The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2004

• Citation: S.I. 2004/761
• Sections: 5

Section 1 Citation, commencement and effect

These Regulations shall be cited as the Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2004 and shall come into force on 6th April 2004.

Section 2 Amendment to the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

(1) The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 are amended as follows.

(2) At the end of regulation 6(2) add—

(d) a person who has claimed asylum and, on or after 6th April 2004, makes a claim for that benefit or allowances and satisfies the following conditions—

(i) the person is notified that he has been recorded as a refugee by the Secretary of State; and

(ii) he claims that benefit or allowance within 3 months of receiving that notification.

(3) After paragraph (2) (as amended by paragraph (2) of this regulation) add—

(3) In a case falling within paragraph (2)(d) the person making the claim shall be treated as having made it on the date when he submitted his claim for asylum.

Section 3 Amendment to the Child Benefit (General) Regulations 2003

The Child Benefit (General) Regulations 2003 are amended as follows.

Section 4 Amendment to the Child Benefit (General) Regulations 2003

In regulation 1(2), in paragraph (b) of the definition of “advanced education” —

(a) omit “or the Scottish Qualifications Authority”; and

(b) for “a Scottish certificate” to the end of the sub-paragraph, substitute “or Scottish national qualifications at higher or advanced higher level”.

Section 5 Amendment to the Child Benefit (General) Regulations 2003

In regulation 9 (exclusion from child benefit of children aged 16 but under the age of 19 who are receiving advanced education or training under a relevant training programme)—

(a) for “section 144(1)(a)” substitute “section 144(1)(a) and (b)”; and

(b) for “section 140(1)(a)” substitute “section 140(1)(a) and (b)”.