The Child Benefit (General) Regulations 2006

PART 1 U.K. Introductory

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Child Benefit (General) Regulations 2006 and shall come into force on 10th April 2006 immediately after the Child Benefit Act 2005.

(2) In these Regulations—

“the 1989 Act” means the Children Act 1989M1 ;

“the 1995 Act” means the Children (Scotland) Act 1995M2 ;

“the 1995 Order” means the Children (Northern Ireland) Order 1995M3 ;

“SSCBA” means the Social Security Contributions and Benefits Act 1992;

“SSCB(NI)A” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(3) In these Regulations—

“advanced education” means full-time education for the purposes of—

(a)

a course in preparation for a degree, a diploma of higher education, [F1 a higher national certificate,] a higher national diploma, or a teaching qualification; or

(b)

any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level), or Scottish national qualifications at higher or advanced higher level;

[F2 “an appropriate office” means—

(a)

Waterview Park, Washington, Tyne and Wear; or

(b)

any other office specified in writing by the Commissioners.]

“approved training” means arrangements made by the Government—

(a)

F3 ...

(b)

in relation to Wales, known as F4 ... [F5 “Traineeships” or “Foundation Apprenticeships”];

(c)

[F6 in relation to Scotland, known as “Employability Fund activity”; or]

(d)

[F7 in relation to Northern Ireland, known as “PEACE IV Children and Young People 2.1”[F8 , “Training for Success” or “Skills for Life and Work]]

“arrangements made by the Government” means arrangements—

(a)

in relation to England and Wales, made by the Secretary of State under section 2 of the Employment and Training Act 1973M4 ;

(b)

in relation to Scotland, made—

(i)

by the Scottish Ministers under section 2 of the Employment and Training Act 1973M5 ;

(ii)

by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990M6 ; or

(c)

in relation to Northern Ireland, made by the Department for [F9 Communities or the Department for the Economy] under [F10 sections 1 and 3] of the Employment and Training Act (Northern Ireland) 1950M7 ;

“the Careers Service” means—

(a)

in England and Wales, a person with whom the Secretary of State or the National Assembly of Wales has made arrangements under section 10(1) of the Employment and Training Act 1973, and a [F11 local authority] to whom the Secretary of State or the National Assembly of Wales has given a direction under section 10(2) of that Act;

(b)

in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 and any education authority to which a direction has been given by the Scottish Ministers under section 10(2) of that Act; F12 ...

(c)

F13 ...

“child benefit” has the meaning given in section 141 of SSCBA and section 137 of SSCB(NI)A (child benefit);

“civil partnership” means two people F14 ... who are civil partners of each other and are neither—

(a)

separated under a court order; nor

(b)

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

F15 ...

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs (see section 1 of the Commissioners for Revenue and Customs Act 2005);

“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 M8 and section 10(1) of the Employment and Training Act 1973, and any person to whom he has given a direction under section 114(2)(b) of the former, or section 10(2) of the latter, Act;

“couple” means two people—

(a)

[F16 who are spouses residing together, or civil partners in a civil partnership; or

(b)

who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;]

“court” means any court in the United Kingdom, the Channel Islands or the Isle of Man;

“Crown servant posted overseas” has the meaning given in regulation 30(2);

“EEA State” means—

(a)

a member State, other than the United Kingdom, or

(b)

Norway, Iceland or Liechtenstein;

[F17 “EU Agreement” means—

(a)

an Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision in the field of social security for equal treatment for workers who are nationals of the State with which the agreement has been concluded, or

(b)

a Stabilisation and Association Agreement concluded under Article 217 of the Treaty on the Functioning of the European Union which makes provision for receipt of family allowances for members of a worker’s family who are legally resident in the United Kingdom;]

“full-time education” [F18 except in regulation 3(2)(ab)]—

(a)

is education undertaken in pursuit of a course, where the average time spent during term time in receiving tuition, engaging in practical work, or supervised study, or taking examinations exceeds 12 hours per week; and

(b)

in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study.

“hospital or similar institution” means a place in which persons suffering from mental disorders are or may be received for care or treatment but does not include a prison, a young offenders institution, Secure Training Centre, Local Authority Secure Unit, Juvenile Justice Centre, Young Offenders Centre or, if outside the United Kingdom, any comparable place;

“mental disorder” shall be construed as including references to any mental disorder within the meaning of the Mental Health Acts;

“the Mental Health Acts” means the Mental Health Act 1983M9 , the Mental Health (Care and Treatment) (Scotland) Act 2003 M10 or the Mental Health (Northern Ireland) Order 1986M11 ;

“partner” means, in relation to a person who is a member of a couple, the other member of that couple;

“penalty” means, in the case of any court in Great Britain or Northern Ireland—

(a)

in England and Wales, a sentence of a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 M12 [F19 or Chapter 2 of Part 10 of the Sentencing Code] or detention in a young offenders institution, and a sentence of detention under sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000 [F20 or sections 250, [F21 252A,] 259 and 260 of the Sentencing Code];

(b)

in Scotland, a sentence of detention under sections 44, 205, 207, 208 or 216(7) of the Criminal Procedure (Scotland) Act 1995M13 ;

(c)

in Northern Ireland, a sentence of imprisonment, or detention under Article 39, 41, 45 or 54 of, or paragraph 6 of Schedule 2 to, the Criminal Justice (Children) (Northern Ireland) Order 1998M14 , or an order for detention in a juvenile justice centre or young offenders centre,

and in the case of any court outside the United Kingdom, any comparable sentence or order;

“relevant education” means education which is—

(a)

full-time; and

(b)

not advanced education;

[F22 “relevant person of Northern Ireland” means a person who—

(a)

is—

(i)

a British citizen; or

(ii)

an Irish citizen; or

(iii)

a British citizen and an Irish citizen; and

(b)

was born in Northern Ireland and, at the time of that person’s birth, at least one of their parents was—

(i)

a British citizen; or

(ii)

an Irish citizen; or

(iii)

a British citizen and an Irish citizen; or

(iv)

otherwise entitled to reside in Northern Ireland without any restriction on their period of residence;]

“remunerative work” means work of not less than 24 hours a week—

(a)

in respect of which payment is made; or

(b)

which is done in expectation of payment;

[F23 “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016.]

“the Taxes Act” means the Income and Corporation Taxes Act 1988M15 ;

“writing” includes writing produced by electronic communications used in accordance with regulation 39.

[F24 (3A) In these Regulations references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.]

F25 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 1(3) inserted (6.4.2012) by The Child Benefit (General) (Amendment) Regulations 2012 (S.I. 2012/818), regs. 1, 3

F2 Words in reg. 1(3) substituted (1.1.2010) by The Child Benefit and Guardians Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 5(2)

F3 Words in reg. 1(3) omitted (31.8.2015) by virtue of The Child Benefit (General) (Amendment) Regulations 2015 (S.I. 2015/1512), regs. 1, 2(a)

F4 Word in reg. 1(3) omitted (6.4.2016) by virtue of The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/360), regs. 1, 6(2)

F5 Words in reg. 1(3) substituted (6.4.2012) by The Child Benefit (General) (Amendment) Regulations 2012 (S.I. 2012/818), regs. 1, 4(b)

F6 Words in reg. 1(3) substituted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(2)(a)(i)

F7 Words in reg. 1(3) substituted (1.6.2017) by The Child Benefit (General) (Amendment) Regulations 2017 (S.I. 2017/607), regs. 1, 2(2)

F8 Words in reg. 1(3) substituted (29.7.2021) by The Tax Credits and Child Benefit (Miscellaneous and Coronavirus Amendments) Regulations 2021 (S.I. 2021/810), regs. 1, 3(2)

F9 Words in reg. 1(3) substituted (21.3.2019) by The Tax Credits, Child Benefit and Childcare Payments (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/364), regs. 1, 11(2)

F10 Words in reg. 1(3) substituted (6.4.2012) by The Child Benefit (General) (Amendment) Regulations 2012 (S.I. 2012/818), regs. 1, 5

F11 Words in reg. 1(3) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 66

F12 Word in reg. 1(3) omitted (6.4.2012) by virtue of The Child Benefit (General) (Amendment) Regulations 2012 (S.I. 2012/818), regs. 1, 6(a)

F13 Words in reg. 1(3) omitted (6.4.2012) by virtue of The Child Benefit (General) (Amendment) Regulations 2012 (S.I. 2012/818), regs. 1, 6(b)

F14 Words in reg. 1(3) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 84(2)(a)(i)

F15 Words in reg. 1(3) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 84(2)(a)(ii)

F16 Words in reg. 1(3) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 84(2)(a)(iii)

F17 Words in reg. 1(3) inserted (1.1.2021) by The Social Security, Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1505), regs. 1(1), 6(2)

F18 Words in reg. 1(3) inserted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(2)(b)

F19 Words in reg. 1(3) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 346(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F20 Words in reg. 1(3) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 346(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F21 Word in reg. 1(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 29

F22 Words in reg. 1(3) inserted (24.8.2020) by The Child Benefit and Child Tax Credit (Persons of Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/672), regs. 1, 2(2)

F23 Words in reg. 1 inserted (20.7.2018) by The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018 (S.I. 2018/788), regs. 1, 2(2)

F24 Reg. 1(3A) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 66(2)

F25 Reg. 1(4) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 84(2)(b)

Marginal Citations

M1 1989 c. 41.

M2 1995 c. 36.

M3 S.I. 1995/755 (N.I. 2).

M4 1973 c. 50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).

M5 The functions of the Secretary of State as respects education and training in Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Section 117(1) of that Act provides that so far as may be necessary in consequence of the exercise of a function by a member of the Scottish Executive within devolved competence a pre-commencement enactment is to be read as if references to a Minister of the Crown were references to the Scottish Ministers.

M6 1990 c. 35. Section 2 was amended by sections 47 and 51 of, and Schedule 10 to the Trade Union Reform and Employment Rights Act 1993 (c. 19).

M7 1950 c. 29 (N.I). Section 1 has been amended by S.I. 1974/2144 (N.I. 7), 1988/1087 (N.I. 10) and 1990/1200 (N.I. 8).

M8 2000 c. 21.

M9 1983 c. 20.

M10 2003 asp13.

M11 S.I. 1986/595 (N.I. 4).

M12 2000 c. 6.

M13 1995 c. 46.

M14 S.I. 1998/1504 (N.I. 9).

M15 1988 c. 1.