The Social Security (Child Benefit Consequential) Regulations 1977

Transitory provision

21.—(1) Where at any time after 3rd April 1977 but before 4th April 1978 a person makes a claim for child dependency benefit in respect of a child (that is to say makes a claim for a benefit or an allowance or an increase of a benefit or an allowance under the Act in respect of a child) that person may be treated as if he were entitled to child benefit in respect of that child for a continuous period not exceeding 2 months (3 months if that claim is made before 4th July 1977) beginning with the date with effect from which the child dependency benefit is claimed or 4th April 1977, whichever is the later if—

(a) a claim to child benefit has been made in respect of that child;

(b) the determining authority is satisfied that that period is one in respect of which that person is likely to be entitled or (otherwise than by virtue of this paragraph) treated as if he were entitled to child benefit in respect of that child; and

(c) in a case where the claim for child dependency benefit is made after 3rd July 1977, that claim was made within a period of 1 month beginning with the day on which the child in question was born.

(2) In paragraph (1) “determining authority” means, as the case may require, an insurance officer appointed under section 97(1), a local tribunal constituted under section 97(2), or a Commissioner.