Amendment of the principal RegulationsI12
1
The principal Regulations are amended in accordance with paragraphs (2) to (4) (but subject to regulation 3).
2
In Part II, before regulation 5 insert—
Persons to be treated as responsible for children4A
1
For the purposes of this Part, subject to paragraph (4), a person (“P”) is to be treated as responsible for a child if paragraph (2) or (3) applies.
2
This paragraph applies if—
a
P is receiving child benefit in respect of the child, unless P is a child in respect of whom another person is receiving child benefit; or
b
no one is receiving child benefit in respect of the child but the child usually lives with P.
3
This paragraph applies where P is receiving child benefit in respect of a child who is in receipt of child benefit in respect of another child, in which case P is to be treated as responsible for both children.
4
P is not to be treated as responsible for a child if the child is—
a
being looked after by a authority within the meaning given by Article 2 of the Children Order6 unless the child usually lives with P; or
b
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
3
In regulation 57(entitlement)—
a
in paragraph (1) for “regulation 6” substitute “ regulations 5A and 6”;
b
for paragraph (3)(b) substitute—
b
the child’s parents are not partners at the date of the claim and the claimant—
i
is the parent (but not the mother) of the child (who must not exceed the age of twelve months at the date of the claim), or is responsible for that parent, and
ii
is responsible for the child;
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