The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Social Security (Overlapping Benefits) Regulations 1975

10.—(1) The Social Security (Overlapping Benefits) Regulations 1975, as amended(1), shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “the deceased” there shall be inserted the following definitions:—

“`the Child Benefit Act' means the Child Benefit Act 1975;

`child benefit' means benefit under Part I of the Child Benefit Act;”.

(3) In regulation 6 (adjustment of dependency benefit in respect of a child where other dependency benefit is payable for that child)—

(a) in paragraph (1), after the word “allowance” there shall be inserted the words “or is a guardian's allowance under section 38, the other dependency benefit not being benefit under either the said section 38 or 70,”;

(b) in paragraph (4)—

(i) after the word “allowance”, there shall be inserted the words “or is a guardian's allowance”,

(ii) after the word “other” there shall be inserted the word “dependency”,

(iii) after the words “death benefit” where it last occurs there shall be inserted the words “or, as the case may be, guardian's allowance”.

(4) After the said regulation 6 there shall be inserted the following regulation:—

“Adjustment of dependency benefit in respect of a child where increase in the weekly rate of child benefit is payable for that child

6A.— (1) Subject to paragraph (2), for any period for which child benefit is payable at an increased rate by virtue of regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 and for the same period in respect of the same child any benefit or allowance or an increase of a benefit or allowance under the Act or any allowances under the Industrial Injuries and Diseases (Old Cases) Act 1975 would, but for this regulation, be payable to a beneficiary at the rate applicable in the case of an only, elder or eldest child, the weekly rate of such benefit or allowance or of any increase thereof shall be reduced by the amount of the increase payable by virtue of the said regulation 2(2).

(2) Paragraph (1) shall not apply where the beneficiary satisfies the requisite contribution conditions for the purposes of sections 43(1) and 65(1) of the Act by virtue only of regulation 5(4) of the Social Security Benefit (Dependency) Regulations 1977 (circumstances in which a person is entitled in respect of a child not living with him to an increase of benefit or allowance at the weekly rate appropriate to an only, elder or eldest child notwithstanding that he is not contributing to the cost of providing for that child at a weekly rate not less than that of the increase of benefit).”.

(5) For regulation 12 there shall be substituted the following regulation:—

“Priority between persons entitled to increase of benefit

12.— (1) Subject to paragraphs (5) and (6), the following provisions shall apply for the purpose of determining priority as between two persons entitled to an increase of benefit under the Act in respect of a third person.

(2) Where, but for the provisions of this paragraph, a man and his wife would both be entitled to an increase of retirement pension (being an increase of a Category A or Category C pension in his case and a Category B or Category C pension in hers) in respect of one child only (“the increase”) or in respect of different children at the rate applicable in the case of an only, elder or eldest child (“increase at the higher rate”) that man shall, and his wife shall not, be entitled to the increase or, as the case may be, to any increase at the higher rate; and he shall be treated as so entitled during any period for which he would be entitled but for the operation of any provision of the Act, with the exception of section 82(5)(b) (disqualification while undergoing imprisonment or detention) disqualifying him for receipt of benefit.

(3) Subject to paragraphs (5) and (6), where, but for the provisions of this paragraph, more than one person would be entitled to an increase of benefit in respect of the same child for the same period—

(a) in a case where one of those persons has been awarded child benefit in respect of a child for that period, that one of them shall be entitled to the said increase;

(b) in a case where sub-paragraph (a) above does not apply but where the child is living with one and no other of those persons for that period, that one of them with whom the child is living shall be entitled to the said increase;

(c) in a case where neither sub-paragraph (a) nor sub-paragraph (b) above applies but where one of those persons is a parent of the child, that one of them shall be entitled to the said increase.

(4) Subject to paragraphs (5) and (6), where, but for the provisions of this paragraph, more than one person would be entitled to an increase of benefit in respect of an adult dependant for the same period—

(a) in a case where one of those persons is the spouse of the adult dependant that one of them shall be entitled to the said increase;

(b) in a case where sub-paragraph (a) above does not apply that one of them with whom the adult dependant is residing shall be entitled to the said increase.

(5) Nothing in paragraphs (3) and (4) shall prevent a written notice signed by one or, as the case may be, a majority of the said persons designating another of them as the person to be entitled to the increase, being sent to the Secretary of State; so however that such notice shall not be effective to confer entitlement to an increase in respect of any period for which such increase has already been paid to someone other than the person so designated.

(6) Nothing in paragraphs (3) and (4) shall prevent a person who, in accordance with any of those paragraphs, is not entitled to an increase from being paid an amount equivalent to the amount, if any, by which the increase which would otherwise have been paid to such person exceeds the increase payable to the person entitled by virtue of any of the said paragraphs.”.

(1)

The relevant amending instruments are S.I. 1976/409, 1736 (1976 I, p. 1087; III, p. 4596).