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The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348231205

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 66(1) and (2)(a) of the Tax Credits Act 2002, sections 150(2) and 190(1) of the Social Security Administration Act 1992 and section 166(10A) of the Social Security Administration (Northern Ireland) Act 1992 for approval by resolution of each House of Parliament.

Social Security

Tax Credits

Made ***

Coming into force in accordance with regulation 1(2) and (3)

Following a review under section 41(1) of the Tax Credits Act 2002f1 in the tax year 2021-2022 of the amounts specified in section 41(2) of that Act, the Treasury have determined that Regulations should be made prescribing increases in those amounts.

Following a review of the sums specified in section 150(1)(a)(i) and 150(1)(i) of the Social Security Administration Act 1992f2 in the tax year 2021-2022, the Treasury have determined that the general level of prices in Great Britain is greater at the end of the period under review than it was at the beginning. These Regulations make provision under section 150 of the Social Security Administration Act 1992 and make corresponding provision for Northern Ireland in accordance with section 132(1) of the Social Security Administration (Northern Ireland) Act 1992f3.

A draft of these Regulations was laid before Parliament in accordance with section 66(1) and (2)(a) of the Tax Credits Act 2002, sections 150(2) and 190(1) of the Social Security Administration Act 1992, and section 166(10A)f4 of the Social Security Administration (Northern Ireland) Act 1992, and approved by a resolution of each House of Parliament.

The Treasury make the following Regulations in exercise of the powers conferred by sections 7, 9, 11, 13, 65(1) and 67 of the Tax Credits Act 2002f5, section 150(2), (5), (9) and (10)(a)(i) of the Social Security Administration Act 1992f6, and section 132(1) of the Social Security Administration (Northern Ireland) Act 1992 and now exercisable by themf7.

Annotations to the whole text

Footnotes

f1

2002 c. 21. Section 41 was repealed by Part I of Schedule 14 to the Welfare Reform Act 2012 (c. 5) as commenced by S.I. 2019/167 (C. 6). However this repeal is subject to the savings provision in article 3 of that instrument under which tax credits continue to subsist for specific categories of claimant.

f2

1992 c. 5. Section 150(1)(a)(i) was substituted by section 6(2)(a) of the Pensions Act 2007 (c. 22). The sums reviewed under section 150(1)(a)(i) and 150(1)(i) which are relevant to the making of these Regulations are the weekly rates of guardian’s allowance and child benefit respectively.

f3

1992 c. 8. Section 132(1) was amended by paragraph 9 of Schedule 4 to the Tax Credits Act 2002.

f4

Subsection (10A) was inserted by S.I. 1996/671 and subsequently amended by paragraph 11(3) of Schedule 4 to the Tax Credits Act 2002.

f5

Section 9 was amended by section 13 of the Welfare Reform and Work Act 2012 (c. 7). Sections 7, 9, 11 and 13 were repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 as commenced by S.I. 2019/167 (C. 6). However this repeal is subject to the savings provision in article 3 of that instrument under which tax credits continue to subsist for certain categories of claimant. Section 11(6)(b) and (c) were substituted by paragraph 145 of Schedule 24 of the Civil Partnership Act 2004 (c. 33). Section 67 is cited for the meaning given to the word “prescribed”, namely “prescribed by regulations”.

f6

Section 150(10)(a)(i) was amended by paragraph 21 of Schedule 1 to the Pensions Act 2007.

f7

The functions of the Secretary of State under Part 10 of the Social Security and Administration Act 1992 so far as relating to child benefit and guardian’s allowance were transferred to the Treasury by section 49(3) of the Tax Credits Act 2002. The functions of the Department for Social Development (renamed as the Department for Communities by the Departments Act (Northern Ireland) 2016 (c. 5)) in respect of child benefit and guardian’s allowance under section 132 of the Social Security Administration (Northern Ireland) Act 1992 were transferred to the Treasury by section 49(4) of the Tax Credits Act 2002.

Contents

  1. 1Citation, commencement and effect
  2. 2Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
  3. 3Amendment of the Child Tax Credit Regulations 2002
  4. 4Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
  5. 5Amendment of the Child Benefit (Rates) Regulations 2006
  6. 6Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
  7. 7Amendment of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992
  8. Signature
  9. Explanatory note

1Citation, commencement and effect

(1)

These Regulations may be cited as the Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2022.

(2)

This regulation and regulations 2, 3 and 4 come into force on 6th April 2022.

(3)

Regulations 5, 6 and 7 come into force on 11th April 2022.

(4)

Regulations 2, 3 and 4 have effect in relation to awards of tax credits for the tax year beginning on 6th April 2022 and subsequent tax years.

2Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

The table in Schedule 2 (maximum rates of the elements of a working tax credit) to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002f1 is amended as follows—

(a)

in item 1 (basic element), in the second column for “£2,005” substitute “£2,070”;

(b)

in item 2 (disability element), in the second column for “£3,240” substitute “£3,345”;

(c)

in item 3 (30 hour element), in the second column for “£830” substitute “£860”;

(d)

in items 4 (second adult element) and 5 (lone parent element), in the second column for “£2,060” substitute “£2,125”; and

(e)

in item 6 (severe disability element), in the second column for “£1,400” substitute “£1,445”.

3Amendment of the Child Tax Credit Regulations 2002

Regulation 7 (determination of the maximum rate at which a person or persons may be entitled to child tax credit) of the Child Tax Credit Regulations 2002f1 is amended as follows—

(a)

in paragraph (4)(c) and (4)(f) for “£2,845” substitute “£2,935”;

(b)

in paragraph (5)—

(i)

in sub-paragraph (a) for “£3,435” substitute “£3,545”; and

(ii)

in sub-paragraph (b) for “£4,825” substitute “£4,975”.

4Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002

(1)

The Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002f1 are amended as follows.

(2)

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

(a)

in paragraph (2) for “£6,565” substitute “£6,770”; and

(b)

in paragraph (3) for “£16,480” substitute “£17,005”.

(3)

In regulation 7(3) (determination of rate of working tax credit) in Step 4 for “£6,565” substitute “£6,770”.

(4)

In regulation 8(3) (determination of rate of child tax credit) in Step 4 for “£16,480” substitute “£17,005”.

5Amendment of the Child Benefit (Rates) Regulations 2006

Regulation 2(1) (rate of child benefit) of the Child Benefit (Rates) Regulations 2006f1 is amended as follows—

(a)

in sub-paragraph (a) (enhanced rate) for “£21.15” substitute “£21.80”; and

(b)

in sub-paragraph (b) (other cases) for “£14.00” substitute “£14.45”.

6Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992

In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992f1 (weekly rate of guardian’s allowance) for “£18.00” substitute “£18.55”.

7Amendment of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992

In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 (weekly rate of guardian’s allowance) for “£18.00” substitute “£18.55”.

Signature

Name

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005); the Child Tax Credit Regulations 2002 (S.I. 2002/2007); the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 (S.I. 2002/2008); the Child Benefit (Rates) Regulations 2006 (S.I. 2006/965); the Social Security Contributions and Benefits Act 1992 (c. 4); and the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).

Regulation 2 increases the maximum rate of different elements of working tax credit. It increases the basic element from £2,005 to £2,070, the disability element from £3,240 to £3,345, the 30 hour element from £830 to £860, the second adult element and the lone parent element from £2,060 to £2,125, and the severe disability element from £1,400 to £1,445.

Regulation 3 increases the maximum rate of different elements of child tax credit. It increases the individual element for a child or qualifying young person from £2,845 to £2,935. It increases the disability element from £3,435 to £3,545 for a disabled child or qualifying young person and from £4,825 to £4,975 for a severely disabled child or qualifying young person.

Regulation 4 increases the income threshold (the level of household income below which the full award is granted) from £6,565 to £6,770 for working tax credit and from £16,480 to £17,005 for child tax credit. It also amends the formulae to calculate the rates of working tax credit and child tax credit to account for the increase in the income thresholds.

Regulation 5 increases the weekly rate of child benefit from £21.15 to £21.80 (enhanced rate) and from £14.00 to £14.45 (other rate).

Regulations 6 and 7 increase the weekly rate of guardian’s allowance from £18.00 to £18.55.

The increase in the rates of child benefit and guardian’s allowance take effect from the week beginning with the first Monday in the tax year 2022-2023. The increase in the rates of tax credits take effect from the start of the tax year 2022-2023.

In accordance with section 150(8) of the Social Security Administration Act, a copy of the report of the Government Actuary giving his opinion on the likely effect on the National Insurance Fund of the making of this Order (in relation to the increases made to guardian’s allowance) was laid before Parliament with the draft Order.

A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.