PART III Determination of Claims and Questions

Adjudication generally

118 Questions as to child or family
(1) Subject to subsection (2) below, this section applies to any question—
(a) whether a person is or was a child, or is or was under school-leaving age;
(b) whether a person has or had a family including a child or children, or is or was a child of some other person's family;
(c) whether a person could have been treated under paragraph 3 of the Schedule to the Family Allowances Act as, or but for certain facts would have been, or could have been so treated as, a child of any other person's family;
(d) whether, for the purposes of the payment to a beneficiary of any benefit in respect of a child, the child in question is living with the beneficiary.
(2) This section does not apply—
(a) to any question within section 95(1)(d) of this Act; or
(b) to the question whether a person is to be treated for any purpose as having a family including a child or children, or as being a child of some other person's family.
(3) Where a question to which this section applies arises with respect to benefit, the question shall be determined in accordance with the foregoing provisions of this Part of this Act, subject to any prescribed modifications and adaptations.
(4) Any decision of a question to which this section applies by virtue of subsection (1)(a) to (c) above, if given under this Part of this Act, shall have effect also for the purposes of the Family Allowances Act, whether given for the purposes of this Act or of that Act.