The Child Benefit (General) Regulations 1976 (revoked)

Children in detention, care etc. E+W+S

16.—(1)  [F1 In its application to any case to which there also applies] of paragraph 1 of Schedule 1 to the Act (exclusion from entitlement to benefit in respect of children in detention, care etc.) section 24(2) of the Act (subject to any provision made by regulations, references in the Act to any condition being satisfied or any facts existing in a week to be construed as references to the condition being satisfied or the facts existing at the beginning of that week) shall have effect as if for the words “at the beginning of that week” there were substituted the words “ throughout any day in that week ”.

(2) For the purposes of paragraph 1(a) of the said Schedule (child undergoing imprisonment or detention in legal custody) a child shall not be regarded as undergoing imprisonment or detention in legal custody in any week unless in connection with a charge brought or intended to be brought against him in criminal proceedings at the conclusion of those proceedings or, in the case of default of payment of a sum adjudged to be paid on conviction, in respect of such default, a court imposes a penalty upon him; and for those purposes—

(a) “court” means any court in the United Kingdom, the Channel Islands or the Isle of Man; and

(b) ‘penalty’ means, in the case of any court in Great Britain—

(i) a sentence of imprisonment or borstal training;

(ii) a sentence of detention under section 53 of the Children and Young Persons Act 1933 M1 or section 206 of the Criminal Procedure (Scotland) Act 1975 M2 ; or

(iii) an order for detention in a remand centre, a detention centre or a young offenders institution, or made under or by virtue of section 198, 406 or 413 of the said Act of 1975,

and in the case of any court not in Great Britain, any comparable sentence or order.

(3) The said paragraph (l)(a) shall not apply to a child in respect of any week in which that child is liable to be detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless, subsequent to the imposition of a penalty—

(a) he has undergone detention in a prison, a detention centre, a borstal institution, a young offenders institution or, if not in Great Britain, any comparable place;

(b) he was removed to the hospital or similar institution while still liable to be detained as a result of the said penalty and, in the case of a person who is liable to be detained in the hospital or similar institution by virtue of any provisions of the Mental Health Act 1959 M3 or the Mental Health (Scotland) Act 1960 M4 , a direction restricting his discharge has been given under either of those Acts and is still in force,

and in this paragraph—

(i) “hospital or similar institution” means a place (not being a prison, a detention centre, a borstal institution, a young offenders institution, a remand centre or, if not in Great Britain, any comparable place and not being at or in any such place) in which persons suffering from mental disorder are or may be received for care or treatment;

(ii) “mental disorder” shall be construed as including references to any mental disorder within the meaning of the said Act of 1959 or the said Act of 1960; and

(iii) a person who is liable to be detained by virtue of any provision of the said Act of 1959 or the said Act of 1960 shall be treated as if a direction restricting his discharge had been given under those Acts if he is to be so treated for the purposes of either of them.

(4) Where, as respects a child in relation to whom each of the conditions specified in paragraph (3)(a) and (b) is satisfied, a certificate given by or on behalf of the Secretary of State for the Home Department or the Secretary of State for Scotland and furnished to the Secretary of State for Social Services shows the earliest date on which that child would have been expected to be discharged from detention pursuant to the said penalty if he had not been transferred to a hospital or similar institution, the said conditions shall be deemed not to be satisfied in relation to that child as from the day next following that date.

(5) For the purposes of paragraph 1(c) of Schedule 1 to the Act (child in care of a local authority in such circumstances as may be prescribed) the prescribed circumstances are that the child is—

(a) received into care under section 1 of the Children Act 1948 M5 or section 15 of the Social Work (Scotland) Act 1968 M6 or pursuant to a resolution under section 16A(1) of the said Act of 1968 or under section 61(1) of the Children Act 1975 M7 ;

(b) in the care of a local authority pursuant to the making of a supervision requirement to which section 44(1)(a) of the Social Work (Scotland) Act 1968 applies and is boarded out by that authority in the home of any person in accordance with the provisions of the Boarding-Out of Children (Scotland) Regulations 1959 M8 ;

(c) committed to the care of a local authority in pursuance of an order made or deemed to be made under the Children and Young Persons Act 1969 M9 ;

(d) committed to the care of a local authority under a care order made under—

(i) section 2(1)(e) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 M10 ; or

(ii) section 7(2) of the Family Law Reform Act 1969 M11 ; or

(iii) section 43 of the Matrimonial Causes Act 1973 M12 ; or

(iv) section 2(2) or 11(1) of the Guardianship Act 1973 M13 ; or

(v) sections 17(1)(A) or 36(2) or (3)(a) of the Children Act 1975; or

(e) committed to the care of a local authority pursuant to an order of a court made under section 10(1) of the Matrimonial Proceedings (Children) Act 1958 M14 .

(6) A person, shall not be disentitled to benefit in respect of a child for any week by virtue of the fact that sub-paragraph (a), (b) or (c) of paragraph 1 of Schedule 1 to the Act (except where regulations otherwise provide no person to be entitled to benefit in respect of a child for any week if in that week the child is in detention, care etc.) applies to that child—

(a) unless that week is the 9th or a subsequent week in a series of consecutive weeks in which any of those sub-paragraphs have applied to that child; or

(b) notwithstanding that that week is the 9th or a subsequent week in a series of consecutive weeks in which any of those sub-paragraphs have applied to that child, if—

(i) that week is one throughout which that person has had the child living with him; or

(ii) that week is one during which that person has had the child living with him throughout at least one day, being a day which immediately follows or precedes a week throughout which that person has had the child living with him; or

(iii) as at that week that person establishes that he is a person with whom the child, while the said sub-paragraph (a), (b) or (c) applies to him, ordinarily lives throughout at least one day in each week.

(7) For the purposes of paragraph (6), a person shall not be regarded as having a child living with him throughout any day or week unless he actually has that child living with him throughout that day or week.

(8) For any week in which a child is boarded out by a local authority in the home of any person in accordance with the provisions of the Boarding-Out of Children Regulations 1955 M15 or the Boarding-Out of Children (Scotland) Regulations 1959, paragraph (6) shall not apply to that person in relation to that child.

Textual Amendments

F1 Words in reg. 16(1) substituted (5.5.1978) by The Child Benefit (Miscellaneous Amendments) Regulations 1978 (S.I. 1978/540), regs. 1, 4(2)

Marginal Citations

M1 1933 c. 12.

M2 1975 c. 21.

M3 1959 c. 72.

M4 1960 c. 61.

M5 1948 c. 43.

M6 1968 c. 49.

M7 1975 c. 72

M8 S.I. 1959/835 (1959 I, p. 579).

M9 1969 c. 54.

M10 1960 c. 48.

M11 1969 c. 46.

M12 1973 c. 18.

M13 1973 c. 29.

M14 1958 c. 40.

M15 S.I. 1955/1377 (1955 I, p. 286).