Tax Credits Act 2002

Type Public General Act
Publication 2002-07-08
Last updated 2023-06-29
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
111

Sch. 3 para. 26 repealed (7.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/2101, art. 2(3)(c)

112

Sch. 3 para. 28 repealed (7.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/2101, art. 2(3)(c)

118

S. 25(3) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 113(2), Sch. 36 para. 90 (with Sch. 36 para. 38); S.I. 2009/404, art. 2 (with art. 9)

119

S. 25(4) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 113(2), Sch. 36 para. 90 (with Sch. 36 para. 38); S.I. 2009/404, art. 2 (with art. 9)

147

Sch. 3 para. 59 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

148

Sch. 5 para. 4(2)-(3B) substituted for Sch. 5 para. 4(2) (1.6.2009) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 4(2); S.I. 2009/1314, art. 2(2)(b)(i)

150

Sch. 5 para. 6(1)(1A) substituted for Sch. 5 para. 6(1) (1.6.2009) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 4(4); S.I. 2009/1314, art. 2(2)(b)(i)

151

Words in s. 29(5) substituted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 58 para. 8(a)

152

Words in s. 29(5) inserted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 58 para. 8(b)

154

Sch. 3 para. 34 repealed (6.4.2010) by Welfare Reform Act 2009 (c. 24), ss. 58(2)(c), 61(2), (2), Sch. 7 Pt. 2

156

Sch. 3 para. 46 repealed (with effect in accordance with s. 34(2)(c) of the amending Act) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), s. 36(1)(p), Sch. 4 Pt. 2 (with s. 14(2))

159
160
171

Words in s. 66(1) inserted (1.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(4)(a)(i), 150(3); S.I. 2013/178, art. 2

172

Words in s. 66(1) substituted (1.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(4)(a)(ii), 150(3); S.I. 2013/178, art. 2

173

Words in s. 66(3)(a) inserted (1.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(4)(c), 150(3); S.I. 2013/178, art. 2

174

S. 66(2)(za)(zb) inserted (1.2.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(4)(b), 150(3); S.I. 2013/178, art. 2

175

S. 36A(10) power exercised: 6.4.2013 specified for the purposes of ss. 36A-36D by S.I. 2013/524, art. 2

176

S. 36C(7) power exercised: 6.4.2013 specified for the purposes of ss. 36A-36D by S.I. 2013/524, art. 2

177

Ss. 36A-36D and cross-heading inserted (1.2.2013 for specified purposes, otherwise 6.4.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(2), 150(3); S.I. 2013/178, art. 2

178

Word in s. 38(1) repealed (6.4.2013) by Welfare Reform Act 2012 (c. 5), ss. 120(3)(a), 150(3); S.I. 2013/178, art. 2

179
188

S. 38(1B)(1C) inserted (6.4.2014) by The Tax Credits, Child Benefit and Guardian’s Allowance Reviews and Appeals Order 2014 (S.I. 2014/886), arts. 1(1), 2(11) (with art. 1(5)) [Editorial note: S. 38(1A) (and the cross-reference to it in s. 38(1)) struck out as ultra vires. See Court of Appeal judgment dated 19.1.2024 in the case of HMRC v Arrbab [2024] EWCA Civ 16]

190

Act applied (with modifications) (E.W.S.) (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), reg. 12(2)-(6) (as amended 1.5.2016) by S.I. 2016/232, regs. 1(2), 2

191

Act applied (with modifications) (E.W.S.) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), reg. 12A(2), Sch. 1 (as inserted (13.10.2014) by S.I. 2014/1626, regs. 1(2), 4(1); as renumbered (24.7.2019) by S.I. 2019/1152, regs. 1(2), 3(8); and as amended (29.6.2023) by S.I. 2023/543, regs. 1(1), 6(5)(a))

194

S. 2 functions made exercisable concurrently (E.W.S.) (1.4.2015) by The Tax Credits (Exercise of Functions) Order 2014 (S.I. 2014/3280), arts. 1, 3

195
198

Act applied (with modifications) (N.I.) (5.6.2016 for specified purposes) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 10(2)-(6), 11(2), Sch. (as amended (25.9.2017) by S.I. 2017/781, arts. 1, 8(3))

199

Words in s. 9(2)(a) substituted (16.3.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 13(2)(a), 36(4)

200

S. 9(2)(c) inserted (16.3.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 13(2)(b), 36(4)

201

Words in s. 9(3) inserted (16.3.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 13(3), 36(4)

202

S. 9(3A)(3B) inserted (16.3.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 13(4), 36(4)

203

S. 9(5)(c) substituted (16.3.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 13(5), 36(4)

213

Act applied (with modifications) (N.I.) (coming into force in accordance with reg 1 of the amending Regulations) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), reg. 10(2)-(6)

214

Act applied (with modifications) (coming into force in accordance with reg.1 of the amending Regulations) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), Sch. paras. 1-10

215

Words in s. 20(2)(f) substituted (with effect in accordance with Sch. 15 para. 44 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 15 para. 35(2)

216

Words in s. 20(3)(b) inserted (with effect in accordance with Sch. 15 para. 44 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 15 para. 35(3)

217

S. 1 functions made exercisable concurrently (10.1.2018) by The Transfer of Functions (International Development) Order 2017 (S.I. 2017/1283), arts. 1(2), 2(a) (with art. 3)

218

S. 4 functions made exercisable concurrently (10.1.2018) by The Transfer of Functions (International Development) Order 2017 (S.I. 2017/1283), arts. 1(2), 2(b) (with art. 3)

219

S. 7 functions made exercisable concurrently (10.1.2018) by The Transfer of Functions (International Development) Order 2017 (S.I. 2017/1283), arts. 1(2), 2(c) (with art. 3)

220

S. 11 functions made exercisable concurrently (10.1.2018) by The Transfer of Functions (International Development) Order 2017 (S.I. 2017/1283), arts. 1(2), 2(d) (with art. 3)

221

Pt. 1 repealed (1.2.2019 with savings in relation to specified cases in art. 3 of the commencing S.I.) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2019/167, arts. 2, 3

222

Sch. 2 repealed (1.2.2019 with savings in relation to specified cases in art. 3 of the commencing S.I.) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2019/167, arts. 2, 3

247

Words in s. 18(11) substituted (6.4.2014) by The Tax Credits, Child Benefit and Guardian’s Allowance Reviews and Appeals Order 2014 (S.I. 2014/886), arts. 1(1), 2(2) (with art. 1(5))

248

Words in s. 19(12) substituted (6.4.2014) by The Tax Credits, Child Benefit and Guardian’s Allowance Reviews and Appeals Order 2014 (S.I. 2014/886), arts. 1(1), 2(3) (with art. 1(5))

249

Ss. 14-19 disapplied (E.W.) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022 (S.I. 2022/1208), regs. 1(1), 3

250

S. 20 applied (with modifications) (E.W.) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022 (S.I. 2022/1208), regs. 1(1), 4

251

S. 28 applied (with modifications) (E.W.) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022 (S.I. 2022/1208), regs. 1(1), 5

252

S. 67 applied (with modifications) (E.W.) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022 (S.I. 2022/1208), regs. 1(1), 6

Administrative arrangements

Right not to suffer detriment: Northern Ireland

Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

Child Support Act 1991 (c. 48)

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

Social Security Administration Act 1992 (c. 5)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Value Added Tax Act 1994 (c. 23)

Children (Scotland) Act 1995 (c. 36)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Powers to use information

Powers to use information

Powers to use information

Consequential amendments

Powers to use information

Consequential amendments

Consequential amendments

Claims: supplementary

Rights of employees

Annual review

Liability of officers for sums paid to employers

Loss of working tax credit in case of conviction etc for benefit offence

Late appeals

Transfer of property, rights and liabilities

General functions of Commissioners for Revenue and Customs

Abolition of exclusion of tax exempt persons

Functions transferred to Board

Right not to be unfairly dismissed: Northern Ireland

Abolition of exclusion of tax exempt persons

Use and disclosure of information

Right not to be unfairly dismissed: Northern Ireland

Debtors (Scotland) Act 1987 (c. 18)

Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))

Income and Corporation Taxes Act 1988 (c. 1)

Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))

Child Support Act 1991 (c. 48)

Value Added Tax Act 1994 (c. 23)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Social Security Administration Act 1992 (c. 5)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Social Security Act 1998 (c. 14)

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Immigration and Asylum Act 1999 (c. 33)

Powers to use information

Unauthorised disclosure of information

Consequential amendments

Rights of employees

Abolition of exclusion of tax exempt persons

Functions transferred to Board

Functions transferred to Treasury

Transitional provisions

Right not to be unfairly dismissed: Northern Ireland

Determination of penalties by Board

Right not to suffer detriment: Northern Ireland

Right not to be unfairly dismissed: Northern Ireland

Child Support Act 1991 (c. 48)

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

Child Support Act 1991 (c. 48)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Social Security Administration Act 1992 (c. 5)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Unauthorised disclosure of information

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Powers to use information

Consequential amendments

Unauthorised disclosure of information

Consequential amendments

Functions transferred to Treasury

Section 36A: supplementary

Abolition of exclusion of tax exempt persons

Functions transferred to Board

Consequential amendments

Right not to be unfairly dismissed: Great Britain

Right not to be unfairly dismissed: Great Britain

Education Reform (Northern Ireland) Order 1989 (S.I. 1989/2406 (N.I. 20))

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

Social Security Contributions and Benefits Act 1992 (c. 4)

Value Added Tax Act 1994 (c. 23)

Children (Scotland) Act 1995 (c. 36)

Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))

Unauthorised disclosure of information

Immigration and Asylum Act 1999 (c. 33)

Exchange of information between Board and Secretary of State or Northern Ireland Departments

Unauthorised disclosure of information

Consequential amendments

Social Security Administration Act 1992 (c. 5)

Unauthorised disclosure of information

Right not to be unfairly dismissed: Great Britain

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Social Security Act 1998 (c. 14)

Social Security Act 1998 (c. 14)

Social Security Administration Act 1992 (c. 5)

Value Added Tax Act 1994 (c. 23)

Social Security Act 1998 (c. 14)

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Unauthorised disclosure of information

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

General functions of Commissioners for Revenue and Customs

Abolition of exclusion of tax exempt persons

General functions of Commissioners for Revenue and Customs

Right not to be unfairly dismissed: Great Britain

Social Security Contributions and Benefits Act 1992 (c. 4)

Value Added Tax Act 1994 (c. 23)

Social Security Administration Act 1992 (c. 5)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Introductory

Loss of tax credit provisions

36A
  • (1) Subsection (4) applies where a person (“the offender”)—
  • (a) is convicted of one or more benefit offences in any proceedings, or
  • (b) after being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority, in a case where the offence to which the notice relates is a benefit offence, or
  • (c) is cautioned in respect of one or more benefit offences.
  • (2) In subsection (1)(b)—
  • (a) “the appropriate penalty provision” means section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) Act 1992 (the corresponding provision for Northern Ireland);
  • (b) “appropriate authority” means—
  • (i) in relation to section 115A of the Social Security Administration Act 1992, the Secretary of State or an authority which administers housing benefit or council tax benefit, and
  • (ii) in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.
  • (3) Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the current set of proceedings for the purposes of section 36C, the restriction in subsection (3) of that section applies in the offender's case.
  • (4) If this subsection applies and the offender is a person who would, apart from this section, be entitled (whether pursuant to a single or joint claim) to working tax credit at any time within the disqualification period, then, despite that entitlement, working tax credit shall not be payable for any period comprised in the disqualification period—
  • (a) in the case of a single claim, to the offender, or
  • (b) in the case of a joint claim, to the offender or the other member of the couple.
  • (5) Regulations may provide in relation to cases to which subsection (4)(b) would otherwise apply that working tax credit shall be payable, for any period comprised in the disqualification period, as if the amount payable were reduced in such manner as may be prescribed.
  • (6) For the purposes of this section, the disqualification period, in relation to any disqualifying event, means the relevant period beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations.
  • (7) For the purposes of subsection (6) the relevant period is—
  • (a) in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,
  • (b) in a case falling within subsection (1)(a) (but not within paragraph (a) above)), the period of 13 weeks, or
  • (c) in a case falling within subsection (1)(b) or (c), the period of 4 weeks.
  • (8) The Treasury may by order amend subsection (7)(a), (b) or (c) to substitute a different period for that for the time being specified there.
  • (9) This section has effect subject to section 36B.
  • (10) In this section and section 36B—

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