# The Childcare Payments (Eligibility) Regulations 2015, Regulation 18: Disqualifying tax credit and universal credit claimants from obtaining top-up payments: change of circumstances


(1) The following are to be regarded as changes of circumstances in relation to a person for the purposes of sections 32 and 33 (power to disqualify tax credit or universal credit claimants from obtaining top-up payments)—
(a) a person no longer meets the conditions of eligibility in sections 7 to 9, or a person’s partner no longer meets the condition in section 9;
(b) the composition of a person’s household changes, including where—
(i) a person’s partner joins the person’s household or the person joins the partner’s household;
(ii) a person or a person’s partner takes responsibility for another child or qualifying young person;
(iii) a person’s partner or a child leaves the household; or
(iv) a person’s partner or child dies;
(c) a person or the person’s partner is absent from the household for at least one month;
(d) a person’s child or the person’s partner’s child is awarded, or ceases to be entitled to, disability living allowance, personal independence payment or armed forces independence payment;
(e) the principal employment of a person or a person’s partner changes;
(f) the employment status of a person or a person’s partner changes;
(g) a person becomes liable to pay HMRC an amount under section 35(2), 36(2), 37(2) or 38(3) (recovery of top-up payment where award of tax credit or universal credit made on review, revision or appeal); or
(h) any other change entitles a person or a person’s partner to make a claim that results in either—
(i) a first award of a tax credit; or
(ii) a first award of universal credit.
(2) For the purposes of paragraph (1)(b)(ii)—
(a) in a case within section 32—
(i) a person takes responsibility for a child or qualifying young person where the person takes such responsibility in accordance with the rules in regulation 3 of the Child Tax Credit Regulations 2002; and
(ii) “qualifying young person” has the meaning given in regulations 2 and 5(3) and (4) of those Regulations;
(b) in a case within section 33—
(i) a person takes responsibility for a child or qualifying young person where the person takes such responsibility as determined by regulations 4 and 4A of the Universal Credit Regulations 2013; and
(ii) “qualifying young person” has the meaning given in regulation 5 of those Regulations;
(c) “child” means a person under the age of 16.
(3) In paragraph (1)(b)(iii) and (iv) and (1)(d) “child” means a qualifying child for the purposes of the Act.
(4) In paragraph (1)(e), a person’s “principal employment” is the employment in which the greater part of the person’s working time is spent.

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Source: https://www.legislation.gov.uk/ukdsi/2015/9780111127063/regulation/18 (the official version)
Page: https://openlegislation.uk/draft-childcare-payments-eligibility-regulations-2015/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

