The Child Benefit (Residence and Persons Abroad) Amendment Regulations 1984

Statutory Instruments

1984 No. 875

SOCIAL SECURITY

The Child Benefit (Residence and Persons Abroad) Amendment Regulations 1984

Made

26th June 1984

Laid before Parliament

29th June 1984

Coming into Operation

27th August 1984

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 13(1), 20(1) and 22(1) of the Child Benefit Act 1975 and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee(1), hereby makes the following regulations:—

Citation, interpretation and commencement

1.  These regulations, which may be cited as the Child Benefit (Residence and Persons Abroad) Amendment Regulations 1984, amend the Child Benefit (Residence and Persons Abroad) Regulations 1976 (hereinafter referred to as “the principal regulations”) and shall come into operation on 27th August 1984.

Benefit payable, subject to prescribed circumstances, for 8 weeks where parent or child outside Great Britain

2.  In regulations 2(2)(c)(i), 4(2)(c), (2A) and (3) of the principal regulations wherever the number “26” occurs, there shall be substituted the number “8”.

Transitional provision

3.—(1) Notwithstanding the provisions of regulation 2 of these regulations, a person shall continue to be entitled to child benefit for up to 26 weeks if he was entitled to benefit by virtue of sub-paragraph (c)(i) of regulation 2(2) or paragraphs 2(c) or (2A) or (3) of regulation 4 of the principal regulations for the week commencing 2nd July 1984 provided that he otherwise satisfies conditions of entitlement to child benefit.

(2) The provisions of this regulation shall cease to have effect on 31st December 1984.

Revocations

4.  Regulations 10 and 11 of the principal regulations are hereby revoked.

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Parliamentary Under Secretary of State

Department of Health and Social Security

26th June 1984

EXPLANATORY NOTE

These Regulations further amend the Child Benefit (Residence and Persons Abroad) Regulations 1976.

Regulation 2 reduces from 26 to 8 the number of weeks a person may, subject to prescribed conditions, receive child benefit while he or the child in respect of whom the benefit is payable is outside Great Britain.

Regulation 3 is a transitional provision which provides that a person who is entitled to benefit for the week beginning 2nd July 1984 whilst he or the child in respect of whom the benefit was payable were outside Great Britain shall retain an entitlement to benefit for a maximum of 26 weeks. This transitional provision will expire on 31st December 1984.

Regulation 4 revokes provisions which relate to transitional matters connected with the coming into force of the Child Benefit Act 1975 and which are now spent.

The report of the Social Security Advisory Committee dated 15th June 1984 on a draft of these Regulations, together with a statement by the Secretary of State in response to the Committees recommendation, which relates to administration rather than the text of these regulations, is contained in Command Paper (Cmnd. 9279) published by Her Majesty's Stationery Office.

(1)

See sections 9 and 10 of the Social Security Act 1980 (c.30).