Social Security Contributions and Benefits (Northern Ireland) Act 1992

Section 140(3).

SCHEDULE 10 N.I. Priority Between Persons Entitled to Child Benefit

Person with prior award N.I.

1 (1) Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child for any week and a person to whom child benefit in respect of that child for that week has already been awarded when the claim is made, the latter shall be entitled. N.I.

(2) Sub-paragraph (1) above shall not confer any priority where the week to which the claim relates is later than the third week following that in which the claim is made.

Person having child living with him N.I.

2 N.I. Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 139 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.

Husband and wife N.I.

3 N.I. Subject to paragraphs 1 and 2 above, as between a husband and wife residing together the wife shall be entitled.

Parents N.I.

4 (1) Subject to paragraphs 1 to 3 above, as between a person who is and one who is not a parent of the child the parent shall be entitled. N.I.

(2) Subject as aforesaid, as between two persons residing together who are parents of the child but not husband and wife, the mother shall be entitled.

Other cases N.I.

5 N.I. As between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Department may in its discretion determine.

Supplementary N.I.

6 (1) Any election under this Schedule shall be made in the prescribed manner. N.I.

(2) Regulations may provide for exceptions from and modifications of the provisions of paragraphs 1 to 5 above in relation to such cases as may be prescribed.