SOCIAL SECURITY Citation and interpretation 1 1 This Order may be cited as the Tax Credits Act 2002 (Commencement No. 2) Order 2003. 2 In this Order “ the Act ” means the Tax Credits Act 2002. Commencement of certain provisions of the Act 2 Subject to article 3 (savings), the following provisions of the Act come into force on the dates and for the purposes mentioned in relation to each provision: Provision Date Purposes Part 2 of the Act (child benefit and guardian’s allowance) including Schedule 4 but excluding sections 49, 50 and 54(1) and (2) 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance Part 2 of the Act including Schedule 4 but excluding section 54(1) and (2) 1st April 2003 Transfer of functions etc. relating to child benefit and guardian’s allowance, other than functions of making subordinate legislation, and minor amendments Part 2 of the Act including Schedule 4 but excluding sections 54(1) and (2) 7th April 2003 Entitlement to payment of child benefit and guardian’s allowance Section 58 (administrative arrangements) 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance Section 59 and Schedule 5 (use and disclosure of information) 26th February 2003 Making subordinate legislation relating to the use and disclosure of information in connection with child benefit and guardian’s allowance Section 59 and Schedule 5 1st April 2003 Use and disclosure of information relating to child benefit and guardian’s allowance Section 60 and Schedule 6 so far as concerns section 145(5) of the Social Security Contributions and Benefits Act 1992 and section 141(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (rate of child benefit) 1st April 2003 Repeal of power of Secretary of State and Department for Social Development in Northern Ireland to make regulations prescribing rate of child benefit Section 60 and Schedule 6 so far as concerns the words “of Part 1 or 6 of this Act” in paragraph (a) of section 175(1A) of the Social Security Contributions and Benefits Act 1992 and paragraph (b) of section 175(1A) of that Act and the word “and” before it (regulations, orders and schemes) and, in section 172 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Assembly, etc. control of regulations and orders), the words “or 141” in subsection (2)(a) and the words “(other than section 141)” in subsection (3)(c) 1st April 2003 Repeals consequential on repeal of power of Secretary of State and Department for Social Development in Northern Ireland to make regulations prescribing the rate of child benefit Section 60 and Schedule 6 so far as concerns paragraph 4 of Schedule 9 to the Social Security Contributions and Benefits Act 1992 and paragraph 4 of Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (exclusions from entitlement to child benefit – persons exempt from tax) 7th April 2003 Repeal of exclusion from entitlement to child benefit by reason of exemption from tax Section 60 and Schedule 6 so far as concerns section 154(2)(b) and (c) of the Social Security Administration Act 1992 (c. 5) and section 134 (2)(b) and (c) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (social security benefit in respect of children) 1st April 2003 Repeal of regulatory power to reduce amount of guardian’s allowance or increase for child dependants where there is an increase in the rate of child benefit Section 60 and Schedule 6 so far as concerns the word “other” in section 189(1) of the Social Security Administration Act 1992 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance Savings 3 1 Notwithstanding the commencement of section 56 of the Act (presence in the United Kingdom) by virtue of article 2 on 26th February 2003 for the purposes of making subordinate legislation relating to child benefit, the Child Benefit (Residence and Persons Abroad) Regulations 1976 and the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976 shall continue to have effect as follows. 2 Except as provided in paragraphs (3) and (4), both those Regulations shall continue to have effect up to and including 6th April 2003. 3 Regulation 7 of both those Regulations shall continue to apply to persons referred to in sub-paragraph (c) of regulation 6(1) of both those Regulations and, to the extent applicable to that sub-paragraph, persons referred to in sub-paragraphs (d) and (e) of that regulation, whose absence begins before 7th April 2003 and continues on and after that date until— a the absence ceases, or b 2nd April 2006, whichever first occurs. 4 Regulation 9 of, and the Schedule to, both those Regulations (modification of the Child Benefit Act 1975 and the Child Benefit (Northern Ireland) Order 1975 to take account of reciprocal agreements relating to family allowances) shall continue to have effect indefinitely. Philip Woolas Nick Ainger Two of the Lords Commissioners of Her Majesty’s Treasury 24th February 2003