Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 and come into force on 6th April 2017. Universal Credit – availability of the child element where maximum exceeded 2 1 The Universal Credit Regulations 2013 are amended as follows. 2 In regulation 2 (interpretation) insert at the appropriate place— “step-parent”, in relation to a child or qualifying young person (“A”), means a person who is not A’s parent but— is a member of a couple, the other member of which is a parent of A, where both are responsible for A; or was previously a member of a couple, the other member of which was a parent of A, where immediately prior to ceasing to be a member of that couple the person was, and has since continued to be, responsible for A. 3 After regulation 24 (the child element) insert— — Availability of the child element where maximum exceeded 24A 1 Where a claimant is responsible for more than two children or qualifying young persons, the amount mentioned in section 10(1) of the Act is to be available in respect of— a the first and second children or qualifying young persons in the claimant’s household; and b the third and any subsequent child or qualifying young person in the claimant’s household if— i the child or qualifying young person is transitionally protected; or ii an exception applies in relation to that child or qualifying young person. 2 A reference in paragraph (1) to a child or qualifying young person being the first, second, third or subsequent child or qualifying young person in the claimant’s household is a reference to the position of that child or qualifying young person in the order determined in accordance with regulation 24B. 3 A child or qualifying young person is transitionally protected in the circumstances set out in regulation 40 of the Universal Credit (Transitional Provisions) Regulations 2014 . 4 An exception applies in relation to a child or qualifying young person in the circumstances set out in Schedule 12. — Order of children and qualifying young persons 24B 1 Subject to paragraph (2), the order of children or qualifying young persons in a claimant’s household is to be determined by reference to the following date in relation to each child or qualifying young person for whom the claimant is responsible (“A”), taking the earliest date first— a where the claimant, or if the claimant is a member of a couple, the other member, is A’s parent or step-parent (in either case, other than by adoption), A’s date of birth; or b in any other case, the date on which the claimant became responsible for A (or in the case of joint claimants where each of them became responsible for A on a different date, the earlier date). 2 In a case where— a the date in relation to two or more children or qualifying young persons for whom the claimant is responsible (as determined under paragraph (1)) is the same date; or b a claimant gave birth to a child less than 10 months after becoming responsible for a child or qualifying young person to whom paragraph 4 of Schedule 12 (exception for non-parental caring arrangements) applies, the order of those children or qualifying young persons (as between themselves only) in the claimant’s household is the order determined by the Secretary of State that ensures that the amount mentioned in section 10(1) of the Act is available in respect of the greatest number of children or qualifying young persons. 3 In this regulation and Schedule 12, “claimant” means a single claimant or either of joint claimants. 4 After Schedule 11 (application of ESA or JSA sanctions to universal credit) insert— SCHEDULE 12 Availability of the child element where maximum exceeded - exceptions Regulation 24A(4) Introduction 1 This Schedule provides for cases where, for the purposes of regulation 24A, an exception applies in relation to a child or qualifying young person for whom a claimant is responsible (“A”). Multiple births 2 An exception applies where— a the claimant is a parent (other than an adoptive parent) of A; b A was one of two or more children born as a result of the same pregnancy; c the claimant is responsible for at least two of the children or qualifying young persons born as a result of that pregnancy; and d A is not the first in the order of those children or qualifying young persons as determined under regulation 24B. Adoptions 3 An exception applies where A has been placed for adoption with, or adopted by, the claimant in accordance with the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007 , but not where— a the claimant (or, if the claimant is a member of a couple, the other member)— i was a step-parent of A immediately prior to the adoption; or ii has been a parent of A (other than by adoption) at any time; b the adoption order made in respect of A was made as a Convention adoption order (as defined, in England and Wales, in section 144 of the Adoption and Children Act 2002 and in Scotland, in section 119(1) of the Adoption and Children Scotland Act 2007); or c prior to that adoption, A had been adopted by the claimant (or, if the claimant is a member of a couple, the other member) under the law of any country or territory outside the British Islands. Non-parental caring arrangements 4 1 An exception applies where the claimant— a is a friend or family carer in relation to A; or b is responsible for a child who is a parent of A. 2 In this paragraph, “friend or family carer” means a person who is responsible for A, but is not (or, if that person is a member of a couple, neither member is) A’s parent or step-parent and— a is named in a child arrangements order under section 8 of the Children Act 1989 , that is in force with respect to A, as a person with whom A is to live; b is a special guardian of A appointed under section 14A of that Act ; c is entitled to a guardian’s allowance under section 77 of the Contributions and Benefits Act in respect of A; d in whose favour a kinship care order, as defined in section 72(1) of the Children and Young People (Scotland) Act 2014 , subsists in relation to A; e is a guardian of A appointed under section 5 of the Children Act 1989 or section 7 of the Children (Scotland) Act 1995 ; f in whom one or more of the parental responsibilities or parental rights respectively described in section 1 and 2 of the Children (Scotland) Act 1995 are vested by a permanence order made in respect of A under section 80 of the Adoption and Children (Scotland) Act 2007 ; g fell within any of paragraphs (a) to (f) immediately prior to A’s 16th birthday and has since continued to be responsible for A; or h has undertaken the care of A in circumstances in which it is likely that A would otherwise be looked after by a local authority. Non-consensual conception 5 1 An exception applies where— a the claimant (“C”) is A’s parent; and b the Secretary of State determines that— i A is likely to have been conceived as a result of sexual intercourse to which C did not agree by choice, or did not have the freedom and capacity to agree by choice; and ii C is not living at the same address as the other party to that intercourse (“B”). 2 The circumstances in which C is to be treated as not having the freedom or capacity to agree by choice to the sexual intercourse are to include (but are not limited to) circumstances in which, at or around the time A was conceived— a B was personally connected to C; b B was repeatedly or continuously engaging in behaviour towards C that was controlling or coercive; and c that behaviour had a serious effect on C. 3 The Secretary of State may make the determination in sub-paragraph (1)(b)(i) only if— a C provides evidence from an approved person which demonstrates that— i C had contact with that approved person or another approved person; and ii C’s circumstances are consistent with those of a person to whom sub-paragraphs (1)(a) and (1)(b)(i) apply; or b there has been— i a conviction for— aa an offence of rape under section 1 of the Sexual Offences Act 2003 or section 1 of the Sexual Offences (Scotland) Act 2009 ; bb an offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the Serious Crime Act 2015 ; or cc an offence under the law of a country outside Great Britain that the Secretary of State considers to be analogous to the offence mentioned in sub-paragraph (aa) or (bb) above; or ii an award under the Criminal Injuries Compensation Scheme in respect of a relevant criminal injury sustained by C, where it appears likely to the Secretary of State that the offence was committed, or the criminal injury was caused, by B and resulted in the conception of A or diminished C’s freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception. 4 The Secretary of State may make the determination in sub-paragraph (1)(b)(ii) where the only available evidence is confirmation by C that that sub-paragraph applies. 5 For the purposes of sub-paragraph (2)(a), B was personally connected to C if, at or around the time A was conceived— a they were in an intimate personal relationship with each other; or b they were living together and— i were members of the same family; or ii had previously been in an intimate personal relationship with each other. 6 For the purposes of sub-paragraph (2)(c), B’s behaviour had a serious effect on C if— a it caused C to fear, on at least two occasions, that violence would be used against C; or b it caused C serious alarm or distress which had a substantial adverse effect on C’s day-to-day activities. 7 In sub-paragraph (3)— “approved person” means a person of a description specified on a list approved by the Secretary of State for the purposes of sub-paragraph (3)(a) and acting in their capacity as such; “Criminal Injuries Compensation Scheme” means the Criminal Injuries Compensation Scheme under the Criminal Injuries Compensation Act 1995 ; and “relevant criminal injury” means— a sexual offence (including a pregnancy sustained as a direct result of being the victim of a sexual offence); physical abuse of an adult, including domestic abuse; or mental injury, as described in the tariff of injuries in the Criminal Injuries Compensation Scheme. 8 For the purposes of sub-paragraph (5)(b)(i), B and C were members of the same family if, at or around the time A was conceived— a they were, or had been, married to each other; b they were, or had been, civil partners of each other; c they were relatives (within the meaning given by section 63(1) of the Family Law Act 1996 ); d they had agreed to marry each other, whether or not the agreement had been terminated; e they had entered into a civil partnership agreement (within the meaning given by section 73 of the Civil Partnership Act 2004 ), whether or not the agreement had been terminated; f they were both parents of the same child; or g they had, or had had, parental responsibility (within the meaning given in regulation 4A(2)) for the same child. Continuation of existing exception in a subsequent award 6 An exception applies where— a the claimant (“C”) is A’s step-parent; b none of the exceptions under paragraphs 2 to 5 above apply; c C has previously been entitled to an award of universal credit as a member of a couple jointly with a parent of A, in which an exception under paragraph 2, 3 or 5 above applied in relation to A; d since that award terminated, each award of universal credit to which C has been entitled has been made— i as a consequence of a previous award having ended when C ceased to be a member of a couple or became a member of a couple; or ii in any other circumstances in which the assessment periods for that award begin on the same day of each month as the assessment periods for a previous award under regulation 21 (assessment periods); and e where, in the award mentioned in sub-paragraph (c), an exception under paragraph 2 above applied in relation to A— i C is responsible for one or more other children or qualifying young persons born as a result of the same pregnancy as A; and ii A is not the first in the order of those children or qualifying young persons as determined under regulation 24B (order of children and qualifying young persons). . Universal Credit - transitional arrangements regarding restrictions on availability of the child element 3 1 The Universal Credit (Transitional Provisions) Regulations 2014 are amended as follows. 2 In regulation 2 (interpretation) insert at the appropriate place— “qualifying young person” has the same meaning as in the Universal Credit Regulations, but see also regulation 28; . 3 After regulation 38 (loss of benefit penalties: reduction of universal credit) insert— PART 3 ARRANGEMENTS REGARDING CHANGES TO THE CHILD ELEMENT FROM APRIL 2017 Restriction on claims for universal credit during the interim period 39 1 During the interim period, no claim may be made for universal credit by a person who is responsible for more than two children or qualifying young persons, unless it is— a a claim to which regulation 21(3C) of the Universal Credit Regulations (new claim within 6 months of a previous award terminating) applies; or b a claim made by a single person within one month of an award of universal credit terminating because that person ceased to be a member of a couple. 2 For the purposes of this regulation and regulation 40, the interim period is the period beginning with 6th April 2017 and ending with 31st October 2018, but may be extended by the Secretary of State if the Secretary of State considers it necessary to do so in order to protect the efficient administration of universal credit. Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons 40 1 A child or qualifying young person for whom the claimant is responsible (“A”) is transitionally protected for the purposes of regulation 24A of the Universal Credit Regulations (availability of the child element where maximum exceeded) in the following circumstances. 2 For the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period begins or that falls wholly within the interim period, the circumstances are that— a A was born before 6th April 2017; and b there are at least two other children or qualifying young persons for whom the claimant (or either of joint claimants) is responsible who were born before 6th April 2017 and who precede A in the order determined by regulation 24B of the Universal Credit Regulations (order of children and qualifying young persons). 3 For the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period ends or that begins after the end of the interim period, the circumstances are that— a A was born before 6th April 2017; b the claimant (or either of joint claimants) meets the following condition in respect of A— i on the last day of the interim period, the claimant was entitled to an award of universal credit (or was in a period of non-entitlement between connected awards) and was responsible for A; or ii if paragraph (i) does not apply, within the 6 months immediately preceding the first day on which the claimant first became entitled to an award of universal credit after the interim period ended, the claimant was in receipt of an individual element of child tax credit for A or was entitled to an award of income support or old style JSA where an amount in respect of A was included in the applicable amount, and since the day mentioned in paragraph (i) or (ii) (whichever is applicable), the claimant has not ceased to be responsible for A or ceased to be entitled to universal credit (apart from a period of non-entitlement between connected awards); and c there are at least two other children or qualifying young persons born before 6th April 2017— i in respect of whom the claimant (or either of joint claimants) meets the condition in sub-paragraph (b); and ii who precede A in the order determined by regulation 24B of the Universal Credit Regulations. 4 In paragraph (3)(b) two awards are connected awards if the later award was made— a as a consequence of the earlier award having terminated when the claimant ceased to be a member of a couple or became a member of a couple; or b in any other circumstances in which the assessment periods for the later award begin on the same day of each month as the assessment periods for the earlier award under regulation 21 of the Universal Credit Regulations (assessment periods). Availability of the child element where maximum exceeded – continuation of exception from a previous award of child tax credit, income support or old style JSA 41 1 Where— a the claimant (“C”) is the step-parent of a child or qualifying young person (“A”); and b within the 6 months immediately preceding the first day on which C became entitled to an award of universal credit, C had an award of child tax credit, income support or old style JSA in which an exception corresponding with an exception under paragraph 2, 3, 5 or 6 of Schedule 12 to the Universal Credit Regulations applied in respect of A, paragraph 6 of that Schedule is to apply as if sub-paragraph (c) of that paragraph were satisfied, despite the fact that the previous award was not an award of universal credit. 2 In this regulation, “step-parent” has the same meaning as in the Universal Credit Regulations. Evidence for non-consensual conception where claimant previously had an award of child tax credit 42 1 This regulation applies for the purposes of paragraph 5 of Schedule 12 to the Universal Credit Regulations (exception for non-consensual conception). 2 The Secretary of State may treat the condition in sub-paragraph (3)(a) of that paragraph 5 as met if the Secretary of State is satisfied that the claimant has previously provided the evidence referred to in that sub-paragraph to the Commissioners for her Majesty’s Revenue and Customs for the purposes of the corresponding exception in relation to child tax credit. Abolition of higher amount of the child element for first child or qualifying young person – saving where claimant responsible for a child or qualifying young person born before 6th April 2017 43 Section 14(5)(b) of the Welfare Reform and Work Act 2016 (which amends the Universal Credit Regulations by omitting the amount of the child element payable for the first child or qualifying young person) does not apply where the claimant is responsible for a child or qualifying young person born before 6th April 2017. . Minor amendment consequential on restriction on claims for universal credit by persons with more than two children 4 In paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 , after “regulation 4” insert “, or by virtue of regulation 39,”. Restrictions on amounts for children and young persons – consequential changes to the Income Support (General) Regulations 1987 5 1 Subject to paragraph (2) where, in relation to an award of income support, an amount in respect of one or more children or young persons is included in the applicable amount because regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 do not have effect, no amount is to be included in respect of a child or young person who is born after 6th April 2017 if— a when that child or young person is born or (if later) becomes a member of the claimant’s family, there are two or more children or young persons in respect of whom an amount is already included in the claimant’s applicable amount; and b two or more of those children or young persons remain members of the claimant’s family. 2 Paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom an exception in Schedule 12 of the Universal Credit Regulations 2013 would apply the child element specified in regulation 24(1) of the Universal Credit Regulations 2013 would be payable if the claimant were entitled to an award of universal credit. 3 Where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant’s gross income for the purposes of regulation 40 of the Income Support (General) Regulations 1987 . 4 In this regulation— a “claimant” has the meaning prescribed in regulation 2(1) of the Income Support (General) Regulations 1987; b “young person” has the meaning prescribed in regulation 14 of the Income Support (General) Regulations 1987. Restrictions on amounts for children and young persons – consequential changes to the Jobseeker’s Allowance Regulations 1996 6 1 Subject to paragraph (2) where, in relation to an award of jobseeker’s allowance, an amount in respect of one or more children or young persons is included in the applicable amount because regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 do not have effect, no amount is to be included in respect of a child or young person who is born after 6th April 2017 if— a when that child or young person is born or (if later) becomes a member of the claimant’s family, there are two or more children or young persons in respect of whom an amount is already included in the claimant’s applicable amount; and b two or more of those children or young persons remain members of the claimant’s family. 2 Paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom the child element specified in regulation 24(1) of the Universal Credit Regulations 2013 would be payable if the claimant were entitled to an award of universal credit. 3 Where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant’s gross income for the purposes of regulation 103 of the Jobseeker’s Allowance Regulations 1996 . 4 In this regulation, “young person” has the meaning prescribed in regulation 76 of the Jobseeker’s Allowance Regulations 1996. Restrictions on amounts for children and young persons - consequential changes to housing benefit 7 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 22 (applicable amounts)— a the existing text becomes paragraph (1) and for sub-paragraph (b) (of that paragraph (1)) substitute— b an amount determined in accordance with paragraph 2 of Schedule 3 in respect of up to two individuals who are either children or young persons and who are members of his family; ; and b at the end insert— 2 For the purposes of paragraph (1)(b), as it applies apart from paragraph (4), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of Schedule 3, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 3 Paragraph (4) applies where— a (whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, and whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (4). 4 Where this paragraph applies, for paragraph (1)(b) substitute— b an amount determined in accordance with paragraph 2 of Schedule 3 in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5 In this regulation, “tax credit couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002 . . 3 In regulation 23 (polygamous marriages)— a the existing text becomes paragraph (1) and for sub-paragraph (c) (of that paragraph (1)) substitute — c an amount determined in accordance with paragraph 2 of Schedule 3 in respect of up to two individuals who are either children or young persons and for whom he or a partner of his is responsible and who are members of the same household; ; and b at the end insert— 2 For the purposes of paragraph (1)(c), as it applies apart from paragraph (4), where the claimant and his partners are between them responsible for more than two individuals who are either children or young persons and who are members of the same household, and, under paragraph 2 of Schedule 3, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 3 Paragraph (4) applies where— a (as part of a polygamous unit) the claimant has an award of child tax credit in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household, and whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(c) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(c) apart from paragraph (4). 4 Where this paragraph applies, for paragraph (1)(c) substitute— c an amount determined in accordance with paragraph 2 of Schedule 3 in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5 In this regulation, “polygamous unit” has the same meaning as in regulation 2 of the Tax Credits (Polygamous Marriages) Regulations 2003 . . 4 In paragraphs 1, 2(1), 4 and 30(4) of Schedule 3 (applicable amounts), after “22” and “23”, in each place where they occur, insert “(1)”. Restrictions on amounts for children and young persons - consequential changes to housing benefit for persons over state pension credit age 8 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 22 (applicable amounts)— a for sub-paragraph (b) of paragraph (1) substitute— b an amount determined in accordance with paragraph 2 of that Schedule in respect of up to two individuals who are either children or young persons and who are members of his family; ; and b at the end insert— 5A For the purposes of paragraph (1)(b), as it applies apart from paragraph (5C), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of that Schedule, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 5B Paragraph (5C) applies where— a (whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (5C) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (5C). 5C Where this paragraph applies, for paragraph (1)(b) substitute— b an amount determined in accordance with paragraph 2 of that Schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5D In this regulation, “tax credit couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002. . Housing Benefit – transitional provisions for restrictions on amounts for children and young persons 9 1 This regulation applies where, on 5th April 2017, a person is entitled to housing benefit and the person is, or the person and the person’s partner are between them, responsible for more than two individuals who are either children or young persons and who are members of the same household (each such individual is referred to as a “protected individual”). 2 Where this regulation applies, the amendments made by regulations 7 and 8 do not apply to the person entitled to housing benefit referred to in paragraph (1) until— a the person makes a new claim for housing benefit; or b the person or the person’s partner (if any) becomes responsible for a new individual, whichever is the first to occur. 3 Paragraphs (4) to (8) apply where— a the amendments made by regulations 7 and 8 apply by virtue of paragraph (2)(b); b the child tax credit provisions do not apply; and c the person has not made a new claim for housing benefit. 4 Notwithstanding the default provisions, a child amount shall be included in the applicable amount in relation to any protected individual, in relation to any time when the person or the person’s partner (if any) is responsible for the individual and the individual is a member of the same household. 5 Paragraph (6) applies where— a the person or the person’s partner (if any) is responsible for one or more protected individuals who are members of the same household; and b either of them is responsible for one or more new individuals who are members of the same household. 6 Where this paragraph applies, any protected individual for whom the person or the person’s partner is responsible is to be counted for the purpose of deciding whether, under the default provisions, an additional child amount is to be included in the applicable amount with respect to the new individual or individuals referred to in paragraph (5)(b). 7 Paragraph (8) applies where— a the number of protected individuals for whom either the person or the person’s partner (if any) is responsible, and who are members of the same household, is one; b the number of new individuals for whom either the person or the person’s partner is responsible, and who are members of the same household, is two or more; and c a different child amount would apply to different individuals. 8 Where this paragraph applies, the child amounts to be included in the applicable amount shall be— a the child amount in relation to the protected individual; and b a child amount in relation to such one of the new individuals as will result in the greatest possible total amount. 9 Under paragraph (3), for the purposes of determining whether the child tax credit provisions apply, by virtue of regulation 22(3) or 23(3) of the 2006 Regulations or regulation 22(5B) of the 2006 (SPC) Regulations , where the person or the person’s partner is responsible for one or more protected individuals, the total amount that would be included in the applicable amount under the default provisions shall be taken to be the total that would be included under paragraphs (4), (6) and (8). 10 For the purposes of this regulation— a “the 2006 Regulations” means the Housing Benefit Regulations 2006 and “the 2006 (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; b “applicable amount” has the same meaning as in section 135 of the Social Security Contributions and Benefits Act 1992 ; c “child”, “partner” and “young person” have the same meanings as in the 2006 Regulations; d “child amount” means the amount determined under whichever is relevant of paragraph 2 of Schedule 3 to the 2006 Regulations or paragraph 2 of Schedule 3 to the 2006 (SPC) Regulations; e “child tax credit provisions” means whichever is relevant of regulation 22(1)(b) or 23(1)(c) of the 2006 Regulations or regulation 22(1)(b) of the 2006 (SPC) Regulations, as substituted by regulation 22(4) or 23(4) of the 2006 Regulations or regulation 22(5C) of the 2006 (SPC) Regulations respectively; f “default provisions” means whichever is relevant of regulation 22(1)(b) or 23(1)(c) of the 2006 Regulations or regulation 22(1)(b) of the 2006 (SPC) Regulations, as they apply apart from regulation 22(4) or 23(4) of the 2006 Regulations or regulation 22(5C) of the 2006 (SPC) Regulations respectively; g “new individual” means a child or young person who is not a protected individual; h any reference to an individual being part of the same household means being part of the same household with the person who is entitled to housing benefit and the person’s partner (if any); i a person is to be treated as responsible for a child or young person in the circumstances set out in regulation 20 of the 2006 Regulations. Signed by authority of the Secretary of State for Work and Pensions Damien Hinds Minister of State Department for Work and Pension