Introduction Details of the Schedule Family tie
79.Paragraph 32 specifies that P is considered to have a family tie for a tax year if P has a relevant relationship with another person in that tax year and that other person is someone who is resident in the UK in that tax year. P will have a relevant relationship with another person if that other person is P’s husband or wife or civil partner (so long as they are not separated) or someone P is living together with in that manner. P also has a family tie for a tax year if P has a child under age 18 who is UK resident in that tax year, unless P sees that child on no more than 60 days in that tax year, or the part of that tax year before the child reaches the age of 18.
80.Paragraph 33 sets out special rules for establishing whether, for the purposes of paragraph 32 only, a person with whom P has a relevant relationship is UK resident for a tax year. Sub-paragraph (2) of paragraph 33 provides that, in working out whether that other person is resident for the purposes of determining whether P has a family tie, their own family tie to P is to be disregarded. Sub-paragraphs (3) to (6) of paragraph 33 provide that a child of P’s under the age of 18 who is UK resident is to be treated as non-resident if they are in full-time education in the UK and would not be UK resident if the time spent in full-time education were to be disregarded. This test will only apply if the child spends fewer than 21 days in the tax year in the UK outside term-time. Half-term breaks and other breaks during a term are treated as term-time.