SCHEDULES

Section 140(3).

SCHEDULE 10N.I. Priority Between Persons Entitled to Child Benefit

Modifications etc. (not altering text)

C1Sch. 10 modified (7.4.2003 immediately after 2002 c. 21, s. 49 comes into force) by The Child Benefit (General) Regulations 2003 (S.I. 2003/493), regs. 1(1), 15

Person with prior awardN.I.

1(1)Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child [F1or qualifying young person] for any week and a person to whom child benefit in respect of that child [F2or qualifying young person] for that week has already been awarded when the claim is made, the latter shall be entitled.N.I.

(2)Sub-paragraph (1) above shall not confer any priority where the week to which the claim relates is later than the third week following that in which the claim is made.

Textual Amendments

F1Words in Sch. 10 para. 1(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 44(2)(a)

F2Words in Sch. 10 para. 1(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 44(2)(b)

Person having child [F3or qualifying young person] living with himN.I.

Textual Amendments

F3Words in Sch. 10 para. 2 cross-heading inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 44(3)

2N.I.Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 139 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.

[F4Opposite-sex spouses or civil partners N.I.

Textual Amendments

F4Sch. 10 para. 3 substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(20)(a) (with regs. 6-9)

3N.I.Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.]

ParentsN.I.

4(1)Subject to paragraphs 1 to 3 above, as between a person who is and one who is not a parent of the child [F5or qualifying young person] the parent shall be entitled.N.I.

(2)Subject as aforesaid, as between two persons residing together who are parents of the child [F5or qualifying young person] but [F6do not fall within paragraph 3], the mother shall be entitled.

Textual Amendments

F5Words in Sch. 10 para. 4 inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 44(4)

F6Words in Sch. 10 para. 4(2) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 66(20)(b) (with regs. 6-9)

Other casesN.I.

5N.I.As between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Department may in its discretion determine.

SupplementaryN.I.

6(1)Any election under this Schedule shall be made in the prescribed manner.N.I.

(2)Regulations may provide for exceptions from and modifications of the provisions of paragraphs 1 to 5 above in relation to such cases as may be prescribed.