type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1 1 These regulations may be cited as the Social Security (Guardian's Allowances) Regulations 1975 and shall come into operation on 6th April 1975. 2 In these regulations, unless the context otherwise requires, “ the Act ” means the Social Security Act 1975; “ the determining authority ” means, as the case may require, an insurance officer, a local tribunal or a Commissioner by whom the relevant question falls to be determined under Part III of the Act; and other expressions have the same meaning as in the Act. 3 Any reference in these regulations to any provision made by or contained in an enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification. 4 The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
Adopted children
2 Where a child has been adopted in pursuance of an Order made in the United Kingdom, the Channel Islands or the Isle of Man or by an overseas adoption within the meaning of section 4 of the Adoption Act 1968 , section 38(2) of the Act (circumstances in which guardian's allowance may be payable) shall be modified so as to have effect: a in the case of a child adopted by two spouses jointly, as if the references to a child's parents were references to those spouses; b in the case of a child adopted by one person only, as if the following circumstances were substituted for those in that subsection, namely that that person is dead.
Illegitimate children
3 1 Where a child (other than one to whom regulation 2 above applies) is illegitimate and: a a person has been found by a court of competent jurisdiction to be the father of the child, or b there is no such finding but in the opinion of the determining authority the paternity of the child has been admitted or established, section 38(2) of the Act shall be modified so as to have effect as if the mother and father of the child were the child's parents within the meaning of that subsection. 2 In the case of any illegitimate child (other than one to whom regulation 2 above or paragraph (1) of this regulation applies) the said section 38(2) shall be modified so as to have effect as if the following circumstance were substituted for those in that subsection, namely that the mother of the child is dead.
Children of divorced persons, etc.
4 1 Where the marriage of a child's parents was terminated by divorce and where at the death of one of the parents the child was not in the custody of, or being maintained by, the other parent and there was no order of a court granting custody of the child to that other parent or imposing any liability on him for the child's maintenance, then section 38(2) of the Act shall be modified so as to have effect as if the circumstances in paragraph (a) were that one of the child's parents were dead and paragraphs (b) and (c) did not apply. 2 In the case of a child to whom regulation 2(a) above applies paragraph (1) of this regulation shall have effect as if the child's parents were the spouses who adopted him. 3 For the purposes of this regulation, a voidable marriage which has been annulled, whether before or after the date when this regulation comes into force, shall be treated as if it had been a valid marriage which was terminated by divorce at the date of the annulment.
Children whose surviving parents are in prison or legal custody
5 1 Subject to the following provisions of this regulation, the circumstances in which a person is to be treated for the purposes of section 38(2)(c) of the Act as being in prison are that he is serving a sentence of imprisonment of not less than 5 years or of imprisonment for life, or is in legal custody as a person sentenced or ordered to be kept in custody during Her Majesty's pleasure or until the directions of Her Majesty are known. 2 For the purpose only of calculating the period of 5 years referred to in paragraph (1), (4) or (9) of this regulation: a no account shall be taken of any period of the sentence served before the death of the deceased parent; b no account shall be taken of any reduction in the period of the sentence by virtue of any enactment providing for it to be treated as reduced in respect of any period of custody before sentence; c any continuous period (other than a period before the death of the deceased parent) immediately preceding the imposition of the sentence, being a period throughout which the offender was in custody and not serving a sentence of imprisonment, shall be aggregated with the sentence; d consecutive sentences shall be aggregated, so however that there shall be excluded from aggregation with a later sentence such period (if any) of an earlier sentence not being a sentence of 5 years or more) as was served before the imposition of the later sentence; so however that nothing in this paragraph shall be construed so as to permit payment of guardian's allowance in respect of any period before the date of sentence. 3 Subject to the provisions of the next following paragraph, a person shall be treated as not having ceased to be serving such a sentence or to be in such custody as is referred to in paragraph (1) of this regulation if he is transferred to a hospital or is temporarily released or is unlawfully at large. 4 A person shall be treated as having ceased to be serving such a sentence or to be in such custody as is referred to in paragraph (1) of this regulation if: a he is released on licence or the remainder of his sentence is remitted or his sentence is reduced on appeal to a term of less than 5 years, or his conviction is quashed on appeal; or b he is at any time after the commencement of his sentence not in prison and there has expired a period which, measured from the date on which he was last in prison, is equal to the length of his sentence which on that date remained to be served; so however that if he thereafter returns to prison to resume service of the sentence he shall be treated as serving a sentence of the length which remains to be served at the date of his return. 5 In determining whether for the purpose of any right to guardian's allowance by virtue of the provisions of this regulation a child is to be treated as a child of the claimant's family, no account shall be taken of any contributions made by the surviving parent towards the cost of providing for that child. 6 Where a surviving parent contributes towards the cost of providing for his child, the weekly rate of any guardian's allowance payable by virtue of the provisions of this regulation shall be reduced by an amount equal to the rate of that contribution for the calendar week ending last before the week for which the allowance is payable. 7 For the purposes of paragraph (6) of this regulation: a if the surviving parent normally so contributes at the weekly rate specified in relation to guardian's allowance in Part III of Schedule 4 to the Act, he shall be treated as continuously so contributing at that rate notwithstanding that for occasional weeks he does not so contribute at that rate or at all; b the provisions of section 18(2) of the Family Allowances Act 1965 (rules as to what is and what is not to be treated as a contribution) shall apply as they apply for the purposes of that Act. 8 A surviving parent to whom paragraph (1) of this regulation applies shall, on notice being given of his liability by the Secretary of State, pay to the National Insurance Fund an amount equal to the guardian's allowance paid by virtue of this regulation in respect of a child of that parent. 9 In relation to a surviving parent outside Great Britain, this regulation shall apply, subject to the necessary modifications, only where he is serving a sentence of imprisonment of not less than 5 years or of imprisonment for life.
Residence condition
6 1 For the purposes of section 38(3) of the Act (no entitlement to guardian's allowance in respect of a child unless the prescribed conditions are satisfied) the prescribed conditions shall be that at the relevant time one at least of the child's parents is, or was immediately before his death: a a British subject whose place of birth is in the United Kingdom; or b a British subject or a British protected person, who had been present in Great Britain (or when not so present been a member of the forces or a merchant seaman) for at least 52 weeks in aggregate out of any period of 2 years after he had attained the age of 16; or c a person who had been present in Great Britain (or when not so present had been a member of the forces or a merchant seaman) for at least 156 weeks in the aggregate out of any period of 4 years after he had attained the age of 16. 2 For the purposes of this regulation: a “ the relevant time ” means the date of death of the parent (or other person) whose death gives rise to the claim for guardian's allowance; b “ a British protected person ” means a British protected person within the meaning of the British Nationality Act 1948 ; and c “a member of the forces” and “a merchant seaman” have the meanings assigned to them by regulation 1 of the Family Allowances (Qualifications) Regulations 1969 , as amended . 3 Section 38(3) of the Act shall be modified so as to have the effect that: a in the case of a child to whom regulation 2 above applies, a person who adopted the child must satisfy a condition set out in paragraph (1) of this regulation (and the natural parents need not do so); b in the case of an illegitimate child (other than one to whom sub-paragraph (a) of this paragraph applies) a condition set out in paragraph (1) of this regulation must be satisfied by the child's mother except that in a case to which regulation 3(1) above applies, it may be satisfied by either his mother or father.
Transitional provisions
7 1 Where guardian's allowance under the National Insurance Act 1965 is payable to any person for a period which has not been completed before 6th April 1975, he shall be entitled, without making a claim for it, to a guardian's allowance under the Social Security Act 1975 for such part of that period as falls on or after 6th April 1975 as if it had been awarded to him under that Act. 2 In a case where the death of the parent giving rise to the claim occurred before 6th April 1975, the conditions in regulation 6 above shall be deemed to have been satisfied if any person by whom they are to be satisfied in relation to the child in question was an insured person under the National Insurance Act 1965. Barbara Castle
Secretary of State for Social Services 25th March 1975


text:
Citation, commencement and interpretation
1 1 These regulations may be cited as the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 and shall come into operation on 4th April 1977. 2 In these regulations, unless the context otherwise requires — “ the Act ” means the Child Benefit Act 1975; “ the Social Security Act ” means the Social Security Act 1975 ; “ the General Regulations ” means the Child Benefit (General) Regulations 1976 , and other expressions have the same meaning as in the Act. 3 References in these regulations to any condition being satisfied or any facts existing in a week shall be construed as references to the condition being satisfied or the facts existing at the beginning of that week. 4 Unless the context otherwise requires, any reference in these regulations to any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification. 5 The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
Weekly rates of child benefit
2 1 Subject to paragraphs (2) and (3) of this regulation and regulation 20 of the General Regulations (transitional provision relating to apprentices in respect of whom a family allowance was payable under the Family Allowances Act 1965 ), the weekly rate of child benefit payable in respect of a child shall be — a in a case where in any week that child is the only, elder or eldest child in respect of whom a person is entitled to child benefit, £1.00; and b in any other case, £1.50. 2 In a case where in any week a person — a is entitled to child benefit in respect of a child of whom he is a parent, being a child for whom he is treated as responsible under section 3(1)(a) of the Act (person to be treated as responsible for a child in any week if he has the child living with him in that week); and b either has no spouse or is not residing with his spouse; and c is not living with any other person as his spouse, the weekly rate of child benefit payable in respect of that child, or, if that child is not the only, elder or eldest child in respect of whom that person is entitled to child benefit, the elder or eldest child in respect of whom that person is so entitled, shall, subject to the conditions mentioned in paragraph (4) of this regulation, be increased by £0.50. 3 In a case where in any week, by virtue of the provisions of regulation 17 of the General Regulations, the person entitled to child benefit in respect of a child is a voluntary organisation, the weekly rate of child benefit payable in respect of that child shall be £1.00. 4 Where — a throughout any week a person is entitled to an allowance or to an increase of a benefit, pension or allowance such as is referred to in paragraph (5) of this regulation as a “specified benefit”, paragraph (2) of this regulation shall not apply to the only, elder or eldest child in respect of whom that person is entitled to child benefit for that week; and b for any week the only, elder or eldest child in respect of whom a person is entitled to child benefit is a child in respect of whom that benefit is payable at the weekly rate of £1.50 by virtue of the provisions of paragraph (1) or (2) of regulation 20 of the General Regulations, paragraph (2) of this regulation shall not apply to that child; and c for any week a person has been paid an increase in the weekly rate of child benefit in respect of a child pursuant to the said paragraph (2) and that week is one throughout which that person subsequently becomes entitled to such an allowance or increase as is referred to in sub-paragraph (a) of this paragraph, the increase in the weekly rate of child benefit paid to that person in respect of that child for that week shall be treated as paid on account of any such allowance or increase payable in respect of that week. 5 A specified benefit is — a under the Social Security Act — i child's special allowance under section 31, guardian's allowance under section 38 or an allowance under section 70 in respect of children of deceased's family; ii an increase in respect of a child of widow's allowance, widowed mother's allowance or Category A, B or C retirement pension under section 41, of invalid care allowance under section 49, of benefit corresponding to widowed mother's allowance provided for by regulations made under section 39(4), or of disablement pension under section 64(1)(b); b under the Industrial Injuries and Diseases (Old Cases) Act 1975 , an increase in respect of a child of such an allowance as is referred to in section 7 (nature and amount of benefit under industrial diseases benefit schemes); c an allowance for a child granted in respect of the death of a person due to service or war injury — i under powers conferred by or under the Ministry of Pensions Act 1916 , the Air Force (Constitution) Act 1917 , the Personal Injuries (Emergency Provisions) Act 1939 , the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 , the Polish Resettlement Act 1947 , the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969 ; or ii under any scheme made under the Injuries in War Compensation Act 1914 or the Injuries in War Compensation Act 1914 (Session 2) or any War Risk Compensation Scheme for the Mercantile Marine; or iii which the Secretary of State accepts as being analogous to an allowance for a child granted in respect of the death of a person due to service or war injury under any of the provisions referred to in (i) or (ii) above.
Reduction of weekly rates of benefits and increases of benefits under the Social Security Act in respect of children
3 With effect from 4th April 1977 the sum specified in the provisions mentioned in section 17(2) of the Act shall be reduced — a in the case of the sum specified in the second column of paragraph 10 of Part I of Schedule 4 to the Social Security Act (child's special allowance), by £1.00; b in the case of the sum specified in the second column of paragraph 4 of Part III of that Schedule (guardian's allowance) — i where a person is entitled to one such sum only, by £1.00; and ii where a person is entitled to more than one such sum, by £1.00 in the case of the elder or eldest child in respect of whom that person is entitled to guardian's allowance and by £1.50 in respect of any other child in respect of whom that person is so entitled; c in the case of a sum specified in column 2 of paragraphs 1 to 7 and 9 and 10 of Part IV of that Schedule (increase under Chapter III of Part II of the said Act of certain benefits for child dependants) — i where a person is entitled to an increase of the benefit, pension or allowance in question for one child only, by £1.00; and ii where a person is entitled to such an increase in respect of more than one child, by £1.00 in the case of the elder or eldest child and by £1.50 in the case of any other child; d in the case of the sum specified in column 2 of paragraph 8 of the said Part IV (increase of child's special allowance), by £1.50; e in the case of the sum specified in the second column of paragraph 9 of Part V of that Schedule (increase of injury benefit in respect of dependent children) — i where a person is entitled to one such sum only, by £1.00; and ii where a person is entitled to more than one such sum, by £1.00 in respect of the elder or eldest child in respect of whom that person is entitled to an increase of injury benefit and by £1.50 in respect of any other child in respect of whom that person is so entitled; f in the case of the sum specified in the second column of paragraph 10 of the said Part V (increase of disablement pension in respect of dependent children) — i where a person is entitled to one such sum only, by £1.00; and ii where a person is entitled to more than one such sum, by £1.00 in respect of the elder or eldest child in respect of whom that person is entitled to an increase of disablement pension and by £1.50 in respect of any other child in respect of whom that person is so entitled: g in the case of the sum specified in the second column of paragraph 15(a) of the said Part V (allowance in respect of children of deceased's family at higher rate) — i where a person is entitled to one such sum only, by £1.00; and ii where a person is entitled to more than one such sum, by £1.00 in respect of the elder or eldest child in respect of whom that person is entitled to that allowance and by £1.50 in respect of any other child in respect of whom that person is so entitled; h in the case of the sum specified in the second column of paragraph 15(b) of the said Part V (allowance in respect of children of deceased's family at lower rate) — i where a person is entitled to one such sum only, by £1.00; and ii where a person is entitled to more than one such sum, by £1.00 in respect of the elder or eldest child in respect of whom that person is entitled to that allowance and by £1.50 in respect of any other child in respect of whom that person is so entitled.
Transitional provisions for the purposes of regulation 2(2)
4 Where under section 16 of the Act (interim benefit for unmarried or separated parents with children) a person — a fell to be regarded as having a child of whom he was a parent living with him immediately before 4th April 1977; and b for a period ending immediately before that date was entitled to benefit under that section, then while without any break that person would for the purposes of that section continue to be regarded as having that child living with him he shall, for the purposes of regulation 2(2) of these regulations, be treated as responsible for that child as a person who has that child living with him. David Ennals,
Secretary of State for Social Services 2nd August 1976 T. Pendry, J. Dormand,
Two of the Lords Commissioners of Her Majesty's Treasury 3rd August 1976


text:
PART I
General
Citation, commencement and interpretation
1 1 These regulations may be cited as the Child Benefit (General) Regulations 1976 and shall come into operation on 8th August 1976. 2 In these regulations, unless the context otherwise requires — “ the Act ” means the Child Benefit Act 1975; “ the Social Security Act ” means the Social Security Act 1975 ; “ the Taxes Act ” means the Income and Corporation Taxes Act 1970 , “ benefit ” means child benefit under the Act; “ the Department ” means the Department of Health and Social Security; “ full-time education ” means full-time education by attendance at a recognised educational establishment, and other expressions have the same meanings as in the Act. 3 References in these regulations to any condition being satisfied or any facts existing in a week shall, unless they relate to paragraph 1 of Schedule 1 to the Act (children in detention, care etc. ) be construed as references to the condition being satisfied or the facts existing at the beginning of that week. 4 Unless the context otherwise requires, any reference in these regulations to — a a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number; b any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification. 5 The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
Special provisions as to contributions and expenditure in respect of a child
2 1 Where two or more persons are contributing to the cost of providing for the same child and the aggregate weekly amount of their contributions is, but the weekly amount of each of their individual contributions is not, of an amount not less than the weekly rate of child benefit which would be payable in respect of that child had the aggregate weekly amount of their contributions been contributed by one only of them, the aggregate weekly amount of their contributions shall be treated as having been made by that one of them as they shall by agreement nominate in writing or, in default of such agreement, by that one of them as the Secretary of State may, in his discretion, determine. 2 Where pursuant to a nomination or determination under paragraph (1) a person is awarded benefit in respect of a child, the nomination or determination shall cease to have effect in the week following that in which benefit was awarded to that person; and accordingly that person shall himself be required to satisfy the requirement in section 3(1)(b) of the Act, namely, that he is contributing to the cost of providing for the child at a weekly rate which is not less than the weekly rate of benefit payable in respect of the child. 3 Where spouses are residing together a contribution made or expenditure incurred by one of them in respect of a child shall if they so agree, or in default of such agreement if the Secretary of State in his discretion so determines, be treated as made or incurred by the other.
Child in residential accommodation in prescribed circumstances
3 The prescribed circumstances for the purposes of section 3(3)(c) of the Act (subject to section 3(4) of the Act a day of absence of a child from a person to be disregarded for the purposes of section 3(2) if it is due solely to the child's being, in prescribed circumstances, in residential accommodation pursuant to arrangements made under section 12 of the Health Services and Public Health Act 1968 or section 27(1) of the National Health Service (Scotland) Act 1947 ) are any circumstances in which a child is in residential accommodation pursuant to arrangements made under the said section 12 or the said section 27(1).
Days of absence to be disregarded in determining whether a child is living with a person
4 1 The prescribed number of days under section 3(4) of the Act (number of days that may be disregarded by virtue of section 3(3) (b) or (c) of the Act in the case of any child not to exceed such number as may be prescribed unless the person claiming to be responsible for the child regularly incurs expenditure in respect of him) is 84 consecutive days calculated in accordance with paragraph (2). 2 Two or more distinct relevant periods separated by one or more intervals each not exceeding 28 days, shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the latter or last of such periods. 3 In paragraph (2) “ relevant periods ” means periods to which section 3(3)(b) of the Act (day of absence of a child from a person due solely to the child's undergoing medical or other treatment as an in-patient in a hospital or similar institution to be disregarded in determining whether that child is living with that person) applies; also periods to which section 3(3)(c) of the Act (day of absence of a child from a person due solely to the child's being in residential accommodation pursuant to arrangements made under certain enactments to be disregarded in determining whether that child is living with that person) applies.
Circumstances in which a person is to be treated as receiving full-time education
5 A person shall be treated for the purposes of the Act as receiving full-time education if he is receiving — a primary or secondary education in England or Wales otherwise than at school under special arrangements made under section 56 of the Education Act 1944 ; or b education in Scotland elsewhere than at an educational establishment under special arrangements made under section 14 of the Education (Scotland) Act 1962 .
Interruption of full-time education
6 In determining for the purposes of section 2(1)(b) of the Act (persons aged 16 but under 19 who are to be treated as children) whether a person is receiving full-time education, no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as is accepted as being reasonable in the particular circumstances of the case.
Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to receive such education
7 A person who ceases to receive full-time education not before May of 1977 but before the week which contains the last Sunday in June of that year shall if — a he is under the age of 17 when he so ceases; and b he was not entitled to cease to attend school before the beginning of the 1977 summer term, be treated as continuing to receive full-time education until the week which includes that Sunday; and similarly with regard to the year 1978.
Employed trainees
8 1 Where but for the provisions of paragraph 2(1) of Schedule 1 to the Act (a person not to be entitled to benefit by virtue of section 2(1)(b) of the Act in respect of a child if the education in question is received by that child by virtue of his employment or of any office held by him) a person would be entitled to benefit in respect of a child, that child shall not for any week be treated as receiving education by virtue of his employment or of any office held by him if that week begins in what has been or is likely to be a continuous period of not less than 6 months in respect of which that child receives no financial support by virtue of his employment or any office held by him. 2 For the purposes of paragraph (1), any reimbursement of the cost of books, equipment, tuition, examination fees, travelling expenses and contributions under the Social Security Act is not to be treated as the receipt by the child of financial support.
Persons exempt from tax
9 1 For the purposes of paragraph 4 of Schedule 1 to the Act (except where regulations otherwise provide no person to be entitled to benefit in respect of a child if either that person or such other person as may be prescribed is exempt from tax under such provisions as may be prescribed) a person and, if that person is residing with his spouse, his spouse, shall not be entitled to benefit in respect of a child for any week in respect of which he or, where they are residing together, his spouse receives earnings or other emoluments which are exempted from United Kingdom income tax under — a section 367 or sections 372 to 374 of the Taxes Act (exemption from income tax etc. of visiting forces, staffs of allied headquarters and of Commonwealth and foreign representatives); b section 2 of, and Article 34 or 37 of Schedule 1 to, the Diplomatic Privileges Act 1964 , or section 1 of, and Article 49 or 66 of Schedule 1 to, the Consular Relations Act 1968 (exemption from income tax etc. of members of diplomatic missions and their staffs etc. and of certain consular officers etc.); c section 4 of the Arbitration (International Investment Disputes) Act 1966 (status, immunities and privileges conferred by the Convention on the settlement of investment disputes between States and nationals of other States); d an Order in Council, statutory notice, or regulations, made or given under, or continuing to have effect by virtue of, any of the following enactments — i the Bretton Woods Agreements Act 1945 , section 3 (status, immunities and privileges of the International Monetary Fund, the International Bank for Reconstruction and Development and governors, executive directors, alternates, officers and employees of the Fund and Bank); ii the Taxes Act, section 497 (relief from double taxation); iii the Consular Relations Act 1968, section 3(1) (additional privileges and immunities accorded as a result of agreement) and section 12 (privileges and immunities in connection with Commonwealth and Irish establishments); iv the International Finance Corporation Act 1955 , section 3 (status, immunities and privileges of the International Finance Corporation, its governors, directors, alternates, officers and employees); v the International Development Association Act 1960 , section 3 (status, immunities and privileges of the Association, its governors, directors, alternates, officers and employees); vi the Diplomatic Privileges Act 1964, section 2(6) (certain privileges and immunities admitted by, or certain additional privileges and immunities granted by, the receiving State); vii the International Organisations Act 1968 , sections 1, 2, 5 and 6 and 12(5) and paragraphs 9, 15, 21 and 23 of Schedule 1 (privileges and immunities of certain international organisations and their officers etc.); viii the European Communities Act 1972 , section 2(2) (giving effect to inter alia the Protocol on the Privileges and Immunities of the European Communities — Articles 12 to 15, 20 and 21). 2 A person shall not be disentitled to benefit by virtue of the provisions of paragraph (1) for any week beginning within an income tax year if in relation to the immediately preceding income tax year that person proves that the amount of his earnings or other emoluments exempted from United Kingdom income tax under any of the provisions referred to in paragraph (1) was less than his total income as defined in section 528 of the Taxes Act; and where in the said immediately preceding income tax year that person was married to and residing with the spouse (if any) referred to in paragraph (1), this paragraph shall have effect as if for references to that person's earnings or other emoluments and total income there were substituted references to the aggregate of the earnings or other emoluments and total income of that person and his said spouse. 3 For the purposes of this regulation, “ income tax year ” means the 12 months beginning with 6th April in any year.
Married child
10 A person shall not be disentitled to benefit in respect of a married child by virtue of paragraph 3 of Schedule 1 to the Act (unless regulations otherwise provide no person to be entitled to benefit in respect of a married child) if — a that person is not the spouse of that child; and b that child either is not residing with his spouse or, if he is, the spouse is receiving full-time education.
Circumstances in which persons are not to be treated as having ceased to reside together
11 1 Subject to paragraph (2) and regulation 21, where a person is married he and his spouse shall not be treated as having ceased to reside together by reason of any absence the one from the other which is not likely to be permanent; and if in the week in which benefit is claimed spouses — a are not separated under an order of a court of competent jurisdiction or deed of separation; or b have not been absent the one from the other for at least 91 consecutive days, their absence the one from the other shall be regarded as not likely to be permanent before either the requirement in sub-paragraph (a) above or the requirement in sub-paragraph (b) above is satisfied. 2 Spouses shall not be treated as having ceased to reside together by reason only of the fact that either of them is, or they both are, undergoing medical or other treatment as an in-patient in a hospital or similar institution. 3 Where two persons are parents of a child but not husband and wife, they shall not be treated as having ceased to reside together by reason of any temporary absence the one from the other.
Polygamous marriages
12 1 A polygamous marriage shall, for the purposes of Part I of the Act and any regulations thereunder, be treated as having the same consequences as a monogamous marriage for any day, but only for any day, throughout which the polygamous marriage is in fact monogamous. 2 In paragraph (1) — a “ polygamous marriage ” means a marriage celebrated under a law which, as it applies to the particular ceremony and to the parties thereto, permits polygamy; b “ monogamous marriage ” means a marriage celebrated under a law which does not permit polygamy; c a polygamous marriage is referred to as being in fact monogamous when neither party to it has any spouse additional to the other; and d the day on which a polygamous marriage is contracted, or on which it terminates for any reason, shall be treated as a day throughout which that marriage was in fact monogamous if at all times on that day after it was contracted, or as the case may be, before it terminated, it was in fact monogamous.
Prescribed manner of making an election under Schedule 2 to the Act
13 1 An election under Schedule 2 to the Act (any election under that Schedule to be made in the prescribed manner) shall be made by giving notice in writing to the Secretary of State at an office of the Department on a form approved by the Secretary of State or in such other manner being in writing as he may accept as sufficient in the circumstances of any particular case or class of cases. 2 An election shall not be effective to confer entitlement to benefit in respect of a child for any week earlier than the week following that in which it is made if the earlier week is one in respect of which benefit has been paid in respect of that child and has not been required to be repaid or voluntarily repaid or recovered. 3 Any election as above may be superseded by another subsequent election made in accordance with the foregoing provisions of this regulation.
Modification of priority provisions in Schedule 2 to the Act
14 1 Where a person has claimed benefit in respect of a child in respect of whom he would be entitled to benefit but for the fact that under the provisions of Schedule 2 to the Act (priority between persons entitled) some other person is entitled to benefit in respect of that child in priority to him, if that other person gives the Secretary of State notice in writing at an office of the Department that he does not wish to have priority of title to benefit in respect of that child the provisions of the said Schedule 2 shall, subject to paragraph (2), have effect with the modification that that other person does not have such priority. 2 A notice under paragraph (1) shall — a subject to sub-paragraph (b) below, have effect unless and until the said other person, subsequent to the giving of the notice, makes a further claim to benefit in respect of the said child; but b not be effective as respects any week in respect of which benefit in respect of the said child is paid to the said other person or to a person on his behalf.
Set-off of benefit against arrears of non-contributory invalidity pension and of non-contributory invalidity pension against arrears of benefit
15 1 Benefit paid shall, unless it is required to be repaid, be treated as properly paid for any period for which it is not in fact payable in cases where, in consequence of a subsequent decision under the Social Security Act, the person in respect of whom it was paid is entitled to a non-contributory invalidity pension under that Act for that period; and any arrears payable by virtue of the subsequent decision for that period shall be reduced by the amount of the benefit treated as properly paid or, if that amount is equal to or greater than any such arrears, withheld. 2 Non-contributory invalidity pension paid to a person which it is subsequently decided was not payable shall, unless it is required to be repaid, be treated as properly paid for any period for which it is not in fact payable in cases where, in consequence of a subsequent decision under the Act, another person is entitled to benefit in respect of the first mentioned person for that period; and any arrears payable by virtue of that subsequent decision for that period shall be reduced by the amount of the pension treated as properly paid or, if that amount is equal to or greater than any such arrears, withheld.
Children in detention, care etc.
16 1 For the purposes of paragraph 1 of Schedule 1 to the Act (exclusion from entitlement to benefit in respect of children in detention, care etc.) section 24(2) of the Act (subject to any provision made by regulations, references in the Act to any condition being satisfied or any facts existing in a week to be construed as references to the condition being satisfied or the facts existing at the beginning of that week) shall have effect as if for the words “at the beginning of that week” there were substituted the words “
throughout any day in that week
” . 2 For the purposes of paragraph 1(a) of the said Schedule (child undergoing imprisonment or detention in legal custody) a child shall not be regarded as undergoing imprisonment or detention in legal custody in any week unless in connection with a charge brought or intended to be brought against him in criminal proceedings at the conclusion of those proceedings or, in the case of default of payment of a sum adjudged to be paid on conviction, in respect of such default, a court imposes a penalty upon him; and for those purposes — a “ court ” means any court in the United Kingdom, the Channel Islands or the Isle of Man; and b ‘penalty’ means, in the case of any court in Great Britain — i a sentence of imprisonment or borstal training; ii a sentence of detention under section 53 of the Children and Young Persons Act 1933 or section 206 of the Criminal Procedure (Scotland) Act 1975 ; or iii an order for detention in a remand centre, a detention centre or a young offenders institution, or made under or by virtue of section 198, 406 or 413 of the said Act of 1975, and in the case of any court not in Great Britain, any comparable sentence or order. 3 The said paragraph (l)(a) shall not apply to a child in respect of any week in which that child is liable to be detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless, subsequent to the imposition of a penalty — a he has undergone detention in a prison, a detention centre, a borstal institution, a young offenders institution or, if not in Great Britain, any comparable place; b he was removed to the hospital or similar institution while still liable to be detained as a result of the said penalty and, in the case of a person who is liable to be detained in the hospital or similar institution by virtue of any provisions of the Mental Health Act 1959 or the Mental Health (Scotland) Act 1960 , a direction restricting his discharge has been given under either of those Acts and is still in force, and in this paragraph — i “ hospital or similar institution ” means a place (not being a prison, a detention centre, a borstal institution, a young offenders institution, a remand centre or, if not in Great Britain, any comparable place and not being at or in any such place) in which persons suffering from mental disorder are or may be received for care or treatment; ii “ mental disorder ” shall be construed as including references to any mental disorder within the meaning of the said Act of 1959 or the said Act of 1960; and iii a person who is liable to be detained by virtue of any provision of the said Act of 1959 or the said Act of 1960 shall be treated as if a direction restricting his discharge had been given under those Acts if he is to be so treated for the purposes of either of them. 4 Where, as respects a child in relation to whom each of the conditions specified in paragraph (3)(a) and (b) is satisfied, a certificate given by or on behalf of the Secretary of State for the Home Department or the Secretary of State for Scotland and furnished to the Secretary of State for Social Services shows the earliest date on which that child would have been expected to be discharged from detention pursuant to the said penalty if he had not been transferred to a hospital or similar institution, the said conditions shall be deemed not to be satisfied in relation to that child as from the day next following that date. 5 For the purposes of paragraph 1(c) of Schedule 1 to the Act (child in care of a local authority in such circumstances as may be prescribed) the prescribed circumstances are that the child is — a received into care under section 1 of the Children Act 1948 or section 15 of the Social Work (Scotland) Act 1968 or pursuant to a resolution under section 16A(1) of the said Act of 1968 or under section 61(1) of the Children Act 1975 ; b in the care of a local authority pursuant to the making of a supervision requirement to which section 44(1)(a) of the Social Work (Scotland) Act 1968 applies and is boarded out by that authority in the home of any person in accordance with the provisions of the Boarding-Out of Children (Scotland) Regulations 1959 ; c committed to the care of a local authority in pursuance of an order made or deemed to be made under the Children and Young Persons Act 1969 ; d committed to the care of a local authority under a care order made under — i section 2(1)(e) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ; or ii section 7(2) of the Family Law Reform Act 1969 ; or iii section 43 of the Matrimonial Causes Act 1973 ; or iv section 2(2) or 11(1) of the Guardianship Act 1973 ; or v sections 17(1)(A) or 36(2) or (3)(a) of the Children Act 1975; or e committed to the care of a local authority pursuant to an order of a court made under section 10(1) of the Matrimonial Proceedings (Children) Act 1958 . 6 A person, shall not be disentitled to benefit in respect of a child for any week by virtue of the fact that sub-paragraph (a), (b) or (c) of paragraph 1 of Schedule 1 to the Act (except where regulations otherwise provide no person to be entitled to benefit in respect of a child for any week if in that week the child is in detention, care etc.) applies to that child — a unless that week is the 9th or a subsequent week in a series of consecutive weeks in which any of those sub-paragraphs have applied to that child; or b notwithstanding that that week is the 9th or a subsequent week in a series of consecutive weeks in which any of those sub-paragraphs have applied to that child, if — i that week is one throughout which that person has had the child living with him; or ii that week is one during which that person has had the child living with him throughout at least one day, being a day which immediately follows or precedes a week throughout which that person has had the child living with him; or iii as at that week that person establishes that he is a person with whom the child, while the said sub-paragraph (a), (b) or (c) applies to him, ordinarily lives throughout at least one day in each week. 7 For the purposes of paragraph (6), a person shall not be regarded as having a child living with him throughout any day or week unless he actually has that child living with him throughout that day or week. 8 For any week in which a child is boarded out by a local authority in the home of any person in accordance with the provisions of the Boarding-Out of Children Regulations 1955 or the Boarding-Out of Children (Scotland) Regulations 1959, paragraph (6) shall not apply to that person in relation to that child.
Right to benefit of voluntary organisations
17 1 Subject to the following provisions of this regulation, a voluntary organisation shall for the purposes of benefit be regarded as a person with whom a child is living, and the only person with whom that child is living, for any week in which that child is — a living in premises which are provided or managed by the voluntary organisation, being premises which are required to be registered with a Government Department or local authority or which are otherwise regulated under or by virtue of any enactment relating to England and Wales or Scotland; or b boarded out by the voluntary organisation in the home of any person in accordance with the provisions of the Boarding-Out of Children Regulations 1955 or the Boarding-Out of Children (Scotland) Regulations 1959. 2 A voluntary organisation shall not be regarded as a person with whom a child is living in any week unless in that week the child is actually living with the voluntary organisation in accordance with the provisions of paragraph (1); so however that a voluntary organisation shall not be regarded as having ceased to have a child living with it by reason only of any temporary absence of that child which — a if the child is undergoing medical or other treatment as an in-patient in a hospital, does not last for more than 84 days; or b if the child is temporarily absent for any other reason, does not last for more than 56 days. 3 In calculating for the purposes of paragraph (2)(a) whether a child has been temporarily absent for not more than 84 days, two or more distinct periods of temporary absence separated by one or more intervals each not exceeding 28 days shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the latter or last of such periods. 4 A voluntary organisation shall not be regarded as a person with whom a child is living in any week if in that week — a that child is in residential accommodation pursuant to arrangements made under section 12 of the Health Services and Public Health Act 1968 or section 27(1) of the National Health Service (Scotland) Act 1947 ; or b paragraph 1 of Schedule 1 to the Act (exclusion from entitlement to benefit in respect of children in detention, care etc.) applies to that child. 5 Where immediately before the week in which paragraph (1) applies to a child that child was living with a person who was then entitled to benefit in respect of it, the said paragraph (1) shall, while under section 3(2) of the Act that child would be treated as continuing to live with that person, have effect in relation to that person as if the words “and the only person with whom that child is living” were omitted. 6 Section 3(1)(6) of the Act (person to be treated as responsible for a child in any week if he is contributing to the cost of providing for the child at a weekly rate not less than the weekly rate of benefit payable in respect of the child for that week) and regulation 16(6) shall not apply to a voluntary organisation.
PART II
Transitional Provisions
Definitions for the purposes of Part II of these Regulations
18 In this Part of these Regulations, “ the Act of 1965 ” means the Family Allowances Act 1965 and “ family allowance ” means an allowance under the Act of 1965.
Transitional modification of section 11 of the Family Allowances Act 1965 and of regulations 12 and 13 of the Family Allowances (Qualifications) Regulations 1969
19 Section 11 of the Act of 1965 (child not to be treated as included in any family in certain circumstances) except subsections (6) and (8) of that section shall not apply to a child for any period which does not begin before 1st February 1977; and in a case where the absence of a child from a person does not begin before that date and is by reason of the fact that the child, whether residing in a residential establishment or boarded out under the Children Act 1948 or the Social Work (Scotland) Act 1968 or otherwise, has been kept in the care of a local authority under the said Act of 1948 or the said Act of 1968, regulations 12 and 13 of the Family Allowances (Qualifications) Regulations 1969 (rules for determining, inter alia , whether the absence of a child from a parent or a person other than a parent is temporary) shall have effect in relation to such an absence as if references in them to 4 weeks were references to 8 weeks.
Transitional provisions relating to apprentices under the Act of 1965
20 1 Where immediately before the appointed day a family allowance is payable in respect of a person aged 16 but under the age of 19 as being an apprentice within the meaning of the Act of 1965, then notwithstanding that that person does not satisfy the requirement in section 2(1)(b) of the Act that he is receiving full-time education, he shall be treated as satisfying that requirement while he continues without a break to be an apprentice within the meaning of the Act of 1965; so however that the weekly rate of benefit payable in respect of him shall be the weekly rate at which family allowance was payable in respect of him immediately before the appointed day. 2 Where in respect of a period ending immediately before the appointed day a person is entitled to a family allowance and the elder or eldest child included in the family of that person for the purposes of the Act of 1965 is an apprentice within the meaning of that Act, then for any period beginning with that day throughout which — a that child continues to be an apprentice within the meaning of the Act of 1965; and b that person would be entitled to benefit in respect of that child if that child satisfied the requirement in section 2(\)(b) of the Act that he is receiving full-time education, benefit to which that person may be entitled in respect of a younger child in respect of whom he was entitled to a family allowance immediately before that day shall be payable at the weekly rate appropriate to a child who is not the only, elder or eldest child in respect of whom a person is entitled to benefit.
Transitional provisions relating to circumstances in which spouses are to be treated as residing otherwise than together
21 1 Where immediately before the appointed day a married person is entitled to a family allowance and for the purposes of the Act of 1965 he then fell to be regarded as living otherwise than together with his spouse, while he and that spouse would continue without a break to be regarded as living otherwise than together for the purposes of the Act of 1965 they shall be treated as residing otherwise than together for the purposes of benefit. 2 Where for the purposes of section 16 of the Act (interim benefit for unmarried or separated parents with children) a person who was married — a fell to be regarded as not residing with his spouse immediately before the appointed day; and b was entitled to benefit under that section for a period ending immediately before that day, then while without any break that person would continue to be regarded as not residing with his spouse for the purposes of that section he shall be treated as not residing with his spouse for the purposes of benefit.
Transitional provision relating to calculation of contributions and expenditure in respect of a child
22 Where in connection with benefit a question arises whether in relation to the week beginning with the appointed day a person is — a contributing to the cost of providing for a child at a weekly rate which is not less than the weekly rate of benefit payable in respect of the child for that week; or b regularly incurring expenditure in respect of a child, and in determining that question account falls to be taken of contributions made or expenditure incurred by that person before the appointed day, that person shall be treated as having been so contributing or as so regularly incurring expenditure before the appointed day if immediately before that day — i he could be treated as satisfying in respect of the child the maintenance requirements in paragraph 1 of the Schedule to the Act of 1965; or ii that child was, or could have been, treated as included in his family for the purposes of the Act of 1965. David Ennals,
Secretary of State for Social Services 18th June 1976