Search Legislation

Social Security Contributions and Benefits (Northern Ireland) Act 1992

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Social Security Contributions and Benefits (Northern Ireland) Act 1992, Section 77 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act modified by S.R. 2019/211 art. 2(2)(b) (This amendment not applied to legislation.gov.uk. Affecting Order revoked (19.12.2020) without ever being in force by S.R. 2020/347, arts. 1(1), 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

77 Guardian’s allowance.N.I.

(1)A person shall be entitled to a guardian’s allowance in respect of a child [F1or qualifying young person] if—

(a)he is entitled to child benefit in respect of that child [F2or qualifying young person], and

(b)the circumstances are any of those specified in subsection (2) below;

F3...

(2)The circumstances referred to in subsection (1)(b) above are—

(a)that both of the [F4parents of the child or qualifying young person] are dead;

(b)that one of the [F4parents of the child or qualifying young person] is dead and the person claiming a guardian’s allowance shows that he was at the date of the death unaware of, and has failed after all reasonable efforts to discover, the whereabouts of the other parent; or

(c)that one of the [F4parents of the child or qualifying young person] is dead and the other is in prison.

(3)There shall be no entitlement to a guardian’s allowance in respect of a child [F5or qualifying young person] unless at least one of the [F6parents of the child or qualifying young person] satisfies, or immediately before his death satisfied, such conditions as may be prescribed as to nationality, residence, place of birth or other matters.

(4)Where, apart from this subsection, a person is entitled to receive, in respect of a particular child [F7or qualifying young person], payment of an amount by way of a guardian’s allowance, that amount shall not be payable unless one of the conditions specified in subsection (5) below is satisfied.

(5)Those conditions are—

(a)that the beneficiary would be treated for the purposes of Part IX of this Act as having the child [F8or qualifying young person] living with him; or

(b)that the requisite contributions are being made to the cost of providing for the child [F8or qualifying young person].

(6)The condition specified in subsection (5)(b) above is to be treated as satisfied if, but only if—

(a)such contributions are being made at a weekly rate not less than the amount referred to in subsection (4) above—

(i)by the beneficiary; or

(ii)where the beneficiary is one of two spouses [F9or civil partners] residing together, by them together; and

(b)except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.

(7)A guardian’s allowance in respect of a child [F10or qualifying young person] shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 5.

(8)Regulations—

(a)may modify subsection (2) or (3) above in relation to cases in which a child [F11or qualifying young person] has been adopted or is illegitimate, or the marriage of [F12the parents of a child or qualifying young person] has been terminated by divorce [F13or the civil partnership of the [F12the parents of a child or qualifying young person] has been dissolved];

(b)shall prescribe the circumstances in which a person is to be treated for the purposes of this section as being in prison (by reference to his undergoing a sentence of imprisonment for life or of a prescribed minimum duration, or to his being in legal custody in prescribed circumstances); and

(c)may, for cases where entitlement to a guardian’s allowance is established by reference to a person being in prison, provide—

(i)for requiring him to pay to the National Insurance Fund sums paid by way of a guardian’s allowance;

(ii)for suspending payment of an allowance where a conviction, sentence or order of a court is subject to appeal, and for matters arising from the decision of an appeal;

(iii)for reducing the rate of an allowance in cases where the person in prison contributes to the cost of providing for the child [F11or qualifying young person].

(9)Where [F14a man and woman are married to, or civil partners of, each other and are residing together,] and, apart from this subsection, they would each be entitled to a guardian’s allowance in respect of the same child [F15or qualifying young person], only [F16the woman] shall be entitled, but payment may be made either to her or to him unless she elects in the prescribed manner that payment is not to be made to him.

(10)Subject to subsection (11) below, no person shall be entitled to a guardian’s allowance in respect of a child [F17or qualifying young person] of which he or she is the parent.

(11)Where a person—

(a)has adopted a child [F18or qualifying young person]; and

(b)was entitled to guardian’s allowance in respect of the child [F18or qualifying young person] immediately before the adoption,

subsection (10) above shall not terminate his entitlement.

Textual Amendments

F3Words in s. 77(1) repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (with savings in S.R. 2003/212, art. 2)

Modifications etc. (not altering text)

C1S. 77: functions of the Northern Ireland Department transferred (prosp.) to the Treasury by Tax Credits Act 2002 (c. 21), ss. 49(2), 61 (with s. 54(1)(3)(4)(6)(8))

C2S. 77: transfer of functions (1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), ss. 49(2)(a), 61 (with s. 54(1)(3)(4)(6)(8)); S.I. 2003/392, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources