Modifications etc. (not altering text)

C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

Part IXE+W+S Child Benefit

143 Meaning of “person responsible for [F1child or qualifying young person]".E+W+S

(1)For the purposes of this Part of this Act a person shall be treated as responsible for a child [F2or qualifying young person] in any week if—

(a)he has the child [F2or qualifying young person] living with him in that week; or

(b)he is contributing to the cost of providing for the child [F2or qualifying young person] at a weekly rate which is not less than the weekly rate of child benefit payable in respect of the child [F2or qualifying young person] for that week.

(2)Where a person has had a child [F3or qualifying young person] living with him at some time before a particular week he shall be treated for the purposes of this section as having the child [F3or qualifying young person] living with him in that week notwithstanding their absence from one another unless, in the 16 weeks preceding that week, they were absent from one another for more than 56 days not counting any day which is to be disregarded under subsection (3) below.

(3)Subject to subsection (4) below, a day of absence shall be disregarded for the purposes of subsection (2) above if it is due solely to the [F4fact that the child or qualifying young person is]—

(a)receiving [F5education or training of a description prescribed by regulations made by the Treasury];

(b)undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(c)F6... in such circumstances as may be prescribed, in residential accommodation pursuant to arrangements made under—

[F7(i)paragraph 2 of Schedule 20 to the National Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006;]

(ii)the M1Children Act 1989;

[F8(iii)the Social Work (Scotland) Act 1968;

(iv)the National Health Service (Scotland) Act 1978;

(v)the Education (Scotland) Act 1980;

(vi)the Mental Health (Scotland) Act 1984;]

[F9(vii)the Children (Scotland) Act 1995; or

(viii)the Children’s Hearings (Scotland) Act 2011.]

(4)The number of days that may be disregarded by virtue of subsection (3)(b) or (c) above in the case of any child [F10or qualifying young person] shall not exceed such number as may be prescribed unless the person claiming to be responsible for the child [F10or qualifying young person] regularly incurs expenditure in respect [F11of him].

(5)Regulations may prescribe the circumstances in which a person is or is not to be treated—

(a)as contributing to the cost of providing for a child [F12or qualifying young person] as required by subsection (1)(b) above; or

(b)as regularly incurring expenditure in respect of a child [F12or qualifying young person] as required by subsection (4) above;

and such regulations may in particular make provision whereby a contribution made or expenditure incurred by two or more persons is to be treated as made or incurred by one of them or whereby a contribution made or expenditure incurred by one of two spouses [F13or civil partners] residing together is to be treated as made or incurred by the other.

Textual Amendments

F1Words in s. 143 heading substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(7)

F2Words in s. 143(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(2)

F3Words in s. 143(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(3)

F4Words in s. 143(3) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(4)(a)

F5Words in s. 143(3)(a) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(4)(b)

F6Word in s. 143(3)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(4)(c), Sch. 2 Pt. 1

F8S. 143(3)(c)(iii)-(vii) substituted for s. 143(3)(c)(iii) and word (9.10.2000) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 72, 86(1)(c)(2); S.I. 2000/2666, art. 2(2)

F10Words in s. 143(4) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(5)(a)

F11Words in s. 143(4) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(5)(b)

F12Words in s. 143(5) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 9(6)

Marginal Citations