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	United Kingdom Statutory Instruments
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"the Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987[4];

"Crown servant posted overseas" means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;

"the Disability Working Allowance Regulations" means the Disability Working Allowance (General) Regulations 1991[5];

"the Family Credit Regulations" means the Family Credit (General) Regulations 1987[6].

Amendments to the Family Credit Regulations
     3. Amend the Family Credit Regulations as follows.

     4. In regulation 2(1) after the definition of "Crown property" insert the following definition - 

" "Crown servant posted overseas" means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;".

     5. In regulation 2A[7] after paragraph (c) add the following paragraph - 

" (d) to a partner of a Crown servant posted overseas who has no national insurance number and is not a UK national.".

6. In regulation 3 after paragraph (1)[8] insert the following paragraph - 

    " (1ZA) A Crown servant posted overseas, or his partner, shall be treated as being in Great Britain for the duration of his posting.".

     7. In regulation 14 after paragraph (6) insert the following paragraph - 

    " (6ZA) Where at the date of claim - 


(a) the claimant is a Crown servant posted overseas or a partner of such a Crown servant, and

(b) either or both of them has employment other than as a Crown servant which is carried on in an overseas territory,



the Board shall require either or both of them to furnish either evidence of earnings from that employment or, if that is not available, an estimate of likely earnings from that employment for the pay periods for which they will normally be paid, and normal weekly earnings shall be determined by taking account of that evidence or estimate.".

     8. In regulation 20 - 

(a) in paragraph (3)[9] after the words "paragraph (4)" insert "or (4A)";

(b) after paragraph (4) insert the following paragraph - 

    " (4A) Where earnings are estimated under paragraph (6ZA) of regulation 14 (normal weekly earnings of employed earner in overseas territory), net earnings shall be calculated by taking into account those earnings over the period in respect of which the estimate is made, less - 


(a) the amount (if any) of income tax deducted in respect of those earnings in accordance with the laws of the overseas territory concerned,

(b) the amount (if any) of social security contributions deducted in respect of those earnings in accordance with those laws, and

(c) one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.".

     9. In regulation 46A[10] - 

(a) in paragraph (2) in the definition of "relevant childcare charges"[11] after sub-paragraph (h) insert


     " or


(i) by a child care provider approved by an accredited organisation in accordance with regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 2002[12],"



(b) in paragraph (6C)[13] for "26" substitute "the number of weeks of the award".

Amendment to the Disability Working Allowance Regulations
     10. Amend the Disability Working Allowance Regulations as follows.

     11. In regulation 51A(6C)[14] for "26" substitute "the number of weeks of the award".

Amendments to the Claims and Payments Regulations
     12. Amend the Claims and Payments Regulations as follows.

     13. In regulation 2(1) - 

(a) in the definition of "appropriate office"[15] add at the end "or, in the case of a Crown servant posted overseas or his partner, a Regimental Administrative Office, Unit Personnel Office, Personnel Management Squadron Office, British Embassy, High Commission or Consulate.";

(b) after the definition of "Contributions and Benefits Act"[16] insert the following definition - 

" "Crown servant posted overseas" means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;".

Nick Ainger

John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury

1st July 2002


Nick Montagu

Dave Hartnett
Two of the Commissioners of Inland Revenue

27th June 2002

[2] 1999 c. 10. back

[3] 1992 c. 5. Subsections (1A) to (1C) of section 1 were inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c. 47). Section 189(1), (4) and (5) was amended by paragraph 109(a), (c) and (d) of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c. 14), and section 189(1) was amended further by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. back

[4] S.I. 1987/1968. back

[5] S.I. 1991/2887. back

[6] S.I. 1987/1973. back

[7] Regulation 2A was inserted by regulation 6 of S.I. 1997/2676. back

[8] Regulation 3(1) was amended by regulation 6(a) of S.I. 1996/30. back

[9] Paragraph (3) of regulation 20 was amended by regulation 7(b) of S.I. 1992/573, regulation 15(2) of S.I. 1994/2139 and regulation 3(5)(b) of S.I. 1996/3137. back

[10] Regulation 46A was inserted as regulation 13A by regulation 4(4) of S.I. 1994/1924, and the inserted regulation was renumbered as regulation 46A by regulation 6 of S.I. 1999/2487. back

[11] The definition of "relevant childcare charges" in regulation 46A was amended by regulation 4(2) of S.I. 1996/2545, regulation 12(a) of S.I. 1995/516, regulation 2(4) of S.I. 1997/2793, regulation 4(b) of S.I. 1999/714, regulation 8(2) of S.I. 1999/2487, regulation 5 of S.I. 2000/795 and regulation 3(2) of S.I. 2002/14. back

[12] S.I. 2002/1417. back

[13] Paragraphs (6A) to (6C) were inserted by regulation 4(d) of S.I. 1999/714 and amended by Schedule 1(1) to S.I. 1999/2487. back

[14] Regulation 51A was inserted as regulation 15A by regulation 3(4) of S.I. 1994/1924, and the inserted regulation was renumbered as regulation 51A by regulation 17 of S.I. 1999/2487. Paragraphs (6A) to (6C) of regulation 51A were inserted by regulation 5(d) of S.I. 1999/714 and amended by Schedule 2(2) to S.I. 1999/2487. back

[15] The definition of "appropriate office" was amended by regulation 2(2)(a)(i) of S.I. 1996/1460 and regulation 3(b) of S.I. 1999/2572. back

[16] Inserted by regulation 9(2) of S.I. 2000/1483.Ìback

  Prepared 1 August 2002