Finance (No. 3) Act 2010

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Finance (No. 3) Act 2010

An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.

[16 th December 2010]

Most Gracious Sovereign

WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Income tax, corporation tax and capital gains tax

Income tax and corporation tax

1 Shared lives care

Schedule 1 contains provision extending foster-care relief to other forms of care.

2 Payments to special guardians and those in receipt of residence orders

(1) Part 6 of ITTOIA 2005 (exempt income) is amended as follows.

(2) In section 744 (payments to adopters: England and Wales)—

(a) the existing provision becomes subsection (1) ,

(b) in that subsection, omit the “and” before paragraph (e) and after that paragraph insert—

“(f) payments made under regulations under section 14 F of the Children Act 1989 (special guardianship support services) to a person appointed as a child’s special guardian,

(g) payments made to a person under section 17 of that Act (provision of services for children in need, their families and others) by reason of that person being a person in whose favour a residence order with respect to a child is in force,

(h) payments made to a person, in respect of a child, under paragraph 15 of Schedule 1 to that Act (local authority contribution to child’s maintenance to recipients in whose favour residence order is in force) , and

(i) payments made in accordance with—

(i) an order under that Schedule (orders for financial relief against parents etc) , or

(ii) a maintenance agreement,

for the benefit of a child, to a person appointed as the child’s special guardian or a person in whose favour a residence order with respect to the child is in force.”,

“(2) But a payment is not within subsection (1)(f) , (g) , (h) or (i) if—

(a) it is made to an excluded relative of the child,

(b) it is made to a person appointed as the child’s special guardian and an excluded relative is also appointed as the child’s special guardian, or

(c) it is made to a person in whose favour a residence order is in force with respect to the child and that order is also in favour of an excluded relative.

(3) In this section—

“excluded relative”, in relation to a child, means—

a parent of the child, or

a person who is, or has been, the husband or wife or civil partner of a parent of the child;

“maintenance agreement” has the meaning given by paragraph 10(1) of Schedule 1 to the Children Act 1989;

“residence order” has the meaning given by section 8 of that Act.”, and

(d) in the heading, after “adopters” insert “, etc”.

(3) In section 745 (payments to adopters: Scotland)—

(a) the existing provision becomes subsection (1) ,

(b) in that subsection, omit the “and” before paragraph (d) and after that paragraph insert—

“(e) payments made to a person under section 50 of the Children Act 1975 , or section 22 of the Children (Scotland) Act 1995 , by reason of that person being a person with whom a child is to live by virtue of a residence order, and

(f) payments of aliment made—

(i) in accordance with an award of aliment under the Family Law (Scotland) Act 1985 , or

(ii) under an agreement (within the meaning of section 7(5) of that Act) ,

for the benefit of a child, to a person in whose favour a residence order with respect to the child is in force.”,

“(2) A payment is not within subsection (1)(e) or (f) if—

(a) it is made to an excluded relative of the child, or

(b) it is made to a person in whose favour a residence order is in force with respect to the child and that order is also in favour of an excluded relative.

(3) In this section—

“excluded relative”, in relation to a child, means—

a parent of the child, or

a person who is, or has been, the husband or wife or civil partner of a parent of the child;

“residence order” has the meaning given by section 11(2)(c) of the Children (Scotland) Act 1995.”, and

(d) in the heading, after “adopters” insert “, etc”.

(4) In secti...

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