The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

Made: 30th July 2002

Coming into force in accordance with regulation 1

Whereas a draft of this instrument, which prescribes the amount in excess of which, by virtue of subsection (2) of section 12 of the Tax Credits Act 2002, charges are not to be taken into account for the purposes of that subsection, and which also contains the first regulations made under sections 11 and 12 of that Act, has been laid before, and approved by resolution of, each House of Parliament:

Now, therefore, the Treasury, in exercise of the powers conferred upon them by sections 10, 11, 12, 65(1) and (7) and 67 of the Tax Credits Act 2002, hereby make the following Regulations:

PART 1 — GENERAL

Citation, commencement and effect

1

These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) 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;

and shall have effect for the tax year beginning on 6th April 2003 and subsequent tax years.

Interpretation

2

• (1) In these Regulations, except where the context otherwise requires—

• “the Act” means the Tax Credits Act 2002, and a reference without more to a numbered section is a reference to the section of the Act bearing that number;

• “the Board” means the Commissioners of Inland Revenue;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992[^f00003];

• “child” has the same meaning as it has in the Child Tax Credit Regulations 2002[^f00004];

• “claim” means a claim for working tax credit and “joint claim” and “single claim” have the meanings respectively assigned in section 3(6);

• “claimant” means the person making a claim and, in the case of a joint claim, means either of the claimants;

• “couple” means a married couple or an unmarried couple;

• “the determination of the maximum rate” means the determination of the maximum rate of working tax credit;

• “employed”, except in the expression “self-employed” means employed under a contract of service and includes the holding of an office, the emoluments of which are chargeable to Schedule E, and cognate expressions shall be construed accordingly;

• “employment zone” means an area within Great Britain designated by the Employment Zones Regulations 2000[^f00005] for the purposes of section 60 of the Welfare Reform and Pensions Act 1999[^f00006];

• “employment zone programme” means a programme which is— established for one or more employment zones, and designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

• “initial claim” has the same meaning as in section 11(1) of the Social Security Administration Act 1992[^f00007];

• “local authority” means— in relation to England, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly; in relation to Wales, the council of a county or county borough; or, in relation to Scotland, a council constituted under section 2 of the Local Government, etc. (Scotland) Act 1994[^f00008];

• “patient” means a person (other than a person who is serving a sentence, imposed by a court, in a prison or youth custody institution or, in Scotland, a young offenders' institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975[^f00009];

• “period of award” shall be construed in accordance with section 4;

• “qualifying young person” means a person who satisfies regulation 5 of the Child Tax Credit Regulations 2002;

• “relevant child care charges” has the meaning given by regulation 14;

• “Schedule E” means the Schedule so described in the Taxes Act;

• “self-employed” means engaged in the carrying on of a trade profession or vocation;

• “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993[^f00010] out of sums allocated to it for distribution under that section;

• “surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990[^f00011];

• “the Taxes Act” means the Income and Corporation Taxes Act 1988[^f00012];

• “training allowance” means an allowance (whether by way of periodical grants or otherwise) payable— out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise or the Department for Employment and Learning (“the relevant paying authority”); to a person in respect of his maintenance or in respect of a member of his family; and for the period, or part of the period, during which he is following a course of training or instruction— provided by, or in pursuance of arrangements made with, the relevant paying authority, or approved by the relevant paying authority in relation to him, but does not include an allowance, paid by a Government department, Northern Ireland department or the Scottish Executive to or in respect of a person by reason of the fact that he is training as a teacher, or is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973[^f00013], section 2 or 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00014], or section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00015];

• “week” means a period of seven days beginning with midnight between Saturday and Sunday.

• (2) For the purposes of these Regulations a person is responsible for a child or qualifying young person if he is treated as being responsible for that child or qualifying young person in accordance with the rules contained in regulation 3 of the Child Tax Credit Regulations 2002.

• (3) A reference in these Regulations to an enactment applying to Great Britain but not to Northern Ireland shall, unless the context otherwise requires, include a reference to the corresponding enactment applying in Northern Ireland.

Other elements of working tax credit

3

• (1) For the purposes of determining the maximum rate of working tax credit, in addition to the basic element and the disability element[^f00016], the following elements are prescribed—

• (a) a 30 hour element;

• (b) a second adult element;

• (c) a lone parent element;

• (d) a child care element;

• (e) a severe disability element; and

• (f) a 50 plus element.

• (2) It is a condition of entitlement to the other elements of working tax credit that the person making the claim for working tax credit is entitled to the basic element.

• (3) If the claim for working tax credit is a joint claim, and both members of the couple satisfy the conditions of entitlement for—

• (a) the disability element,

• (b) the severe disability element, or

• (c) the 50 plus element,

the award must include two such elements.

PART 2 — CONDITIONS OF ENTITLEMENT

Basic element

Entitlement to basic element of Working Tax Credit: qualifying remunerative work

4

• (1) Subject to the qualification in paragraph (2), a person shall be treated as engaged in qualifying remunerative work if, and only if, he satisfies all of the following conditions (and in the case of the Second condition, one of the variations in that condition).

• First conditionThe person is employed or self-employed and—is working at the date of the claim; orhas an offer of work which he has accepted at the date of the claim and the work is expected to commence within 7 days of the making of the claim.In relation to a case falling within sub-paragraph (b) of this condition, references in the second third and fourth conditions below to work which the person undertakes are to be construed as references to the work which the person will undertake when it commences.In such a case the person is only to be treated as being in qualifying remunerative work when he begins the work referred to in that sub-paragraph.

• Second conditionFirst variation: In the case of a single claim, the person—is aged at least 16 and—undertakes work for not less than 16 hours per week,... is responsible for a child or qualifying young person, or he has a physical or mental disability which puts him at a disadvantage in getting a job and satisfies regulation 9(1)(c),. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .is aged at least 25 and undertakes not less than 30 hours work per week ...; oris aged at least 60 and undertakes not less than 16 hours work per weekSecond variation: In the case of a joint claim where neither person is responsible for a child or qualifying young person, the person—is aged at least 16 and undertakes work for not less than 16 hours per week and has a physical or mental disability which puts that person at a disadvantage in getting a job and satisfies regulation 9(1)(c);is aged at least 25 and undertakes work for not less than 30 hours per week; or is aged at least 60 and undertakes work for not less than 16 hours per week.Third variation: In the case of a joint claim where a person or that person’s partner is responsible for a child or qualifying young person, the person—is aged at least 16 and is a member of a couple where at least one partner undertakes work for not less than 16 hours per week and the aggregate number of hours for which the couple undertake work is not less than 24 hours per week;is aged at least 16 and undertakes work for not less than 16 hours per week and has a physical or mental disability which puts that person at a disadvantage in getting a job and satisfies regulation 9(1)(c);is aged at least 16 and undertakes work for not less than 16 hours per week and that person’s partner is—incapacitated and satisfies any of the circumstances in regulation 13(4) to (12); oran in-patient in hospital; orin prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence); orentitled to carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992; or entitled to carer’s assistance given in accordance with regulations made under section 28 of the Social Security (Scotland) Act 2018; is aged at least 60 and undertakes work for not less than 16 hours per week.

• Third conditionThe work which the person undertakes is expected to continue for at least 4 weeks after the making of the claim or, in a case falling within sub-paragraph (b) of the first condition, after the work starts.

• Fourth conditionThe work is done for payment or in expectation of payment....A social security benefit is not payment for the purposes of satisfying this condition.

• (1A) For the purposes of interpretation of paragraph (1)—

• (a) paragraphs (3) and (4) provide the method of determining the number of hours of qualifying remunerative work that a person undertakes;

• (b) regulations 5, 5A, 6 and 7A and 7B apply in relation to periods of absence from work connected with childbirth or adoption, sickness, strike periods or suspension from work;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) regulation 7D applies where a person or, in the case of a joint claim, one or both persons cease to work or reduce their hours to the extent that they no longer satisfy the Second condition in paragraph (1);

• (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) regulation 8 applies where there is a gap between jobs;

• (f) regulation 9 prescribes the conditions which must be satisfied by, or exist in relation to, a person so that he is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.

• (2) A person who would otherwise satisfy the conditions in paragraph (1) shall not be regarded as engaged in qualifying remunerative work to the extent that he is—

• (a) engaged by a charitable or voluntary organisation, or is a volunteer, if the only payment received by him or due to be paid to him is a payment by way of expenses which falls to be disregarded under item 1 in Table 7 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;

• (b) engaged in caring for a person who is not a member of his household but is temporarily residing with him if the only payment made to him for providing that care is disregarded income by virtue of item 3 or 4 in Table 8 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;

• (c) engaged on a scheme for which a training allowance is being paid;

• (d) participating in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

• (e) engaged in an activity in respect of which—

• (i) a sports award has been made, or is to be made, to him, and

• (ii) no other payment is made, or is expected to be made, to him; or

• (f) participating in an employment zone programme, that is to say a programme established for one or more areas designated pursuant to section 60 of the Welfare Reform and Pensions Act 1999, and subject to the Employment Zones Regulations 2003 and the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 if he receives no payments under that programme other than—

• (i) discretionary payments disregarded in the calculation of a claimant’s income under item 6(b) in Table 6 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002; or

• (ii) training premiums.

This is subject to the following qualification.

• (g) a person who—

• (i) is serving a custodial sentence or has been remanded in custody awaiting trial or sentence, and

• (ii) is engaged in work (whether inside or outside a prison) while he is serving the sentence or remanded in custody.

• (2A) Neither sub-paragraph (c) nor sub-paragraph (d) of paragraph (2) applies if—

• (a) in a case falling within sub-paragraph (c), the training allowance, or

• (b) in a case falling within sub-paragraph (d), any payment made by the Secretary of State, or, in Northern Ireland, by the Department for Communities, in connection with the Intensive Activity Period,

is chargeable to income tax as the profits of a trade, profession or vocation.

• (3) The number of hours for which a person undertakes qualifying remunerative work is—

• (a) in the case of an apprentice, employee or office-holder the number of hours of such work which he normally performs—

• (i) under the contract of service or of apprenticeship under which he is employed; or

• (ii) in the office in which he is employed;

• (b) in the case of an agency worker, the number of hours in respect of which remuneration is normally paid to him by an employment agency with whom he has a contract of employment; or

• (c) in the case of a person who is self-employed, the number of hours he normally performs for payment or in expectation of payment.

This is subject to the following qualification.

• (4) In reckoning the number of hours of qualifying remunerative work which a person normally undertakes—

• (a) any period of customary or paid holiday, ...

• (b) any time allowed for meals or refreshment, unless the person is, or expects to be paid earnings in respect of that time, ...

• (c) any period of absence from work due to taking emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, ...

• (d) any period of absence from work resulting from that person—

• (i) having been instructed by NHS Test and Trace, to self-isolate due to coronavirus; or

• (ii) having been instructed not to attend work as a direct consequence of restrictions imposed under any enactment as a consequence of coronavirus , and

• (e) any period of absence from work due to taking carer’s leave under section 80J of the Employment Rights Act 1996,

shall be disregarded.

• (5) In reckoning the number of hours of qualifying remunerative work which a person normally undertakes, any time allowed for visits to a hospital, clinic or other establishment for the purpose only of treating or monitoring the person’s disability shall be included; but only if the person is, or expects to be, paid in respect of that time.

• (6) In this regulation “work” shall be construed as a reference to any work that the person undertakes whether as a person who is employed or self-employed or both.

• (7) In this regulation “NHS Test and Trace” means the service introduced by the National Health Service in England to trace the spread of coronavirus or any service established in Scotland, Wales or Northern Ireland for a similar purpose.

Maternity leave

5

• (1) This regulation applies for any period during which a person—

• (a) is paid maternity allowance,

• (b) is paid statutory maternity pay,

• (c) is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996 or Article 103 of the Employment Rights (Northern Ireland) Order 1996,

• (ca) is absent from work during the first 13 weeks of an additional maternity leave period under section 73 of the Employment Rights Act 1996 or article 105 of the Employment Rights (Northern Ireland) Order 1996,

• (d) is paid ... statutory paternity pay,

• (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) is absent from work during a paternity leave period under sections 80A or 80B of the Employment Rights Act 1996 or Articles 112A or 112B of the Employment Rights (Northern Ireland) Order 1996,

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) is paid statutory adoption pay, ...