The Social Security (Claims and Payments) Regulations 1987

Regulation 23(1)(a)

SCHEDULE 8 E+W+S ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1.  A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either– E+W+S

(a) he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

(b) he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2.  Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions: E+W+S

[F1 (a) he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 M1 , or]

(b) he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support[F2 , [F3 an income-based jobseeker’s allowance,] [F4 or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999]].

Textual Amendments

F1 Sch. 8 para. 2(a) substituted (7.4.1997) by The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1803), regs. 1(b), 21

F2 Words in Sch. 8 para. 2(b) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 28

F3 Words in Sch. 8 para. 2(b) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(25)

F4 Words in Sch. 8 reg. 2(b) substituted (5.10.1999) by The Social Security and Child Support (Tax Credits) Consequential Amendments Regulations 1999 (S.I. 1999/2566), regs. 1(2), 4

Marginal Citations

M1 S.I. 1976/1267; relevant amending instruments are S.I. 1980/110, 1986/1172 and S.I. 1996/1803.

3.  An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received. E+W+S

4.  An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being– E+W+S

(a) a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979 M2 , or

(b) the spouse of such a member, or

(c) a person living with such a member as husband and wife.

Marginal Citations

M2 S.I. 1979/591, to which there are amendments not relevant to these Regulations.

5.  Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof. E+W+S

6.  Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable– E+W+S

(a) in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

(b) in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7.  A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient. E+W+S