Social Security Contributions and Benefits (Northern Ireland) Act 1992

139 Meaning of “person responsible for [F1 child or qualifying young person]”. N.I.

(1) For the purposes of this Part of this Act a person shall be treated as responsible for a child [F2 or qualifying young person] in any week if—

(a) he has the child [F2 or qualifying young person] living with him in that week; or

(b) he is contributing to the cost of providing for the child [F2 or qualifying young person] at a weekly rate which is not less than the weekly rate of child benefit payable in respect of the child [F2 or qualifying young person] for that week.

(2) Where a person has had a child [F3 or 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 [F3 or 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 [F4 fact that the child or qualifying young person is]—

(a) receiving [F5 education 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 Article 15 or 36] of the M1 Health and Personal Social Services (Northern Ireland) Order 1972 [F8 or under the Children (Northern Ireland) Order 1995].

(4) The number of days that may be disregarded by virtue of subsection (3)(b) or (c) above in the case of any child [F9 or qualifying young person] shall not exceed such number as may be prescribed unless the person claiming to be responsible for the child [F9 or qualifying young person] regularly incurs expenditure in respect [F10 of 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 [F11 or qualifying young person] as required by subsection (1)(b) above; or

(b) as regularly incurring expenditure in respect of a child [F11 or 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 [F12 or civil partners] residing together is to be treated as made or incurred by the other.

Textual Amendments

F1 Words in s. 139 heading substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(7)

F2 Words in s. 139(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(2)

F3 Words in s. 139(2) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(3)

F4 Words in s. 139(3) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(4)(a)

F5 Words in s. 139(3)(a) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(4)(b)

F6 Word in s. 139(3)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(4)(c), Sch. 2 Pt. 2

F7 Words in s. 139(3)(c) substituted (22.11.2000) by 2000 c. 4 (N.I.), s. 63; S.R. 2000/358, art. 2(a), Sch. Pt. I

F8 Words in s. 139(3)(c) added (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 185; S.R. 1996/297, art. 2

F9 Words in s. 139(4) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(5)(a)

F10 Words in s. 139(4) substituted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(5)(b)

F11 Words in s. 139(5) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 35(6)

F12 Words in s. 139(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 100; S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 S.I. 1972/1265 (N.I. 14).