The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Social Security (Guardian's Allowances) Regulations 1975

9.—(1) The Social Security (Guardian's Allowances) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 5 (children whose surviving parents are in prison or legal custody) paragraph (5) and sub-paragraph (b) of paragraph (7) shall be omitted.

(3) In regulation 6 (residence condition) for paragraphs (1) and (2) there shall be substituted the following paragraphs:—

“6.— (1) For the purposes of section 38(3) of the Act (no entitlement to guardian's allowance in respect of a child unless the prescribed conditions are satisfied) the prescribed conditions are that—

(a) one at least of the child's parents was born in the United Kingdom; or

(b) at the date of death of the parent (or other person) whose death gives rise to the claim for guardian's allowance, one at least of the child's parents had been present in Great Britain for at least 52 weeks in the aggregate out of any period of 2 years after attaining age 16.

(2) For the purposes of paragraph (1)(b) notwithstanding that on any day a person was absent from Great Britain he shall be treated as though he had been present in Great Britain if his absence was by reason only of the fact that on that day—

(a) he was abroad in his capacity as—

(i) a serving member of the forces within the meaning of the definition of `serving member of the forces' in regulation 1(2) of the Social Security (Contributions) Regulations 1975, as amended(1), or

(ii) an airman or mariner within the meaning of regulation 72 and regulation 77 respectively of those Regulations; or

(b) he was in prescribed employment in connection with continental shelf operations within the meaning of regulation 76 of those Regulations.”.

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

“Prescribed manner of making an election under section 38 of the Act

6A.   An election under section 38(5) of the Act (payment of a guardian's allowance to either husband or wife unless she elects in the prescribed manner that payment is not to be made to him) shall be made by giving notice in writing to the Secretary of State at an office of the Department of Health and Social Security on a form approved by the Secretary of State or in such other manner, being in writing, as he may accept as sufficient in the circumstances of any particular case or class of cases.”.

(1)

The relevant amending instruments are S.I. 1975/1855, 1976/1, 507 (1975 III, p. 6983; 1976 I, pp. 1; 1480).