The Child Benefit (General) Amendment Regulations 1991

• Citation: S.I. 1991/2105
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1991 and shall come into force on 14th October 1991 immediately following the coming into force of such provisions of the Children Act 1989 as are mentioned in article 3(2) of the Children Act 1989 (Commencement and Transitional Provisions) Order 1991 .

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

Section 2 Amendment of regulation 3 of the General Regulations

In regulation 3 of the General Regulations (child in residential accommodation in prescribed circumstances) from the words “section 12 of the Health Services” to the end there shall be substituted the following words—

paragraph 2 of Schedule 8 to the National Health Service Act 1977 , the Children Act 1989 or section 37 of the National Health Service (Scotland) Act 1978 ) are any circumstances in which a child—

who has attained the age of eighteen is in residential accommodation pursuant to arrangements made under the said paragraph 2 or the said section 37; or

is in residential accommodation pursuant to arrangements made under section 17(1) of the Children Act 1989 (provision of services for children in need) and is a child to whom—

section 17(10)(b) of the Chidren Act 1989 (impairment of health or development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him; or

section 17(10)(c) of the Children Act 1989 (disability) applies.

Section 3 Amendment of regulation 16 of the General Regulations

(1) Regulation 16 of the General Regulations (children in detention, care etc. ) shall be amended in accordance with paragraphs (2) and (3) of this regulation.

(2) In paragraph (5) at the end there shall be added the following sub-paragraphs—

(f) provided with accommodation by a local authority under sections 20 or 21(2)(c) of the Children Act 1989 (provision of accommodation for children);

(g) treated by virtue of paragraph 20 of Schedule 14 to the Children Act 1989 (children in voluntary care) as a child who is provided with accommodation under Part III of that Act; or

(h) in the care of a local authority pursuant to a care order within the meaning of section 105(1) of the Children Act 1989 (interpretation).

(3) In paragraph (9) for the words “section 21 of the Child Care Act 1980 ” there shall be substituted the words “section 23 of the Children Act 1989”.