from receiving 30 hours free childcare because another person holds an active childcare account in respect of C.”.
Amendment of the Childcare Payments (Eligibility) Regulations 20159.
(1)
(2)
““disability living allowance” means either—
(a)
disability living allowance under sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 or sections 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 199238; or(b)
disability assistance under section 31 of the Social Security (Scotland) Act 2018.”.
These Regulations amend a number of statutory instruments in relation to the social security benefits administered by Her Majesty’s Commissioners for Revenue and Customs (tax credits, child benefit and guardian’s allowance) and childcare payments which are also administered by Her Majesty’s Commissioners for Revenue and Customs.
Regulation 1 provides for citation and commencement.
Regulation 2 makes a consequential amendment to regulation 14 of the Working Tax Credits (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) to reflect the introduction of disability assistance in Scotland by the Social Security (Scotland) Act 2018 (2018 asp. 9).
Regulation 3 amends Table 6 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002 (S.I. 2002/2006). This Table specifies sums that are to be disregarded in the calculation of income for the purposes of tax credits. Regulation 3 inserts a number of new items into the Table, including new benefits or payments paid by the Scottish Government.
Regulation 4 makes two amendments to the Child Tax Credit Regulations 2002 (S.I, 2002/2007). It amends the definition of “qualifying young person” in regulation 5 of those Regulations to include a young person who commences home education over the age of 16, providing that that person has received a statement of special education needs and the local authority has assessed a programme of home education as being suitable for that person’s needs. Regulation 6 makes an identical amendment to regulation 3 of the Child Benefit (General) Regulations 2006 (S.I 2006/223).
Regulation 4 also amends regulation 8 to reflect the introduction of disability assistance in Scotland. Regulation 8 prescribes the conditions as to when a child or qualifying young person will be treated as disabled or severely disabled for the purposes of section 9 of the Tax Credits Act 2002 (c. 21).
Regulation 5 makes two consequential amendments to regulation 26A of the Tax Credits (Claims and Notification) Regulations 2002 (S.I. 2002/2014). The first amendment reflects changes to child tax credit that were introduced by the Welfare Reform and Work Act 2016 (c. 7). As a consequence of the Welfare Reform and Work Act 2016 only one disability element is payable with the amount of the element varying due to the severity of the disability. The second amendment reflects the introduction of disability assistance in Scotland.
Regulation 7 makes two amendments to the Guardian’s Allowance (General) Regulations 2003 (the principal Regulations) (S.I. 2003/495). Regulation 7(2) amends regulation 7 of the principal Regulations so that where a parent is serving a custodial sentence of at least two years and the other parent of the child is deceased, the parent who is serving a prison term will be treated as “being in prison” for the purposes of guardian’s allowance irrespective of whether the sentence was handed down before or after the death of the deceased parent. Regulation 7(3) amends regulation 9 of the principal Regulations so that a person is not prohibited from claiming guardian’s allowance in respect of children whose deceased parents were born in the European Economic Area or in Switzerland.
Regulation 8 amends the Childcare Payments Regulations 2015 (“the principal Regulations”) (S.I. 2015/522). Regulation 8(2) updates the definition of “regulated or approved childcare” in regulation 3 to reflect changes to regulatory schemes in Wales and Northern Ireland for nannies and other home childcare providers.
Regulation 8(3) amends regulation 17 of the principal Regulations to extend the circumstances in which a compensatory payment under section 62 of the Childcare Payments Act 2014 (c. 28) can be made to a person who cannot receive a top-up payment.
Regulation 8(4) amends regulation 18 of the principal Regulations by inserting new paragraph (3A) which sets out a new condition which, if met, permits the Commissioners for Her Majesty’s Revenue and Customs to make an account restriction order. The condition is that a person (P) wishes to apply for a code for 30 hours free childcare but cannot do so as another person (A) already holds a childcare account for that child. Regulation 11 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257) provides that where there is an active childcare account under section 17(3) of the Childcare Payments Act 2014, a code for 30 hours free childcare can only be held by the person who holds the childcare account.
Regulation 9 amends the Childcare Payments (Eligibility) Regulations 2015 (S.I. 2015/448) to update the definition of “disability living allowance” to reflect the introduction of disability assistance in Scotland.
A full impact statement has not been produced for regulations 2 to 7 because no impact on the private or voluntary sectors is foreseen. In relation to regulations 8 and 9 a full impact assessment of the effect that the childcare payments scheme will have on the costs of business and the voluntary sector was published on 10 June 2014 alongside the draft Childcare Payments Bill and was updated on 20th November 2014 and again on 30 March 2017. These are available from the gov.uk website at https://www.gov.uk/government/publications/tax-free-childcare-impact-assessment-march-2017.