Amendment of the Social Security Benefit (Dependency) Regulations

5.—(1) The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(1) shall be amended in accordance with paragraph (2).

(2) For regulation 4B(2) (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled), there shall be substituted—

“Circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled

4B.—(1) For the purposes of the following provisions of the Contributions and Benefits Act(3)—

(a)section 56 (child’s special allowance);

(b)section 77 (guardian’s allowance);

(c)section 80(4) (increase in benefit for beneficiary’s dependent children);

(d)section 82(4) (short-term benefits — increase for adult dependants);

(e)section 85(2) (pension increase (person with care of children));

(f)section 90(5) (increase in benefits for beneficiaries under sections 68 and 70), and

(g)paragraphs 4(1) (unemployability supplement: increase for beneficiary’s dependent children) and 6(1) (unemployability supplement: increase for dependent adults) of Schedule 7,

a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for the periods referred to in paragraph (2).

(2) The periods referred to in paragraph (1) are—

(a)any period throughout which—

(i)the person referred to in paragraph (1), not being a parent of the child, does not fall to be treated as responsible for the child under section 139(1)(a) of the Contributions and Benefits Act (meaning of “person responsible for child”), and

(ii)a parent of that child falls to be treated as responsible for the child under the said section 139(1)(a);

(b)any period throughout which—

(i)the person referred to in paragraph (1), not being a parent of that child, falls to be treated as responsible for the child under the said section 139(1)(a), and

(ii)a parent of that child also falls to be treated as responsible for the child under the said section 139(1)(a); or

(c)any day following the day on which that child died.

(3) Sub-paragraph (b) of paragraph (2) shall not apply in the case of a person who is wholly or mainly maintaining the child referred to in that sub-paragraph.

(4) For the purposes of the following provisions of the Contributions and Benefits Act—

(a)section 37(1) (entitlement to a widowed mother’s allowance);

(b)section 39A(2) (entitlement to a widowed parent’s allowance);

(c)section 56(1)(b);

(d)section 77(1);

(e)section 80;

(f)section 82(4);

(g)section 85(2);

(h)section 90, and

(i)paragraphs 4(1), 6(1) and 18(1)(a)(ii) of Schedule 7 (industrial death benefit: child of deceased’s family),

a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for any period for which that benefit is not payable by virtue of any of the provisions referred to in paragraph (5).

(5) The provisions referred to in paragraph (4) are—

(a)regulation 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child);

(b)regulation 8 (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education);

(c)regulation 9 (child receiving training under a relevant training scheme);

(d)regulation 9A (child receiving income support, income-based jobseeker’s allowance or incapacity benefit); or

(e)regulation 9C (child receiving financial support for vocational training),

of the Child Benefit (General) Regulations (Northern Ireland) 1979(6) or any provision contained in regulations made under section 140(1) of the Contributions and Benefits Act (exclusion from child benefit) in so far as those regulations provide that child benefit is not to be payable by virtue of section 138(1)(b) of that Act (meaning of “child”) and regulations made thereunder.”.

(2)

Regulation 4B was inserted by regulation 2 of S.R. 1980 No. 144 and amended by S.R. 1984 No. 373, S.R. 1987 No. 129, S.R. 1988 No. 138 and S.R. 1989 No. 103

(3)

The definition of “the Contributions and Benefits Act” was inserted by regulation 2(2) of S.R. 1992 No. 521

(4)

Section 80 was amended by Article 4(3) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I.15)) and is amended by paragraph 10 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and Article 8 of S.R. 2001 No. 41

(5)

Section 90 is amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(6)

S.R. 1979 No. 5; regulation 7 was substituted by regulation 3 of S.R. 1980 No. 261 and amended by regulation 2 of S.R. 1982 No. 114, regulation 4 of S.R. 1987 No. 130 and regulation 4 of S.R. 1988 No. 273; regulations 9 and 9A were substituted by regulation 2 of S.R. 2000 No. 361 and regulation 9C was inserted by regulation 3 of S.R. 1989 No. 102