Child Benefit Act 2005

• Citation: 2005 c. 6
• Sections: 59

Section 1 Persons for whom child benefit may be claimed: Great Britain

(1) In section 141 of the Social Security Contributions and Benefits Act 1992 (c. 4) (which provides that, subject to what follows, a person is entitled to child benefit in respect of each child for whom he is responsible)—

(a) after “one or more children” insert “ or qualifying young persons ” , and

(b) for “child or each of the children” substitute “ child or qualifying young person, or each of the children or qualifying young persons, ” .

(2) For section 142 of that Act (which defines as a child for the purposes of child benefit a person who is under 16, or is under 18 and not in full-time education but satisfies prescribed conditions, or is under 19 and in full-time education) substitute—

“Child” and “qualifying young person”

(142)

(1) For the purposes of this Part of this Act a person is a child if he has not attained the age of 16.

(2) In this Part of this Act “ qualifying young person ” means a person, other than a child, who —

(a) has not attained such age (greater than 16) as is prescribed by regulations made by the Treasury, and

(b) satisfies conditions so prescribed.

(3) Part 1 of Schedule 1 contains amendments consequential on this section.

Section 2 Persons for whom child benefit may be claimed: Northern Ireland

(1) In section 137 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), (which provides that, subject to what follows, a person is entitled to child benefit in respect of each child for whom he is responsible)—

(a) after “one or more children” insert “ or qualifying young persons ” , and

(b) for “child or each of the children” substitute “ child or qualifying young person, or each of the children or qualifying young persons, ” .

(2) For section 138 of that Act (which defines as a child for the purposes of child benefit a person who is under 16, or is under 18 and not in full-time education but satisfies prescribed conditions, or is under 19 and in full-time education) substitute—

“Child” and “qualifying young person”

(138)

(1) For the purposes of this Part of this Act a person is a child if he has not attained the age of 16.

(2) In this Part of this Act “ qualifying young person ” means a person, other than a child, who —

(a) has not attained such age (greater than 16) as is prescribed by regulations made by the Treasury, and

(b) satisfies conditions so prescribed.

(3) Part 2 of Schedule 1 contains amendments consequential on this section.

Section 3 Repeals

Schedule 2 contains—

(a) in Part 1, repeals of enactments extending to England and Wales and Scotland, and

(b) in Part 2, repeals of enactments extending to Northern Ireland.

Section 4 Financial provision

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

Section 5 Extent

(1) Section 1 (and Part 1 of Schedule 1) and section 3(a) (and Part 1 of Schedule 2) extend only to England and Wales and Scotland.

(2) Section 2 (and Part 2 of Schedule 1) and section 3(b) (and Part 2 of Schedule 2) extend only to Northern Ireland.

Section 6 Commencement

(1) Any power to make regulations conferred on the Treasury by virtue of this Act may be exercised at any time after the passing of this Act.

(2) But, subject to that, this Act does not come into force until 10th April 2006.

Section 7 Short title

This Act may be cited as the Child Benefit Act 2005.

Section 1

The Social Security Contributions and Benefits Act 1992 is amended as follows.

Section 2

(1) Section 37 (widowed mother's allowance) is amended as follows.

(2) In subsection (1)(a), after “a child” insert “ or qualifying young person ” .

(3) In subsection (2), after—

(a) “A child”,

(b) “the child”, in both places, and

(c) “a child”, in both places,

insert “ or qualifying young person ” .

Section 3

(1) Section 39A (widowed parent's allowance) is amended as follows.

(2) In subsection (2)(a), after “a child” insert “ or qualifying young person ” .

(3) In subsection (3), after—

(a) “A child”,

(b) “the child”, in both places, and

(c) “a child”, in both places,

insert “ or qualifying young person ” .

Section 4

(1) Section 77 (guardian's allowance) is amended as follows.

(2) In subsection (1), after—

(a) “a child”, and

(b) “that child”,

insert “ or qualifying young person ” .

(3) In subsection (2), for “child's parents”, in each place, substitute “ parents of the child or qualifying young person ” .

(4) In subsection (3)—

(a) after “child” insert “ or qualifying young person ” , and

(b) for “child's parent's” substitute “ parents of the child or qualifying young person ” .

(5) In subsection (4), after “child” insert “ or qualifying young person ” .

(6) In subsection (5), after “child”, in both places, insert “ or qualifying young person ” .

(7) In subsection (7), after “child” insert “ or qualifying young person ” .

(8) In subsection (8)—

(a) after “child”, in both places, insert “ or qualifying young person ” , and

(b) for “a child's parents” substitute “ the parents of a child or qualifying young person ” .

(9) In subsection (9), after “child” insert “ or qualifying young person ” .

(10) In subsection (10), after “child” insert “ or qualifying young person ” .

(11) In subsection (11), after “child”, in both places, insert “ or qualifying young person ” .

Section 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7

(1) Section 114 (persons maintaining dependants etc. ) is amended as follows.

(2) In subsection (1), after “child” insert “ or qualifying young person ” .

(3) In subsection (3), after “children” insert “ or qualifying young persons ” .

Section 8

(1) Section 122(1) (Parts 1 to 6: interpretation) is amended as follows.

(2) For the definition of “child” substitute—

“ child ” has the same meaning as in Part 9 of this Act;

(3) Insert at the appropriate place—

“ qualifying young person ” has the same meaning as in Part 9 of this Act;

Section 9

(1) Section 143 (child benefit: person responsible for child) is amended as follows.

(2) In subsection (1), after “child”, in each place except in the phrase “child benefit”, insert “ or qualifying young person ” .

(3) In subsection (2), after “child”, in both places, insert “ or qualifying young person ” .

(4) In subsection (3)—

(a) for “child's” substitute “ fact that the child or qualifying young person is ” ,

(b) in paragraph (a), for “full-time education by attendance at a recognised educational establishment” substitute “ education or training of a description prescribed by regulations made by the Treasury ” , and

(c) in paragraph (c), omit “being,”.

(5) In subsection (4)—

(a) after “any child” and “for the child” insert “ or qualifying young person ” , and

(b) for “of the child” substitute “ of him ” .

(6) In subsection (5), after “child”, in both places, insert “ or qualifying young person ” .

(7) In the heading, for “ child ” substitute “ child or qualifying young person ” .

Section 10

(1) Section 144 (child benefit: exclusions and priority) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “in other cases”.

(4) In subsection (3), after “same child” insert “ or qualifying young person ” .

Section 11

In section 145(2) (different rates of child benefit by reference to age of child), after “child” insert “ or qualifying young person ” .

Section 12

(1) Section 145A (entitlement to child benefit after death of child) is amended as follows.

(2) In subsection (1), after—

(a) “a child”, and

(b) “the child”,

insert “ or qualifying young person ” .

(3) In subsection (4), after “a child” insert “ or qualifying young person ” .

(4) In the heading, after “ child ” insert “ or qualifying young person ” .

Section 13

(1) Section 146 (child benefit: presence in Great Britain) is amended as follows.

(2) In subsection (1), after “a child” insert “ or qualifying young person ” .

(3) In subsection (3)—

(a) for “a child or other” substitute “ any ” , and

(b) for “this section” substitute “ subsection (1) or (2) above ” .

Section 14

(1) Section 147 (child benefit: interpretation and supplementary) is amended as follows.

(2) In subsection (1), omit the definition of “recognised educational establishment”.

(3) In subsection (3), after “child” insert “ or qualifying young person ” .

Section 15

(1) Part 5 of Schedule 4 (rates of industrial injuries benefits) is amended as follows.

(2) In paragraphs 1 and 4, in the second column, in paragraph (a), omit “child or adult”.

(3) In paragraph 12—

(a) in the first column, after “children” insert “ and qualifying young persons ” , and

(b) in the second column, for “qualifying child” substitute “ child or qualifying young person ” .

Section 16

(1) Schedule 7 (industrial injuries benefits) is amended as follows.

(2) In paragraph 4—

(a) in sub-paragraph (1), for “a child or children” substitute “ one or more children or qualifying young persons ” , and

(b) in sub-paragraph (4), after “child”, in both places, insert “ or qualifying young person ” ,

and in the heading before that paragraph, after “ children ” insert “ and qualifying young persons ” .

(3) In paragraph 5(1), after “child”, in each place, insert “ or qualifying young person ” .

(4) In paragraph 6(1)—

(a) after “nor a child” insert “ or qualifying young person ” , and

(b) for “a child or children” substitute “ one or more children or qualifying young persons ” .

(5) In paragraph 16(2)(a), after “children” insert “ or qualifying young persons ” .

(6) In paragraph 18—

(a) for “a child or children” substitute “ one or more children or qualifying young persons ” ,

(b) after “that child”, in each place, insert “ or qualifying young person ” , and

(c) after “those children”, in each place, insert “ or qualifying young persons ” ,

and in the heading before that paragraph, for “ Children of deceased's ” substitute “ Deceased's ” .

(7) In paragraph 19, after “child”, in each place, insert “ or qualifying young person ” ; and in the heading before that paragraph, after “ children ” insert “ and qualifying young persons ” .

Section 17

(1) Schedule 9 (exclusions from entitlement to child benefit) is amended as follows.

(2) In paragraph 1, after—

(a) “a child”, and

(b) “the child”,

insert “ or qualifying young person ” ; and, in the heading before it, after “ Children ” insert “ and qualifying young persons ” .

(3) Omit paragraph 2 (and the heading before it).

(4) In paragraph 3, after “a child” insert “ or qualifying young person ” ; and, in the heading before it, after “ Children ” insert “ and qualifying young persons ” .

Section 18

(1) Schedule 10 (priority between persons entitled to child benefit) is amended as follows.

(2) In paragraph 1(1), after—

(a) “a child”, and

(b) “that child”,

insert “ or qualifying young person ” .

(3) In the heading before paragraph 2, after “ child ” insert “ or qualifying young person ” .

(4) In paragraph 4, after “child”, in both places, insert “ or qualifying young person ” .

Section 19

The Social Security Administration Act 1992 is amended as follows.

Section 20

(1) Section 13 (necessity of application for child benefit) is amended as follows.

(2) In subsection (1C), after “children” insert “ or qualifying young persons ” .

(3) In subsection (2), after “same child” insert “ or qualifying young person ” .

Section 21

In section 73(2)(c) and (5)(c) (overlapping benefits), omit “child or adult”.

Section 22

In section 80 (child benefit: overlap with benefits under legislation of other member States), after “any child” insert “ or qualifying young person ” .

Section 23

In section 155(6) (effect of alteration of rates of benefit), after “child” insert “ or qualifying young person ” .

Section 24

In section 157(2) (effect of alteration of rates of child benefit), after “a child”, in both places, insert “ or qualifying young person ” .

Section 25

In section 158(1) (treatment of excess benefit as paid on account of child benefit), after—

(a) “a child”, and

(b) “of the child”, in both places,

insert “ or qualifying young person ” .

Section 26

In section 18(2) of the Social Security Act 1998 (regulations about decisions), after—

(a) “a child”, and

(b) “the child”,

insert “ or qualifying young person ” .

Section 27

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows.

Section 28

(1) Section 37 (widowed mother's allowance) is amended as follows.

(2) In subsection (1)(a), after “a child” insert “ or qualifying young person ” .

(3) In subsection (2), after—

(a) “A child”,

(b) “the child”, in both places, and

(c) “a child”, in both places,

insert “ or qualifying young person ” .

Section 29

(1) Section 39A (widowed parent's allowance) is amended as follows.

(2) In subsection (2)(a), after “a child” insert “ or qualifying young person ” .

(3) In subsection (3), after—

(a) “A child”,

(b) “the child”, in both places, and

(c) “a child”, in both places,

insert “ or qualifying young person ” .

Section 30

(1) Section 77 (guardian's allowance) is amended as follows.

(2) In subsection (1), after—

(a) “a child”, and

(b) “that child”,

insert “ or qualifying young person ” .

(3) In subsection (2), for “child's parents”, in each place, substitute “ parents of the child or qualifying young person ” .

(4) In subsection (3)—

(a) after “child” insert “ or qualifying young person ” , and

(b) for “child's parent's” substitute “ parents of the child or qualifying young person ” .

(5) In subsection (4), after “child” insert “ or qualifying young person ” .

(6) In subsection (5), after “child”, in both places, insert “ or qualifying young person ” .

(7) In subsection (7), after “child” insert “ or qualifying young person ” .

(8) In subsection (8)—

(a) after “child”, in both places, insert “ or qualifying young person ” , and

(b) for “a child's parents” substitute “ the parents of a child or qualifying young person ” .

(9) In subsection (9), after “child” insert “ or qualifying young person ” .

(10) In subsection (10), after “child” insert “ or qualifying young person ” .

(11) In subsection (11), after “child”, in both places, insert “ or qualifying young person ” .

Section 31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33

(1) Section 114 (persons maintaining dependants etc.) is amended as follows.

(2) In subsection (1), after “child” insert “ or qualifying young person ” .

(3) In subsection (3), after “children” insert “ or qualifying young persons ” .

Section 34

(1) Section 121(1) (Parts 1 to 6: interpretation) is amended as follows.

(2) For the definition of “child” substitute—

“ child ” has the same meaning as in Part 9 of this Act;

(3) Insert at the appropriate place—

“ qualifying young person ” has the same meaning as in Part 9 of this Act;

Section 35

(1) Section 139 (child benefit: person responsible for child) is amended as follows.

(2) In subsection (1), after “child”, in each place except in the phrase “child benefit”, insert “ or qualifying young person ” .

(3) In subsection (2), after “child”, in both places, insert “ or qualifying young person ” .

(4) In subsection (3)—

(a) for “child's” substitute “ fact that the child or qualifying young person is ” ,

(b) in paragraph (a), for “full-time education by attendance at a recognised educational establishment” substitute “ education or training of a description prescribed by regulations made by the Treasury ” , and

(c) in paragraph (c), omit “being,”.

(5) In subsection (4)—

(a) after “any child” and “for the child” insert “ or qualifying young person ” , and

(b) for “of the child” substitute “ of him ” .

(6) In subsection (5), after “child”, in both places, insert “ or qualifying young person ” .

(7) In the heading, for “ child ” substitute “ child or qualifying young person ” .

Section 36

(1) Section 140 (child benefit: exclusions and priority) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), omit “in other cases”.

(4) In subsection (3), after “same child” insert “ or qualifying young person ” .

Section 37

In section 141(2) (different rates of child benefit by reference to age of child), after “child” insert “ or qualifying young person ” .

Section 38

(1) Section 141A (entitlement to child benefit after death of child) is amended as follows.

(2) In subsection (1), after—

(a) “a child”, and

(b) “the child”,

insert “ or qualifying young person ” .

(3) In subsection (4), after “a child” insert “ or qualifying young person ” .

(4) In the heading, after “ child ” insert “ or qualifying young person ” .

Section 39

(1) Section 142 (child benefit: presence in Northern Ireland) is amended as follows.

(2) In subsection (1), after “a child” insert “ or qualifying young person ” .

(3) In subsection (3)—

(a) for “a child or other” substitute “ any ” , and

(b) for “this section” substitute “ subsection (1) or (2) above ” .

Section 40

(1) Section 143 (child benefit: interpretation and supplementary) is amended as follows.

(2) In subsection (1), omit the definition of “recognised educational establishment”.

(3) In subsection (3), after “child” insert “ or qualifying young person ” .

Section 41

(1) Part 5 of Schedule 4 (rates of industrial injuries benefits) is amended as follows.

(2) In paragraphs 1 and 4, in the second column, in paragraph (a), omit “child or adult”.

(3) In paragraph 12—

(a) in the first column, after “children” insert “ and qualifying young persons ” , and

(b) in the second column, for “qualifying child” substitute “ child or qualifying young person ” .

Section 42

(1) Schedule 7 (industrial injuries benefits) is amended as follows.

(2) In paragraph 4—

(a) in sub-paragraph (1), for “a child or children” substitute “ one or more children or qualifying young persons ” , and

(b) in sub-paragraph (4), after “child”, in both places, insert “ or qualifying young person ” ,

and in the heading before that paragraph, after “ children ” insert “ and qualifying young persons ” .

(3) In paragraph 5(1), after “child”, in each place, insert “ or qualifying young person ” .

(4) In paragraph 6(1)—

(a) after “nor a child” insert “ or qualifying young person ” , and

(b) for “a child or children” substitute “ one or more children or qualifying young persons ” .

(5) In paragraph 16(2)(a), after “children” insert “ or qualifying young persons ” .

(6) In paragraph 18—

(a) for “a child or children” substitute “ one or more children or qualifying young persons ” ,

(b) after “that child”, in each place, insert “ or qualifying young person ” , and

(c) after “those children”, in each place, insert “ or qualifying young persons ” ,

and in the heading before that paragraph, for “ Children of deceased's ” substitute “ Deceased's ” .

(7) In paragraph 19, after “child”, in each place, insert “ or qualifying young person ” ; and in the heading before that paragraph, after “ children ” insert “ and qualifying young persons ” .

Section 43

(1) Schedule 9 (exclusions from entitlement to child benefit) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), after “a child” and “the child”, and

(b) in sub-paragraph (2), after “a child”,

insert “ or qualifying young person ” ; and, in the heading before it, after “ Children ” insert “ and qualifying young persons ” .

(3) Omit paragraph 2 (and the heading before it).

(4) In paragraph 3, after “a child” insert “ or qualifying young person ” ; and, in the heading before it, after “ Children ” insert “ and qualifying young persons ” .