The Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009

• Citation: S.I. 2009/1848
• Sections: 3

Section 1 Citation and commencement

(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009.

(2) These Regulations come into force—

(a) except for the purposes of regulation 3 on 5th August 2009; and

(b) for the purposes of regulation 3 on 2nd November 2009.

Section 2 Treatment of child care charges

(1) At the end of—

(a) regulation 28(8) of the Housing Benefit Regulations 2006 ,

(b) regulation 31(8) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ,

(c) regulation 18(8) of the Council Tax Benefit Regulations 2006 , and

(d) regulation 21(8) (treatment of child care charges) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ,

(each of which relates to the treatment of child care charges), insert—

or

(g) by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006 ; or

(h) by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or

(i) by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or

(j) by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or

(k) by a foster parent under the Fostering Services Regulations 2002 , the Fostering Services (Wales) Regulations 2003 or the Fostering of Children (Scotland) Regulations 1996 in relation to a child other than one whom the foster parent is fostering; or

(l) by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 or the Domiciliary Care Agencies (Wales) Regulations 2004 ; or

(m) by a person who is not a relative of the child wholly or mainly in the child’s home.

Section 3 Disregard of child benefit from income other than earnings

(1) At the end of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) to the Housing Benefit Regulations 2006 add—

(65) Any payment of child benefit.

(2) At the end of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) to the Council Tax Benefit Regulations 2006 add—

(66) Any payment of child benefit.