The Child Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 469

SOCIAL SECURITY

The Child Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996

Made

4th October 1996

Coming into operation

7th October 1996

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 142A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, by this statutory rule which contains only regulations made consequential upon section 10 of the Asylum and Immigration Act 1996(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996 immediately after the Child Benefit (General) (Amendment) Regulations (Northern Ireland) 1996(3).

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Child Benefit (General) Regulations

2.  In regulation 16B of the Child Benefit (General) Regulations (Northern Ireland) 1979(5) (prescribed conditions relating to persons subject to immigration control)—

(a) in paragraph (e) for “Order in Council” there shall be substituted “order”;

(b) after paragraph (e) there shall be added the following paragraphs—

“(f) a person whose leave to enter or remain in the United Kingdom is not subject to any limitation;

(g) a person, other than a person to whom any of paragraphs (a) to (f) apply who, immediately before 7th October 1996, is being paid child benefit, save that this paragraph shall apply only until such time as that person’s entitlement to that benefit is reviewed under section 23 of the Social Security Administration (Northern Ireland) Act 1992(6).”.

Revocation

3.  Regulation 3 of the Child Benefit (General) (Amendment) Regulations (Northern Ireland) 1996 (saving) is hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 4th October 1996.

L.S.

John O'Neill

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend regulation 16B of the Child Benefit (General) Regulations (Northern Ireland) 1979 (S.R. 1979 No. 5). Besides making a minor technical amendment (regulation 2(a)), they prescribe additional conditions when section 142A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (which disentitles persons who require leave to enter or remain in the United Kingdom from receiving child benefit) will not apply (regulation 2(b)).

Regulation 3 revokes a previous provision.

These Regulations are made in consequence of section 10 of the Asylum and Immigration Act 1996 (c. 49) which inserted section 142A into the Contributions and Benefits (Northern Ireland) Act 1992. Section 10 came into operation on 19th August 1996 by virtue of the Asylum and Immigration Act 1996 (Commencement No. 2) Order 1996 (S.I. 1996/2127 (C. 50)). The Regulations are made within 6 months of the coming into force of section 10 and accordingly are exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 142A was inserted by section 10 of the Asylum and Immigration Act 1996 (c. 49)

(2)

1996 c. 49

(3)

S.R. 1996 No. 422

(4)

1954 c. 33 (N.I.)

(5)

S.R. 1979 No. 5; regulation 16B was inserted by regulation 2 of S.R. 1996 No. 422

(6)

1992 c. 8