The Child Benefit (General) Regulations 1976 (revoked)

Citation, commencement and interpretation E+W+S

1.—(1) These regulations may be cited as the Child Benefit (General) Regulations 1976 and shall come into operation on 8th August 1976.

(2) In these regulations, unless the context otherwise requires—

“the Act” means the Child Benefit Act 1975;

“the Social Security Act” means the Social Security Act 1975 M1 ;

“the Taxes Act” means the Income and Corporation Taxes Act 1970 M2 ,

[F1 "advanced education" means full-time education for the purposes of—

(a)

a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or

(b)

any other course which is of a standard above ordinary national diploma, a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;]

“benefit” means child benefit under the Act;

“the Department” means [F2 the Department of Social Security];

“[F1 full-time education” means—

(a)

full-time education by attendance at a recognised educational establishment; or

(b)

full-time education, elsewhere than at a recognised educational establishment, where the education is recognised by the Secretary of State under section 2 of the Act; or

(c)

education treated as full-time under regulation 5;]

[F3 “remunerative work” means work of not less than 24 hours a week—

(a)

in respect of which payment is made; or

(b)

which is done in expectation of payment;

“youth training scheme” means—

(a)

arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State);

(b)

arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces); or

(c)

for the purposes of the application of Council Regulation (EEC) No. 1408/71, any corresponding provisions operated in another member State, [F4 or section 2 of the Enterprise and New Towns (Scotland) Act 1990]

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.]

and other expressions have the same meanings as in the Act.

(3) References in these regulations to any condition being satisfied or any facts existing in a week shall, unless they relate to paragraph 1 of Schedule 1 to the Act (children in detention, care etc.) be construed as references to the condition being satisfied or the facts existing at the beginning of that week.

(4) Unless the context otherwise requires, any reference in these regulations to—

(a) a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;

(b) any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.

(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 M3 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

Textual Amendments

F1 Words in reg. 1(2) substituted (6.4.1987) by The Child Benefit (General) Amendment Regulations 1987 (S.I. 1987/357), regs. 1, 3

F2 Words in reg. 1(2) substituted (28.11.1988) by The Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), arts. 1, 3(4)

F3 Words in reg. 1(2) inserted (5.8.1988) by The Child Benefit (General) Amendment Regulations 1988 (S.I. 1988/1227), regs. 1(1)(a), 2

F4 Words in reg. 1(2) inserted (S.) (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

Marginal Citations

M1 1975 c. 14.

M2 1970 c. 10

M3 1889 c. 63.