The Child Benefit (General) Regulations 2003

Made: 5th March 2003

Laid before Parliament: 5th March 2003

Coming into force: 7th April 2003

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

PART 1 — Introductory

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Child Benefit (General) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 49 of the Tax Credits Act 2002[^f00001].

• (2) In these Regulations—

• “the 1989 Act” means the Children Act 1989[^f00002];

• “the 1995 Act” means the Children (Scotland) Act 1995[^f00003];

• “advanced education” means full-time education for the purposes of— a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technology Education Council or the Scottish Vocational Education Council or a teaching qualification; or any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel or the Scottish Qualifications Authority, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;

• “an appropriate office” means— in relation to child benefit under the Contributions and Benefits Act, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear; in relation to child benefit under the Contributions and Benefits (NI) Act, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast; any Inland Revenue Enquiry Centre;

• “the Board” means the Commissioners of Inland Revenue;

• “the Careers Service” means— in England and Wales, a person with whom the Secretary of State or the National Assembly of Wales has made arrangements under section 10(1) of the Employment and Training Act 1973[^f00004], and a local education authority to whom the Secretary of State or the National Assembly of Wales has given a direction under section 10(2) of that Act; in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 and any education authority to which a direction has been given by the Scottish Ministers under section 10(2) of that Act; and in Northern Ireland, the Careers Service of the Department for Employment and Learning;

• “child benefit” has the meaning given in section 141 of the Contributions and Benefits Act and section 147 of the Contributions and Benefit (NI) Act (child benefit);

• “the Children Order” means the Children (Northern Ireland) Order 1995[^f00005];

• “the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000[^f00006] and section 10(1) of the Employment and Training Act 1973, and any person to whom he has given a direction under section 114(2)(b) of the former Act and section 10(2) of the latter Act;

• “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992[^f00007];

• “the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00008];

• “court” means any court in the United Kingdom, the Channel Islands or the Isle of Man;

• “Crown servant posted overseas” has the meaning given in regulation 30(2);

• “full-time education” has the meaning given in regulation 5;

• “hospital or similar institution” means a place (not being a prison, a young offenders institution, Secure Training Centre, Local Authority Secure Unit, Juvenile Justice Centre, Young Offenders Centre or, if not in Great Britain or Northern Ireland, any comparable place) in which persons suffering from mental disorders are or may be received for care or treatment;

• “married couple” means a man and a woman who are married to each other and are neither— separated under a court order, nor separated in circumstances in which the separation is likely to be permanent;

• “mental disorder” shall be construed as including references to any mental disorder within the meaning of the Mental Health Acts;

• “the Mental Health Acts” means the Mental Health Act 1983[^f00009], the Mental Health (Scotland) Act 1984[^f00010] or the Mental Health (Northern Ireland) Order 1986[^f00011];

• “partner” means, except in regulation 12, where a person is a member of a married or unmarried couple, the other member of that couple;

• “penalty” means, in the case of any court in Great Britain or Northern Ireland— in England and Wales, a sentence of a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00012] or detention in a young offenders institution, and a sentence of detention under sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000; in Scotland, a sentence of detention under sections 44, 205, 207, 208 or 216(7) of the Criminal Procedure (Scotland) Act 1995[^f00013]; in Northern Ireland, a sentence of imprisonment, or detention under Article 39, 41, 45 or 54 of, or paragraph 6 of Schedule 2 to, the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00014], or an order for detention in a juvenile justice centre or young offenders centre, and in the case of any court not in Great Britain or Northern Ireland, any comparable sentence or order;

• “relevant training programme” means– arrangements made under section 2 of the Employment and Training Act 1973[^f00015] or section 2 of the Enterprise and New Towns (Scotland) Act 1990[^f00016] or section 1 of the Employment and Training Act (Northern Ireland) 1950[^f00017]; provision secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Parts I or 2 of the Learning and Skills Act 2000; 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[^f00018] (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[^f00019], any corresponding provisions operated in another member State;

• “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;

• “the Social Security Act” means the Social Security Act 1975;

• “the Taxes Act” means the Income and Corporation Taxes Act 1988[^f00020];

• “unmarried couple” means a man and a woman who are not a married couple but are living together as husband and wife;

• “relative” means brother, sister, ancestor or lineal descendant;

• “writing” includes writing produced by electronic communications used in accordance with regulation 39.

PART 2 — Meaning of “person responsible for child”

Child in residential accommodation in prescribed circumstances

2

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

Days of absence to be disregarded in determining whether a child is living with a person

3

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

Prescribed circumstances relating to contributions and expenditure in respect of a child

4

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

PART 3 — Meaning of “child”

Prescribed circumstances in which education is to be treated as full-time education

5

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

Prescribed interruptions to full-time education

6

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

Prescribed period for which a person who has ceased to receive full-time education is to continue to be treated as a child

7

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

Prescribed conditions for a person under the age of 18 and not receiving full-time education to be treated as a child

8

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

PART 4 — Exclusions and priority

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

9

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

Exclusion from child benefit where certain financial support is payable to the child

10

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

Employed trainees

11

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

Child living with another person as his spouse or civil partner

12

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

Married child

13

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

Prescribed manner of making an election under Schedule 10 to the Contributions and Benefits Act and Schedule 10 to the Contributions and Benefits (NI) Act

14

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

Modification of priority between persons entitled to child benefit

15

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

Children in detention, care etc.

16

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

Child undergoing imprisonment or detention in legal custody

17

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

Child in care in such circumstances as may be prescribed

18

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

Interpretation of facts existing in a week

19

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

PART 5 — Entitlement after death of child

Entitlement after death of child

20

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

PART 6 — Residence

Circumstances in which a person is treated as not being in Great Britain

21

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

Persons temporarily absent from Great Britain

22

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

Application of regulation 22 where the person is in Northern Ireland

23

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

Circumstances in which a child is to be treated as being in Great Britain

24

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

Circumstances in which a person is treated as not being in Northern Ireland

25

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

Persons temporarily absent from Northern Ireland

26

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

Application of regulation 26 where the person is in Great Britain

27

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

Circumstances in which a child is to be treated as being in Northern Ireland

28

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

Overlap of entitlement to child benefit under both the legislation of Northern Ireland and Great Britain

29

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

Crown servants posted overseas

30

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

Partners of Crown servants posted overseas

31

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

Children of Crown servants posted overseas

32

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

Transitional provisions for Part 6

33

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

PART 7 — General and supplementary provisions

Persons treated as residing together

34

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

Polygamous marriages

35

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

Right to child benefit of voluntary organisations

36

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

Disapplication of section 13(1A) of the Social Security Administration Act 1992 and section 11(1A) of the Social Security Administration (Northern Ireland) Act 1992

37

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

Exception to section 13(2) of the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992

38

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

Use of electronic communications

39

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

PART 8 — Revocations

Revocations

40

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

SCHEDULE 1 — POWERS EXERCISED IN MAKING THESE REGULATIONS

1

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

2

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

3

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

4

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

SCHEDULE 2 — REVOCATIONS

PART 1 — REVOCATIONS APPLICABLE TO GREAT BRITAIN

Column 1	Column 2	Column 3
Regulation revoked	References	Extent of revocation
The Child Benefit (General) Regulations 1976	S.I. 1976/965	The whole of the Regulations.
The Child Benefit (Miscellaneous Minor Amendments) Regulations 1976	S.I. 1976/1758	Regulation 3.
The Child Benefit (General) Amendment Regulations 1977	S.I. 1977/534	The whole of the Regulations.
The Child Benefit (Miscellaneous Amendments) Regulations 1978	S.I. 1978/540	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1978	S.I. 1978/1275	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1980	S.I. 1980/1045	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1982	S.I. 1982/470	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1983	S.I. 1983/3	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1984	S.I. 1984/337	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1987	S.I. 1987/357	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1988	S.I. 1988/1227	The whole of the Regulations.
The Child Benefit (General) Amendment Regulations 1991	S.I. 1991/2105	The whole of the Regulations.
The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996	S.I. 1996/1345	Regulation 2.
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996	S.I. 1996/1803	Regulations 3 and 4.
Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999	S.I. 1999/1958	Schedule 3.
Social Security (National Insurance Number Information: Exemption) Regulations 2000	S.I. 2000/1082	Regulation 2.
Child Benefit (General) Amendment Regulations 2000	S.I. 2000/2891	The whole of the Regulations.

PART 2 — REVOCATIONS APPLICABLE TO NORTHERN IRELAND