Finance (No.2) Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Finance (No.2) Bill

Finance (No.2) Bill
Part 5 — Final provisions
19

27
Asbestos compensation settlements
Schedule 14 contains provision about the taxation of settlements the purpose
of which is to make compensation payments to or in respect of individuals
affected by an asbestos-related condition.
Part 5
5
Final provisions
32 Interpretation
33 Short title

20
Finance (No.2) Bill
Schedule 1 — Shared lives care

Schedules
Schedule 1
Section 1

Shared lives care
Extension of foster-care relief
1
Chapter 2 of Part 7 of ITTOIA 2005 (foster-care relief) is amended as follows.
5
2     (1)
Section 803 (overview of Chapter 2) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
This Chapter provides relief on income from the provision by an
individual of qualifying care.

The relief is referred to in this Chapter as “qualifying care relief”.”
10
      (3)
In subsections (2) and (5), for “foster-care” substitute “qualifying care”.
3     (1)
Section 804 (person who qualifies for relief) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
An individual qualifies for qualifying care relief for a tax year if the
individual—
15
(a)
has qualifying care receipts for the tax year (see section 805),
and
(b)
does not derive any taxable income, other than qualifying
care receipts, from a relevant trade or arrangement.”
      (3)
In subsection (3), for “foster-care” substitute “qualifying care”.
20
      (4)
After that subsection insert—
“(4)
Subsection (1) is subject to section 804A.”
4
After section 804 insert—
“804A
Shared lives care: further condition for relief
(1)
This section applies if an individual (“N”) has qualifying care
25
receipts for a tax year in respect of the provision of shared lives care.
(2)
N does not qualify for qualifying care relief in respect of those
receipts if the placement cap is exceeded for the residence (or any of
the residences) used by N to provide the care from which those
receipts are derived.
30
(3)
The placement cap is exceeded for a residence if, at any given time
during the relevant period, shared lives care is being provided there
(whether by N or anyone else) for more than 3 people in total.

Finance (No.2) Bill
Schedule 1 — Shared lives care
21

(4)
The relevant period, in relation to a residence, is the period for which
the residence is N’s only or main residence during the income period
for the receipts (see section 805).
(5)
If the placement cap is so exceeded but N also has qualifying care
receipts for the tax year in respect of the provision of foster care, this
5
Chapter is to apply to N for the tax year as if—
(a)
references to qualifying care were to foster care, and
(b)
accordingly, references (other than in this section) to
qualifying care receipts did not include receipts in respect of
the provision of shared lives care.
10
(6)
In determining the number of people for whom shared lives care is
being provided at any given time, brothers and sisters (including
half-brothers and half-sisters) count as one person.”
5     (1)
In section 805(1) (meaning of “foster-care receipts”)—
(a)
for “foster-care” substitute “qualifying care”, and
15
(b)
in paragraph (a), for “foster care” substitute “qualifying care”.
      (2)
Accordingly, in the heading of section 805, for “foster-care” substitute
“qualifying care”.
6
After section 805 insert—
“805A
Meaning of providing qualifying care
20
For the purposes of this Chapter qualifying care is provided if an
individual (alone or in partnership) provides—
(a)
foster care but not shared lives care,
(b)
shared lives care but not foster care, or
(c)
both foster care and shared lives care.”
25
7
After section 806 insert—
“806A
Meaning of providing shared lives care
(1)
For the purposes of this Chapter shared lives care is provided by an
individual if—
(a)
the individual provides accommodation and care for an adult
30
or child (“X”) who has been placed with the individual, and
(b)
the conditions in subsection (2) are met.
(2)
The conditions are—
(a)
the accommodation is in the individual’s own home,
(b)
the accommodation and care are provided on the basis that X
35
will share the individual’s home and daily family life during
the placement,
(c)
the placement is made under a specified social care scheme,
(d)
the individual does not provide the accommodation and care
as a foster carer, and
40
(e)
the individual is not excluded within the meaning of section
806(5).
(3)
Section 806(5) has effect for the purposes of subsection (2)(e) as if
references to the child were to X (whatever X’s age).

Finance (No.2) Bill
Schedule 1 — Shared lives care
22

(4)
“Specified social care scheme” means a social care scheme of a kind
specified or described in an order made by the Treasury.
(5)
An order under subsection (4) may make provision having effect in
relation to the tax year current on the day on which the order is
made.
5
(6)
In this section—
“care” means personal care, including assistance and support;
“home” means an individual’s only or main residence;
“social care scheme” means a scheme, service or arrangement
for those who, by reason of age, illness, disability or other
10
vulnerability, are in need of care.
806B
Meaning of “residence”
(1)
In this Chapter “residence” means—
(a)
a building, or part of a building, occupied or intended to be
occupied as a separate residence, or
15
(b)
a caravan or houseboat.
(2)
If a building, or part of a building, designed for permanent use as a
single residence is temporarily divided into two or more separate
residences, it is still treated as a single residence.”
8     (1)
In section 807 (calculation of “total foster-care receipts”), for “foster-care”
20
substitute “qualifying care”.
      (2)
Accordingly, in the heading of that section, for “foster-care” substitute
“qualifying care”.
9
In section 808(1)(b) (the individual’s limit), before “child” insert “adult or”.
10
For section 809 substitute—
25
“809
Share of fixed amount: residence used by more than one carer
“(1)
This section applies if in a tax year—
(a)
the residence used to provide the qualifying care from which
an individual’s qualifying care receipts for the tax year are
derived is also used by another individual to provide
30
qualifying care, and
(b)
the other individual also has qualifying care receipts for the
tax year.
(2)
Each individual’s share of the fixed amount for the tax year is the
fixed amount divided by the total number of individuals who—
35
(a)
use the residence in the tax year to provide qualifying care,
and
(b)
have qualifying care receipts for the tax year.”
11
In section 810(1) (share of fixed income: income period not a year), for
“foster-care” substitute “qualifying care”.
40
12    (1)
Section 811 (the amount per child) is amended as follows.

Finance (No.2) Bill
Schedule 1 — Shared lives care
23

      (2)
For subsection (1) substitute—
“(1)
An individual’s amount per adult or child for a tax year is found by
multiplying—
(a)
the number of weeks during the income period for the tax
year in which the individual provides qualifying care for the
5
adult or child, by
(b)
the weekly amount for the adult or child.
(1A)
The weekly amount for an adult is £250.”
      (3)
In subsection (3), for “subsection (2)” substitute “subsection (1A) or (2)”.
      (4)
In subsection (4), for “foster care for a child” substitute “qualifying care for
10
an adult or child”.
      (5)
Accordingly, in the heading, before “child” insert “adult or”.
13
For section 812 substitute—
“812
Full qualifying care relief: introduction
Sections 813 and 814 (which give the full form of qualifying care
15
relief) apply if—
(a)
an individual qualifies for qualifying care relief for a tax year,
(b)
the individual’s total qualifying care receipts for the tax year
do not exceed the individual’s limit for the tax year, and
(c)
sections 822 and 823 do not apply (accounting date for trade
20
not 5 April).”
14    (1)
In section 813(1) (full foster-care relief: trading income), for “foster-care”
substitute “qualifying care”.
      (2)
Accordingly, in the heading of section 813, for “foster-care” substitute
“qualifying care”.
25
15    (1)
In section 814(1) (full foster-care relief: income chargeable under Chapter 8
of Part 5), for “foster-care” substitute “qualifying care”.
      (2)
Accordingly, in the heading of section 814, for “foster-care” substitute
“qualifying care”.
16
In section 815(a) and (b) (alternative calculation of profits: introduction), for
30
“foster-care” substitute “qualifying care”.
17
In section 816(1) and (2)(a) (alternative calculation of profits: trading
income), for “foster-care” substitute “qualifying care”.
18
In section 817(1) and (2)(a) (alternative calculation of profits: income
chargeable under Chapter 8 of Part 5), for “foster-care” substitute
35
“qualifying care”.
19
In section 818(1)(a) and (b) (election for alternative method of calculating
profits), for “foster-care” substitute “qualifying care”.
20
In section 819(1)(b) (adjustment of assessment), for “foster care” substitute
“qualifying care”.
40
21
In section 820(a) and (b) (periods of account not ending on 5th April), for
“foster-care” substitute “qualifying care”.

Finance (No.2) Bill
Schedule 1 — Shared lives care
24

22    (1)
Section 821 (meaning of “relevant limit”) is amended as follows.
      (2)
In subsection (1)—
(a)
for “foster-care” substitute “qualifying care”, and
(b)
in paragraph (b), before “child” insert “adult or”.
      (3)
In subsection (2), before “child”, in both places where it occurs, insert “adult
5
or”.
23
In section 822(1) (full relief), for “foster-care” substitute “qualifying care”.
24
In section 823(1)(a) and (2)(a) (alternative method of calculating profits), for
“foster-care” substitute “qualifying care”.
25
In section 824(1)(a) and (2)(b) (capital allowances: introduction), for “foster-
10
care” substitute “qualifying care”.
26
In section 825(2) and (4)(a) (carried forward unrelieved qualifying
expenditure), for “foster care” substitute “qualifying care”.
27
In section 826(b) (excluded capital expenditure), for “foster care” substitute
“qualifying care”.
15
28
In section 827(a) (excluded capital expenditure: subsequent treatment of
asset), for “foster care” substitute “qualifying care”.
29
Accordingly, for the heading of Chapter 2 of Part 7 of ITTOIA 2005
substitute “qualifying care relief”.
Consequential amendments
20
30
ITTOIA 2005 is amended as follows.
31
In section 1(5) (overview of Act), for “foster-care” substitute “qualifying
care”.
32    (1)
In section 23 (rent-a-room and foster-care relief)—
(a)
in subsection (3), for “foster-care” substitute “qualifying care”, and
25
(b)
in subsection (4), for “foster care” substitute “qualifying care”.
      (2)
Accordingly—
(a)
in the heading of that section, for “foster-care” substitute
“qualifying care”, and
(b)
in the heading immediately preceding that section, for “foster-care”
30
substitute “qualifying care”.
33
In section 688(2)(b) (income charged), for “foster care” substitute “qualifying
care”.
34
In the heading of Part 7, for “FOSTER-CARE” substitute “QUALIFYING
CARE”.
35
35
In the table in Part 2 of Schedule 4 (index of expressions defined in this Act
etc)—
(a)
omit the entries for “foster-care receipts” and “foster-care relief”,
(b)
after the entry for “provides foster care” insert—

“provides qualifying care (in Chapter 2 of
section 805A

40

Part 7)

Finance (No.2) Bill
Schedule 1 — Shared lives care
25

provides shared lives care (in Chapter 2 of
section 806A”,

Part 7)

(c)
after the entry for “purchased life annuity” insert—

“qualifying care receipts (in Chapter 2 of
section 805

Part 7)

5

qualifying care relief (in Chapter 2 of Part 7)
section 803(1)”,

(d)
after the entry for “residence” insert—

“residence (in Chapter 2 of Part 7)
section 806B”,


and
(e)
in the entry for “total foster-care receipts”, for “foster-care” substitute
10
“qualifying care”.
Commencement
36    (1)
The amendments made by this Schedule have effect for the tax year 2010-11
and subsequent tax years.
      (2)
But an individual within sub-paragraph (3) may elect to be treated for
15
income tax purposes as if those amendments had effect instead for the tax
year 2011-12 and subsequent tax years (and accordingly to remain entitled,
for the tax year 2010-11, to the benefit of any relevant concession so far as
applicable to the individual).
      (3)
An individual is within this sub-paragraph if the individual has qualifying
20
care receipts for the tax year 2010-11 in respect of the provision of shared
lives care (with or without qualifying care receipts in respect of the provision
of foster care).
      (4)
A relevant concession is an existing HMRC concession (within the meaning
of section 160 of FA 2008)—
25
(a)
which is in force immediately before the passing of this Act, and
(b)
to which effect is given (in whole or in part) by this Schedule.
      (5)
An election under sub-paragraph (2) must be made on or before the first
anniversary of the normal self-assessment filing date for the tax year 2010-11
(or such later date as an officer of Revenue and Customs may, in a particular
30
case, allow).
Transitional provision
37    (1)
This paragraph applies if—
(a)
an individual had qualifying care receipts in respect of the provision
of shared lives care—
35
(i)
for the pre-commencement tax year, or
(ii)
for a continuous series of tax years up to and including the
pre-commencement tax year,
(b)
the receipts were receipts of a trade,