Statutory Instruments
2009 No. 1829
Tax Credits
The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2009
Made
8th July 2009
Laid before Parliament
9th July 2009
Coming into force
31st July 2009
The Treasury make the following Regulations in exercise of the powers conferred by sections 10(2), 65(1) and (7) of the Tax Credits Act 2002( 1 ).
Citation and commencement
1. These Regulations may be cited as the Working Tax Credit ( Entitlement and Maximum Rate) (Amendment) Regulations 2009 and shall come into force on 31st July 2009.
Amendment of the Working Tax Credit ( Entitlement and Maximum Rate) Regulations 2002
2.The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002( 2 ) are amended as follows.
3. In regulation 5(2)( 3 ) (time off in connection with childbirth) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part ”.
4. In regulation 5A(2)( 4 ) (time off in connection with childbirth and placement for adoption) for “satisfying the requirements of regulation 4(1)” substitute “being engaged in qualifying remunerative work for the purposes of the conditions of entitlement in this Part”.
5. In regulation 6(2)( 5 ) (periods of illness, incapacity for work or limited capability for work) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
6. In regulation 7(1) and 7(2) (term time and other seasonal workers) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
7. In regulations 7A(2)( 6 ) (strike periods), 7B(2) (persons suspended from work) and 7C(2) (pay in lieu of notice) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
8. For regulation 7D( 7 ), substitute—
“ Ceasing to undertake work or working for less than 16 or 30 hours per week
7D. —(1) This regulation applies for the four-week period immediately after—
(a) a person, not being a member of a couple, who is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,
(b) a person, being a member of a couple only one of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or starts to work less than 16 hours per week,
(c) both members of a couple, each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, cease to work or start to work less than 16 hours per week,
(d) a person, being a member of a couple who is entitled to the childcare element of working tax credit each of whom is engaged in qualifying remunerative work for not less than 16 hours per week, ceases to work or start to work less than 16 hours per week, or
(e) a person who satisfies paragraph (c) of the second condition in regulation 4(1) and who is engaged in qualifying remunerative work for not less than 30 hours per week, ceases to work or starts to work less than 30 hours per week.
(2) For the purposes of the conditions of entitlement in this Part, the person is treated as being engaged in qualifying remunerative work during that period. ” .
9. In regulation 8 (gaps between jobs) for “conditions in regulation 4(1)” substitute “conditions of entitlement in this Part”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 2009
S.I. 2002/2005 ; relevant amending instruments are S.I. 2003/ 701 , S.I. 2004/762 and S.I. 2007/ 968 .
Regulation 5 was substituted by regulation 5 of S.I. 2003/701 .
Regulation 5A was inserted by regulation 7 of S.I. 2004/762 .
Regulation 6 was substituted by regulation 6 of S.I. 2003/701 .
Regulations 7A, 7B and 7C were inserted by regulation 7 of S.I. 2003/701 .
Regulation 7D was inserted by regulation 2 of S.I. 2007/968 .