Legislation – Finance (No. 2) Act 2023

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Part 1Income tax, corporation tax and capital gains tax

Foster carers etc

28Qualifying care relief: increase in individual’s limit

(1)

Chapter 2 of Part 7 of ITTOIA 2005 (qualifying care relief) is amended as follows.

(2)

In section 808 (the individual’s limit)—

(a)

in subsection (2), for “£10,000” substitute “£18,140”, and

(b)

omit subsection (3) (which confers a power to amend that amount).

(3)

In section 811 (the amount per adult or child)—

(a)

in subsection (1A) (weekly amount for adult), for “£250” substitute “£450”,

(b)

in subsection (2)(a) (weekly amount for children under 11 years old), for “£200” substitute “£375”,

(c)

in subsection (2)(b) (weekly amount for older children), for “£250” substitute “£450”, and

(d)

omit subsection (3) (which confers a power to amend those amounts).

(4)

After section 828 insert—

“828AIndexation of the fixed amount and the amount per adult and child

(1)

This section provides for increases in the amounts specified in—

(a)

section 808(2) (the fixed amount), and

(b)

section 811(1A) and (2)(a) and (b) (the amount per adult or child),

if the consumer prices index for the September before the start of a tax year is higher than it was for the previous September.

(2)

The amount specified in section 808(2) for the tax year is found as follows—

Step 1: multiply the amount for the previous tax year by the same percentage as the percentage increase in the consumer prices index.

Step 2: if the result of Step 1 is a multiple of £10, it is the increase for the tax year.

If the result of Step 1 is not a multiple of £10, round it up to the nearest amount which is a multiple of £10 and that amount is the increase for the tax year.

Step 3: add the increase for the tax year to the amount for the previous tax year and the result is the amount for the tax year.

(3)

The amounts specified in section 811(1A) and (2)(a) and (b) for the tax year are found as follows—

Step 1: multiply the amount for the previous tax year by the same percentage as the percentage increase in the consumer prices index.

Step 2: if the result of Step 1 is a multiple of £5, it is the increase for the tax year.

If the result of Step 1 is not a multiple of £5, round it up to the nearest amount which is a multiple of £5 and that amount is the increase for the tax year.

Step 3: add the increase for the tax year to the amount for the previous tax year and the result is the amount for the tax year.

(4)

Before the start of the tax year the Treasury must make an order replacing the amounts specified in the provisions listed in subsection (1) with the amounts which, as a result of this section, are the amounts for the tax year.

(5)

In this section “consumer prices index” means the all items consumer prices index published by the Statistics Board.”

(5)

In section 873(3) (orders made by Treasury etc not subject to negative resolution procedure), after paragraph (c) (but before the “or” at the end) insert—

“(ca)

section 828A (qualifying care relief: indexation of amounts),”.

(6)

The amendments made by this section have effect for the tax year 2023-24 and subsequent tax years.