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Statutory Instruments

2002 No. 2008

TAX CREDITS

The Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 cross-notes

Made

30th July 2002

Coming into force in accordance with regulation 1

M1 Whereas a draft of this instrument, which contains the first regulations made under section 13(2) of the Tax Credits Act 2002, has been laid before, and approved by resolution of, each House of Parliament:

M2 Now, therefore, the Treasury, in exercise of the powers conferred upon them by sections 8(1) to (3), 13(2) and (3), 65(1) and (7) and 67 of the Tax Credits Act 2002 , hereby make the following Regulations:

Citation, commencement and effect I1

1. —(1) These Regulations may be cited as the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 and shall come into force—

(a) for the purpose of enabling claims to be made, on 1st August 2002;

(b) for the purpose of enabling decisions on claims to be made, on 1st January 2003; and

(c) for all other purposes, on 6th April 2003.

(2) These Regulations shall have effect for the tax year beginning with 6th April 2003 and subsequent tax years.

Interpretation cross-notesI2

2. In these Regulations—

Manner in which amounts to be determined for the purposes of section 7(1)(a) of the Act I3

3. —(1) This regulation prescribes the manner in which amounts are to be determined for the purposes of section 7(1)(a) of the Act.

(2) In the case of a person or persons entitled to working tax credit, the amount in relation to that tax credit is [F1 £7,955 F1] .

(3) In the case of a person or persons entitled to child tax credit, the amount in relation to that tax credit is [F2 £19,995. F2]

Social security benefits prescribed for the purposes of section 7(2) of the Act I4

4. [F3—(1)F3][F4 Subject to paragraph (2), F4] the following are social security benefits prescribed for the purposes of section 7(2) of the Act in relation to child tax credit and working tax credit

(a) M3,M4 income support under Part 7 of the Social Security Contributions and Benefit Act 1992 other than income support to which a person is entitled only by virtue of regulation 6(2) and (3) of the Income Support (General) Regulations 1987 ;

(b) M5,M6 income support under Part 7 of the Social Security Contributions and Benefit (Northern Ireland) Act 1992 other than income support to which a person is entitled only by virtue of regulation 6(2) and (3) of the Income Support (General) Regulations (Northern Ireland) 1987 ;

(c) M7,M8 an income-based jobseeker’s allowance within the meaning of the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995 .

[F5 (d) state pension credit within the meaning of the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002. F5]

[F6 (e) an income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007. F6]

[F7 (2) Paragraph (1) shall not apply in relation to working tax credit during the four-week period described in regulation 7D of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (ceasing to undertake work or working for less than 16 or 30 hours per week). F7]

[F8 Amounts prescribed for the purposes of section 7(3) of the Act F8] I5

[F9 5. The amount prescribed

(a) for the purposes of section 7(3)(a) and (b) of the Act is [F10 £2,500 F10] ; and

(b) for the purposes of section 7(3)(c) and (d) of the Act is £2,500. F9]

Manner of determining the rate at which a person is, or persons are, entitled to a tax credit I6

6. Regulations 7, 8 and 9 make provision as to the manner of determining the rate (if any) at which a person is, or persons are, entitled to a tax credit in any case where—

(a) the relevant income exceeds the income threshold; and

(b) his or their entitlement does not arise by virtue of section 7(2) of the Act.

Determination of rate of working tax credit cross-notesI7

7. —(1) In relation to a person or persons entitled to working tax credit, the rate shall be determined by finding the rate for each relevant period and, where necessary, adding together those rates.

(2) Relevant period” means any part of the period of award throughout which—

(a) the elements of working tax credit (other than the child care element) to which the person or persons may be entitled, remain the same; and

(b) there is no relevant change of circumstances for the purposes of the child care element of working tax credit, within the meaning of regulation 16(1) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (change of circumstances for the purposes of child care element).

(3) The rate for each relevant period shall be found in accordance with the following steps—

(4) Child care element” has the meaning given by section 12(2) of the Act.

Determination of rate of child tax credit cross-notesI8

8. —(1) In relation to a person or persons entitled to child tax credit, the rate shall be determined by finding the rate for each relevant period and, where necessary, adding together those rates.

(2) Relevant period” means—

(a) in the case of a person or persons entitled to child tax credit only, any part of the period of award throughout which the maximum rate at which he or they may be entitled to the tax credit remains the same;

(b) in the case of a person or persons entitled to both child tax credit and working tax credit, any part of the period of award throughout which the maximum rate of child tax credit to which he or they may be entitled remains the same and both sub-paragraphs (a) and (b) of regulation 7(2) are met.

(3) The rate for each relevant period shall be found in accordance with the following steps—

(4) The family element” means the family element of child tax credit within the meaning given by section 9(3) of the Act.

[F38 Cases where there is a reciprocal agreement

8A. —(1) This regulation applies where the United Kingdom is competent to pay family benefits in accordance with Article 39 of the Reciprocal Agreement with Ireland but where Ireland has primary competence for payment of those benefits.

(2) Where this regulation applies, child tax credit shall be paid at the rate according to the calculation set out in paragraph (4) of Article 39 of the Reciprocal Agreement with Ireland.

(3) Child tax credit shall be paid on a provisional basis where—

(a) Article 39(5) of the Reciprocal Agreement with Ireland applies;

(b) the United Kingdom is Party B in the circumstances set out under Article 40(1)(b) of the Reciprocal Agreement with Ireland; or

(c) the United Kingdom does not agree that it has primary competence for payment of family benefits where the child resides or the children reside in the United Kingdom and Article 63(2) of the Reciprocal Agreement with Ireland applies.

(4) In this regulation—

(a) family benefits” has the meaning as set out in Article 3(1)(x) of the Reciprocal Agreement with Ireland; and

(b) the Reciprocal Agreement with Ireland” means the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1st February 2019. F38]

Cases in which there is no rate of tax credit I9

9. —(1) In the case of a person or persons entitled to working tax credit only or child tax credit only, where the rate at which the person or persons would be entitled to the tax credit (as determined in accordance with regulation 7 or 8) would be less than £26.00, there is no rate in his or their case.

(2) In the case of a person or persons entitled to both working tax credit and child tax credit, where the total of the rates at which the person or persons would be entitled to the tax credits (as determined in accordance with regulations 7 and 8) would be less than £26.00, there are no rates in his or their case.

Jim Fitzpatrick

John Heppell

Two of the Lords Commissioners of Her Majesty’s Treasury

Status: There are outstanding changes not yet made by the editorial team to The Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 (2002/2008)
Version from: [subject to the status notice] 16 April 2024

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