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The Family Credit (General) Regulations 1987

S.I. 1987/1973 · Made 20 November 1987 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 11 April 2018.

SOCIAL SECURITY

Made 20th November 1987

Coming into force 11th April 1988

Whereas a draft of this instrument was laid before Parliament in accordance with section 83(3) of the Social Security Act 1986 and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State for Social Services, in exercise of the powers conferred by section 20(1), (5)(c), (6), (10), (11) and (12), section 21(3) and (6)(a), section 22(1) and (5) to (9), section 51(1)(h) and section 84(1) of the Social Security Act 1986 M1 and sections 104(5) and 166(1) to (3A) of the Social Security Act 1975 M2 and of all other powers enabling him in that behalf, by this instrument, which is made before the end of a period of 12 months from the commencement of the enactments under which it is made, makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

M2

1975 c. 14; section 104(5) (relevant change of circumstances) is inserted by paragraph 10 of Schedule 5 to the Social Security Act 1986 and is applied to family credit by section 52 of that Act; section 166(3A) is inserted by section 62 of that Act, and section 166(1) to (3A) (extent of powers) is applied by section 83(1) of the Social Security Act 1986 to regulation-making powers conferred by that Act.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADisapplication of section 1(1A) of the Administration Act
  5. Part II: PRESENCE IN GREAT BRITAIN AND REMUNERATIVE WORK
  6. 3Circumstances in which a person is treated as being or as not being in Great Britain
  7. 4Remunerative work
  8. 4AFurther provision as to remunerative work
  9. Part III: MEMBERSHIP OF A FAMILY
  10. 6Persons of a prescribed description
  11. 7Circumstances in which a person is to be treated as responsible or not responsible for another
  12. 8Membership of the same household
  13. 9Circumstances in which a person is to be treated as being no longer a member of the same household
  14. Part IV: INCOME AND CAPITAL
  15. GENERAL
  16. 10Calculation of income and capital of members of claimant's family and of a polygamous marriage
  17. 11Calculation of income and capital of students
  18. 12Rounding of fractions
  19. NORMAL WEEKLY INCOME
  20. 13Calculation of income on a weekly basis
  21. 13ATreatment of child care charges Repealed
  22. 14Normal weekly earnings of employed earners
  23. 14ANormal weekly earnings of directors
  24. 15Normal weekly earnings of self-employed earners
  25. 16Normal weekly income other than earnings
  26. 17Periods to be disregarded
  27. 18Calculation of weekly amount of income
  28. EMPLOYED EARNERS
  29. 19Earnings of employed earners
  30. 20Calculation of net earnings of employed earners
  31. 20ZACalculation of net earnings of directors
  32. 20ACalculation of bonus or commission
  33. SELF-EMPLOYED EARNERS
  34. 21Earnings of self-employed earners
  35. 22Calculation of net profit of self-employed earners
  36. 23Deduction of tax and contributions for self-employed earners
  37. OTHER INCOME
  38. 24Calculation of income other than earnings
  39. 25Capital treated as income
  40. 26Notional income
  41. 27Modifications in respect of children and young persons
  42. CAPITAL
  43. 28Capital limit
  44. 29Calculation of capital
  45. 30Disregard of capital of child or young person
  46. 31Income treated as capital
  47. 32Calculation of capital in the United Kingdom
  48. 33Calculation of capital outside the United Kingdom
  49. 34Notional capital
  50. 34ADiminishing notional capital rule
  51. 35Capital jointly held
  52. 36Calculation of tariff income from capital
  53. STUDENTS
  54. 37Interpretation
  55. 38Calculation of grant income
  56. 39Calculation of covenant income where a contribution is assessed
  57. 40Covenant income where no grant income or no contribution is assessed
  58. 41Relationship with amounts to be disregarded under Schedule 2
  59. 42Other amounts to be disregarded
  60. 42ZACalculation of capital—lump sum access fund payment
  61. 42ATreatment of student loans
  62. 43Disregard of contribution
  63. 43AFurther disregard of student’s income
  64. 44Disregard of tax refund
  65. 45Disregard of changes occurring during summer vacation
  66. Part V: CALCULATION OF ENTITLEMENT
  67. 46Determination of appropriate maximum working families' tax credit
  68. 46ATreatment of child care charges
  69. 47Applicable amount
  70. 48Entitlement to family credit where income exceeds the applicable amount
  71. Part VI: CHANGES OF CIRCUMSTANCES
  72. 49Death of claimant
  73. 49ZASurrendering an award following birth or adoption etc. of child
  74. 49AYoung person leaving full-time education
  75. 50Prevention of duplication of awards of working families' tax credit and income support
  76. 51Overlapping awards
  77. 51AReduced benefit direction Repealed
  78. Part VII: ENTITLEMENT TO FAMILY CREDIT AND DISABILITY WORKING ALLOWANCE
  79. 52Prescribed circumstances for entitlement to working families' tax credit
  80. Signature
  81. Schedule 1: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. Schedule 2: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. 10Paragraph 10
  96. 11Paragraph 11
  97. 12Paragraph 12
  98. 12AParagraph 12A
  99. 13Paragraph 13
  100. 14Paragraph 14
  101. 15Paragraph 15
  102. 16Paragraph 16
  103. 17Paragraph 17
  104. 18Paragraph 18
  105. 19Paragraph 19
  106. 20Paragraph 20
  107. 21Paragraph 21
  108. 22Paragraph 22
  109. 23Paragraph 23
  110. 24Paragraph 24
  111. 25Paragraph 25
  112. 25AParagraph 25A
  113. 26Paragraph 26
  114. 27Paragraph 27
  115. 27AParagraph 27A
  116. 28Paragraph 28
  117. 29Paragraph 29
  118. 30Paragraph 30
  119. 31Paragraph 31
  120. 32Paragraph 32
  121. 33Paragraph 33
  122. 34Paragraph 34
  123. 35Paragraph 35
  124. 36Paragraph 36
  125. 37Paragraph 37
  126. 38Paragraph 38
  127. 39Paragraph 39 Repealed
  128. 40Paragraph 40
  129. 41Paragraph 41
  130. 42Paragraph 42
  131. 43Paragraph 43
  132. 44Paragraph 44
  133. 45Paragraph 45
  134. 46Paragraph 46
  135. 47Paragraph 47
  136. 48Paragraph 48
  137. 49Paragraph 49
  138. 50Paragraph 50
  139. 51Paragraph 51
  140. 52Paragraph 52
  141. 53Paragraph 53
  142. 54Paragraph 54
  143. 55Paragraph 55
  144. 56Paragraph 56
  145. 57Paragraph 57
  146. 58Paragraph 58
  147. 59Paragraph 59
  148. 60Paragraph 60
  149. 61Paragraph 61
  150. 62Paragraph 62
  151. 63Paragraph 63
  152. 64Paragraph 64
  153. 65Paragraph 65
  154. 66Paragraph 66
  155. 67Paragraph 67
  156. 68Paragraph 68
  157. 69Paragraph 69
  158. 70Paragraph 70
  159. 71Paragraph 71
  160. Schedule 3: CAPITAL TO BE DISREGARDED
  161. 1Paragraph 1
  162. 1AParagraph 1A
  163. 2Paragraph 2
  164. 3Paragraph 3
  165. 4Paragraph 4
  166. 5Paragraph 5
  167. 6Paragraph 6
  168. 7Paragraph 7
  169. 8Paragraph 8
  170. 9Paragraph 9
  171. 10Paragraph 10
  172. 11Paragraph 11
  173. 12Paragraph 12
  174. 13Paragraph 13
  175. 14Paragraph 14
  176. 15Paragraph 15
  177. 16Paragraph 16
  178. 17Paragraph 17
  179. 18Paragraph 18
  180. 19Paragraph 19
  181. 20Paragraph 20
  182. 21Paragraph 21
  183. 22Paragraph 22
  184. 23Paragraph 23
  185. 24Paragraph 24
  186. 24AParagraph 24A
  187. 25Paragraph 25
  188. 26Paragraph 26
  189. 27Paragraph 27
  190. 28Paragraph 28
  191. 29Paragraph 29
  192. 30Paragraph 30
  193. 31Paragraph 31
  194. 32Paragraph 32
  195. 33Paragraph 33
  196. 34Paragraph 34
  197. 35Paragraph 35
  198. 36Paragraph 36
  199. 37Paragraph 37 Repealed
  200. 38Paragraph 38
  201. 39Paragraph 39
  202. 40Paragraph 40
  203. 41Paragraph 41
  204. 42Paragraph 42
  205. 43Paragraph 43
  206. 44Paragraph 44
  207. 45Paragraph 45
  208. 46Paragraph 46
  209. 47Paragraph 47
  210. 48Paragraph 48
  211. 49Paragraph 49
  212. 50Paragraph 50
  213. 51Paragraph 51
  214. 52Paragraph 52
  215. 53Paragraph 53
  216. 54Paragraph 54
  217. 55Paragraph 55
  218. 56Paragraph 56
  219. 57Paragraph 57
  220. 58Paragraph 58
  221. 59Paragraph 59
  222. 60Paragraph 60
  223. 61Paragraph 61
  224. 62Paragraph 62
  225. 63Paragraph 63
  226. 64Paragraph 64
  227. 65Paragraph 65
  228. 66Paragraph 66
  229. 67Paragraph 67
  230. 68Paragraph 68
  231. 69Paragraph 69
  232. Schedule 4TABLE IN SCHEDULE 4 TO THE FAMILY CREDIT (GENERAL) REGULATIONS 1987 AS SUBSTITUTED BY THESE REGULATIONS
  233. Explanatory note