The Child Benefit (General) Amendment Regulations 1988

• Citation: S.I. 1988/1227
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1988 and shall come into force as follows—

(a) regulations 1, 2, 3, 5, 7 and 8, on 5th August 1988; and

(b) regulations 4 and 6, on 12th September 1988.

(2) In these Regulations“the principal Regulations ” means the Child Benefit (General) Regulations 1976 .

Section 2 Amendment of regulation 1(2) of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation) the following definitions shall be inserted after the definition of“full-time education”—

“remunerative work” means work of not less than 24 hours a week—

in respect of which payment is made; or

which is done in expectation of payment;

“youth training scheme” means—

arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State);

arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces); or

for the purposes of the application of Council Regulation ( EEC ) No. 1408/71 , any corresponding provisions operated in another member State,

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.

Section 3 Amendment of regulation 6(2) of the principal Regulations

In regulation 6(2) of the principal Regulations (interruption of full-time education) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) provision is made for the training of that person, and for an allowance to be payable to that person, under the youth training scheme; or

Section 4 Amendment of regulation 7(3) of the principal Regulations

In regulation 7(3) of the principal Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child for the words“full-time in gainful employment” there shall be substituted the words“in remunerative work”.

Section 5 Substitution of regulation 7B of the principal Regulations

The following regulation shall be substituted for regulation 7B of the principal Regulations (child receiving financial support under the Employment and Training Act 1973)—

Child receiving training under the youth training scheme

(7B) Child benefit shall not be payable by virtue of section 2(1)(b) of the Act in respect of a child aged 16 or over for any week—

(a) in which training for that child is being provided under the youth training scheme; and

(b) in respect of which an allowance may be paid under that scheme to that child.

Section 6 Insertion of regulation 7D into the principal Regulations

The following regulation shall be inserted after regulation 7C of the principal Regulations (child receiving income support)—

Circumstances in which a person who has ceased to receive full-time education is to be treated as a child

(7D)

(1) For the purposes of section 2(1)(aa) of the Act, in relation to a person under the age of 18 who is not receiving full-time education, the prescribed conditions are—

(a) that person is registered for work or for training under the youth training scheme with—

(i) the Department of Employment;

(ii) the Ministry of Defence;

(iii) in England and Wales, a local education authority within the meaning of section 114(1) of the Education Act 1944 (interpretation);

(iv) in Scotland, an education authority within the meaning of section 135(1) of the Education (Scotland) Act 1980 (interpretation); or

(v) for the purposes of applying Council Regulation (EEC) No. 1408/71 , any corresponding body in another member State;

(b) that person is not engaged in remunerative work;

(c) the extension period which applies in the case of that person has not expired;

(d) immediately before the extension period begins, the person who is responsible for him is entitled to benefit in respect of him without regard to this regulation; and

(e) the person who is responsible for him has made a written request to the Department for the payment of benefit during the extension period.

(2) For the purposes of paragraph (1)(c), (d) and (e), the extension period—

(a) begins on the first day of the week in which benefit would cease to be payable in respect of a person but for this regulation; and

(b) where a person ceases to be treated as a child by virtue of section 2(1)(a) of the Act (meaning of child) or regulation 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(i) on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii) on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii) at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.

(3) Child benefit shall not be payable by virtue of section 2(1)(aa) of the Act in respect of a child aged 16 or over for any week in which—

(a) he is engaged in training under the youth training scheme; or

(b) he is entitled to income support.

Section 7 Insertion of regulation 14A into the principal Regulations

After regulation 14 of the principal Regulations (modification of priority provisions in Schedule 2 to the Act) there shall be inserted the following regulation—

Exception to section 6(3) of the Act

(14A)

(1) A person shall not be disentitled to benefit in respect of a child for any week by virtue of the provisions of section 6(3) of the Act (persons not entitled to benefit for any week if benefit already paid for that week to another person, whether or not that other person was entitled to it) if in respect of that week—

(a) the determining authority has decided that the Secretary of State shall be entitled to recover benefit which has already been paid in respect of that child from a person in consequence of his misrepresentation of, or his failure to disclose, any material fact and, where that determining authority is one from whose decision an appeal lies, the time for appealing has expired and no appeal has been made; or

(b) the benefit already paid to the other person has been voluntarily repaid to, or recovered by, the Department in a case where the determining authority either—

(i) has decided on review that while there was no entitlement to benefit it is not recoverable, or

(ii) has decided on review that there was no entitlement to benefit but has made no decision as to its recoverability.

(2) In this regulation“determining authority” means, as the case may require, the Chief or any other adjudication officer, a social security appeal tribunal, the Chief or any other Social Security Commissioner or a tribunal of three such Commissioners constituted in accordance with section 116 of the Social Security Act 1975 as applied to appeals concerning child benefit by section 52(3) and (6) of the Social Security act 1986 .

Section 8 Revocation

The Child Benefit (Claims and Payments) Regulations 1984 in so far as they are in force are hereby revoked.