Introductory
2Eligible children
1
For the purposes of this Act a child is an “eligible child” if the child was born after 31st August 2002 and either—
a
a person is entitled to child benefit in respect of the child, or
b
entitlement to child benefit in respect of the child is excluded by the provisions specified in subsection (2)(a) or (b) (children in care of authority),
but subject as follows.
2
The provisions referred to in subsection (1)(b) are—
a
paragraph 1(c) of Schedule 9 to the Social Security Contributions and Benefits Act 1992 (c. 4) and regulations made under it, and
b
paragraph 1(1)(f) of Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and regulations made under it.
3
Where entitlement to child benefit in respect of a child is excluded because of a directly applicable Community provision or an international agreement, subsection (1) applies as if that exclusion did not apply.
4
Where a person is entitled to child benefit in respect of a child only because of a directly applicable Community provision or an international agreement, subsection (1) applies as if the person were not so entitled.
5
A child who—
a
does not have the right of abode in the United Kingdom within the meaning given by section 2 of the Immigration Act 1971 (c. 77),
b
is not a qualified person, or a family member of a qualified person, within the meaning of the Immigration (European Economic Area) Regulations 2000 (S.I. 2000/2326), and
c
is not settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971,
is not an eligible child.
6
A person is not to be regarded for the purposes of subsection (1)(a) as entitled to child benefit in respect of a child (otherwise than by virtue of subsection (3)) unless it has been decided in accordance with—
a
Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14), or
b
Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)),
that the person is so entitled (and that decision has not been overturned).
7
Regulations may amend subsection (1) by substituting for the reference to 31st August 2002 a reference to an earlier date.