The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 No. 492

PART 1 U.K. GENERAL

Citation, commencement and effect U.K.

1.—(1) These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 50 of the Tax Credits Act 2002(1) for the purposes of entitlement to payment of child benefit and guardian’s allowance.

(2) These Regulations have effect only in relation to—

(a) child benefit and guardian’s allowance under the Contributions and Benefits Act; and

(b) child benefit and guardian’s allowance under the Contributions and Benefits (NI) Act.

Commencement Information

I1 Reg. 1 in force at 7.4.2003, see reg. 1

Interpretation U.K.

2.  In these Regulations—

“the adjudicating authority” means—

(a)

the Board;

(b)

an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(2) or Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998(3); or

(c)

a Commissioner within the meaning of section 39(1) of that Act(4) or to whom an appeal lies under Article 15 of that Order(5);

“the Administration Act” means the Social Security Administration Act 1992(6);

“the Administration (NI) Act” means the Social Security Administration (Northern Ireland) Act 1992(7);

“appropriate office” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act—

(i)

as regards the Board, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear or any Inland Revenue Enquiry Centre;

(ii)

as regards a relevant authority, any office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act—

(i)

as regards the Board, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast or any Inland Revenue Enquiry Centre;

(ii)

as regards a relevant authority, any office of the Social Security Agency of the Department for Social Development in Northern Ireland;

“the approved form” has the meaning given by regulation 5(1)(a);

“the Board” means the Commissioners of Inland Revenue;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(8);

“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(9);

“interim payment” has the meaning given by regulation 22(1);

“married couple” means a man and a woman who are married to each other and are neither—

(a)

separated under a court order, nor

(b)

separated in circumstances in which the separation is likely to be permanent;

“partner” means a member of a married or an unmarried couple;

“relevant authority” means—

(a)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the Secretary of State or a person providing services to the Secretary of State;

(b)

in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the Department for Social Development in Northern Ireland or a person providing services to that Department;

“unmarried couple” means a man and a woman who are not a married couple but are living together as husband and wife;

“writing” includes writing produced by electronic communications used in accordance with Schedule 2.

Commencement Information

I2 Reg. 2 in force at 7.4.2003, see reg. 1

Use of electronic communications U.K.

3.  Schedule 2 (the use of electronic communications) has effect.

Commencement Information

I3 Reg. 3 in force at 7.4.2003, see reg. 1

Notification for purposes of sections 111A and 112 of the Administration Act and sections 105A and 106 of the Administration (NI) Act U.K.

4.—(1) This regulation prescribes the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Administration Act(10) and sections 105A(1A) to (1G) and 106(1A) to (1F) of the Administration (NI) Act (offences relating to failure to notify a change of circumstances)(11).

(2) Notice of the change of circumstances must be given to the Board, or, where relevant, a relevant authority, in writing (except where they determine or it determines, in any particular case, that they or it will accept a notice other than in writing) by delivering or sending it to an appropriate office.

Commencement Information

I4 Reg. 4 in force at 7.4.2003, see reg. 1

(1)

2002 c. 21.

(2)

1998 c. 14.

(3)

S.I. 1998/1506 (N.I. 10).

(4)

Section 39(1) was relevantly amended by paragraph 35 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(5)

Article 15 was amended by Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671).

(6)

1992 c. 5.

(7)

1992 c. 8.

(8)

1992 c. 4.

(9)

1992 c. 7.

(10)

Section 111A was inserted by section 13 of the Social Security Administration Fraud Act 1997 (c. 47) and subsections (1A) to (1G) of that section, and subsections (1A) to (1F) of section 112, were substituted by section 16 of the Social Security Fraud Act 2001 (c. 11).

(11)

Section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11) and subsections (1A) to (1G) of that section, and subsections (1A) to (1F) of section 106, were substituted by section 15 of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17).