The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Social Security (Industrial Injuries) (Benefit) Regulations 1975

7.—(1) The Social Security (Industrial Injuries) (Benefit) Regulations 1975 as amended(1), shall be further amended in accordance with the following provisions.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Act”, there shall be inserted the following definition:—

“`the Child Benefit Act' means the Child Benefit Act 1975”;

(b) after the definition of the “Secretary of State”, there shall be inserted the following definitions:—

“`child benefit' means benefit under Part I of the Child Benefit Act”;

“`entitled to child benefit' includes treated as so entitled”.

(3) In regulation 3 (injury benefit payable to persons who have not attained school-leaving age) for the words “school-leaving age” in the two places where these words occur there shall be substituted the words “the age of 16”.

(4) For regulation 16 (additional entitlement to higher permanent rate of widow's pension under section 67) there shall be substituted the following regulation:—

“16.— (1) The following provisions of this regulation shall apply in determining whether a woman is entitled to industrial death benefit at the higher permanent rate specified in paragraph 13(b) of Part V of Schedule 4 to the Act by virtue of satisfying the requirement in section 68(2)(a) (higher weekly rate of industrial death benefit payable to the widow of the deceased for a period for which she is entitled or treated as entitled to an allowance under section 70 (industrial death benefit for children)).

(2) The widow of the deceased shall be treated as entitled to an allowance under the said section 70 for any period during which she is residing with a person under the age of 19 in respect of whom the deceased—

(a) at his death was entitled to child benefit; or

(b) at the time of his death could have been entitled to child benefit or treated as having been so entitled had that person then been under the age of 16 or not absent from Great Britain; and,

where, at the expiration of such a period as aforesaid, the widow has attained the age of forty, she shall be treated as entitled to that allowance for any period thereafter.”.

(5) For regulation 23 (priority of title to allowance or allowances under section 70) there shall be substituted the following regulation:—

“23.   Where in respect of the same death each of 2 or more persons satisfies the conditions of section 70 for the receipt of an allowance in respect of the same child, the person entitled to the allowance shall, as between such persons, be determined subject to the provisions of paragraph 1(c) of Schedule 9 to the Act in accordance with the order of priority specified in Schedule 7 to these regulations.”.

(6) After regulation 23 there shall be inserted the following regulations:—

“Circumstances in which higher rate of allowance under section 70(2) is payable to a person other than the widow of the deceased

23A.— (1) For the purposes of section 70(2) (industrial death benefit at higher rate) for any period during which the conditions of paragraph (2) of this regulation are satisfied, a person, not being the widow of the deceased person, who is entitled to an allowance in respect of a child under section 70(1) shall be entitled to that allowance at the higher rate referred to in the said section 70(2).

(2) The conditions referred to in paragraph (1) are—

(a) that the widow of the deceased is entitled to benefit under sections 67 and 68 in respect of the death of the deceased person; and

(b) that the said widow was, immediately before the period referred to in paragraph (1), entitled to the higher rate of allowance provided for in section 70(2) in respect of the child; and

(c) that the said widow has not ceased to reside with the child.

Circumstances in which a deceased person who was not entitled to child benefit is to be treated as having been so entitled for the purposes of sections 70 or 73

23B.— (1) A deceased person shall be treated, for the purposes of sections 70 or 73 as having been entitled to child benefit in respect of a child at his death, or as the case may be, throughout the period between the date of the relevant accident and his death, if—

(a) that child was a legitimate son or daughter of the deceased and either the deceased or his spouse was living with the child or was contributing towards the cost of providing for the child at the appropriate rate or the deceased would, but for the relevant injury or disease, have so contributed; or

(b) the child was an illegitimate son or daughter of the deceased and the deceased was either living with the child or was contributing towards the cost of providing for the child at the appropriate rate or would but for the relevant injury or disease have so contributed; or

(c) the child, not being a son or daughter of the deceased, was wholly or mainly maintained by the deceased or would, but for the relevant injury or disease, have been so maintained; or

(d) the child, not being a son or daughter of the deceased, was living at the time of the deceased's death with the deceased's spouse or was being maintained by that spouse at the appropriate rate and he or she was a child who at the time of the death of a person to whom the deceased's spouse had previously been married (and whose marriage to the deceased's spouse had been terminated by death) had been living with or maintained at the appropriate rate by that person; or

(e) the child was a posthumous legitimate child of the deceased.

(2) The expression `appropriate rate' in paragraph (1) means a weekly rate not less than the rate which would have been payable as child benefit in respect of an only, elder or eldest child.

Circumstances in which a deceased person is to be treated as not having been entitled to child benefit for the purposes of sections 68 or 70

23C.   Notwithstanding that he was at his death entitled to child benefit in respect of a child, a deceased person shall be treated, for the purposes of section 68 (rate of widow's industrial death benefit) or section 70 (industrial death benefit for children) as having been not so entitled if—

(a) that child was not his son or daughter; and

(b) neither of the conditions set out in sub-paragraph (c) or (d) of the last foregoing regulation was fulfilled in relation to him; and

(c) the child was not a step-child of the deceased.

Circumstances in which a person is to be treated as if he were entitled to child benefit for the purposes of section 70

23D.— (1) Any person to whom section 70 (industrial death benefit for children) applies shall, for the purposes of the said section 70, be treated as if he were entitled to child benefit in respect of a child if the period in question is one throughout which—

(a) that person, or his spouse with whom he is residing, would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which birth occurred; or

(b) that person satisfies the conditions for entitlement to child benefit with the exception only of a condition in section 6(2) or section 13(3)(b) of the Child Benefit Act (period for which claim to child benefit may be effective and condition relating to presence in Great Britain respectively) or regulations(2) made under the latter section.

(2) For the purpose of determining whether a person is entitled to industrial death benefit for a child under section 70, where in respect of a child the said benefit is payable to a person for a continuous period of 7 days and would have been payable to that person for the immediately dreceding 7 days had he been entitled to child benefit in respect of that child for an earlier week, he shall be treated as if he were entitled to child benefit for that earlier week.

(3) The expression `earlier week' in paragraph (2) means the week immediately preceding the first week for which the person referred to in that paragraph was entitled to child benefit in respect of the child referred to in that paragraph.

(4) For the purposes of paragraph (1) the word `week' has the meaning assigned to it by section 24(1) of the Child Benefit Act.

Circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled

23E.   For the purposes of section 70 (industrial death benefit for children) a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for any day following the day on which that child died.”.

(7) Regulation 26 (increase of benefit for female person having care of child) shall be amended in accordance with the following provisions of this paragraph:—

(a) in the lead-in to regulation 26, and in paragraphs (2) and (3) of that regulation for the words “child or children of the beneficiary's family” there shall be substituted the words “child or children in respect of whom the beneficiary is entitled to child benefit”;

(b) in paragraph (5) the words “of his family or a child treated as such for the purposes of section 64 (increase of benefit in respect of children)” shall be omitted.

(8) For regulation 29 (contribution towards cost of providing for child) there shall be substituted the following regulation:—

“29.— (1) Where, apart from sections 65(1) and 70(4), a person is entitled to receive an increase of benefit or allowance under section 64 or 70 for any period in respect of a particular child and neither of the conditions set out in the following paragraph of this regulation is satisfied, that person shall nevertheless for the purposes of the said sections 65(1) and 70(4) be deemed as respects that period to be making the contributions so required at a weekly rate not less than that required by the said section 65(1) if—

(a) he gives an undertaking in writing to make such contributions, and

(b) on receiving the amount of the allowance or increase in question, he in fact makes such contributions.

(2) The conditions referred to in paragraph (1) are—

(a) the person would be treated for the purposes of the Child Benefit Act as having the child living with him; or

(b) contributions are being made to the cost of providing for the child at a rate equal to the amount of the relevant increase of benefit.

(3) Where, in respect of any period, the person referred to in this regulation fails to make the contributions which he has undertaken to make in accordance with the first paragraph of this regulation, the decision awarding the allowance or increase in question for that period in respect of the child shall be revised.

(4) Where, for the purposes of section 64(1), a beneficiary being a man, is entitled to an increase under the said section 64(1) in respect of both a child regarded for the purposes of the Child Benefit Act as living with him and a child who is not to be so regarded but who is the elder or eldest child, he shall be deemed for the purposes of section 65(1)(b) to be making the requisite contribution to the cost of providing for such elder or eldest child if he contributes at a rate not less than the lowest rate at which the particular increase becomes payable in his case.”.

(9) In regulation 31 (allocation of contributions for wife or children) there shall be made the following amendments:—

(a) in regulation 31(1) the figures “64(4)” shall be omitted;

(b) for paragraph (2) of regulation 31 there shall be substituted the following paragraph:—

“(2) The children to whom this regulation refers are any children in respect of whom, in the period for which the sum in question is paid by the person, that person is entitled to child benefit or could have been treated as so entitled by virtue of regulations made for the purposes of the above-mentioned sections of the Act had he contributed to the cost of providing for the child at a sufficient weekly rate.”;

(c) in paragraph (3) of regulation 31, for all the words following “unless in either case” there shall be substituted “the wife is entitled to child benefit in respect of the child or children”.

(10) In paragraph 3(b) of Schedule 7 (order of priority of title to allowance under section 70) for the words “of the deceased's family” there shall be substituted the words “in respect of whom the deceased was entitled to child benefit”.

(1)

The relevant amending instruments are S.I. 1976/1736, 1977/341 (1976 III, p, 4596; 1977 I, p. 1031).

(2)

See regulation 5 S.I. 1976/963 (1976 II, p. 2507).