The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Social Security (General Benefit) Regulations 1974

5.—(1) The Social Security (General Benefit) Regulations 1974, as amended(1), shall be further amended in accordance with the following provisions.

(2) In paragraph (2) of regulation 1 (interpretation)—

(a) after the definition of “the 1965 Act” there shall be inserted the following definitions:—

“`the 1975 Act' means the Social Security Act 1975;

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

(b) after the definition of “the standard rate of increase” there shall be inserted the following definitions:—

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

`entitled to child benefit' includes treated as so entitled;”

(3) In regulation 3 (increase of certain benefits for female person having care of a child)—

(a) in paragraph (1), for the words from “section 34(3)(c)” to the end of the paragraph there shall be substituted the words “section 44(3)(c) of the 1975 Act (increase of unemployment or sickness benefit or a maternity allowance in respect of a female person, not being a child, who has the care of a child or children in respect of whom the beneficiary is entitled to child benefit).”;

(b) in paragraph (2)(a), for the words “of the beneficiary's family as specified in section 34(3)(c)” there shall be substituted the words “as specified in the said section 44(3)(c)”;

(c) in paragraph (2)(d), for the words “of the beneficiary's family” there shall be substituted the words “in respect of whom the beneficiary is entitled to child benefit” and for “34(1)” there shall be substituted “44(1) of the 1975 Act”;

(d) in paragraph (2)(e) for “43” there shall be substituted the words “131 of the 1975 Act”.

(4) In regulation 4 (increase of pension for female person having care of child)—

(a) in the opening words of paragraph (1), for “35(3)” there shall be substituted “46(2) of the 1975 Act” and for the words “of the pensioner's family” there shall be substituted the words “in respect of whom the pensioner is entitled to child benefit”;

(b) in sub-paragraph (a) of paragraph (1), for the words from “a child or children” where those words first occur down to “(increases of benefit for child dependants)” there shall be substituted the words “such child or children”;

(c) in sub-paragraph (b)(ii) of paragraph (1), for the words “of his family” there shall be substituted the words “in respect of whom the pensioner is entitled to child benefit”;

(d) in sub-paragraph (d) of paragraph (1), for “43” there shall be substituted the words “131 of the 1975 Act”;

(e) in paragraph (2), for “35(3)” in both places where it occurs there shall be substituted the words “the said section 46(2)”.

(5) In regulation 6 (contribution to maintenance of adult dependant)—

(a) in paragraph (1)—

(i) for the words “section 34(1) or 35(1)” where they occur the first time there shall be substituted the words “section 44(1) or 45(2) of the 1975 Act” and where they occur the second time there shall be substituted the words “the said section 44(1) or 45(2)”;

(ii) for the words “having the care of a child of the beneficiary's family” there shall be substituted the words “who has the care of a child or children in respect of whom the beneficiary is entitled to child benefit”;

(b) in paragraph (2), for “34(1)” there shall be substituted “44(1) of the 1975 Act” and for “34(2)” there shall be substituted “44(2) of the 1975 Act”;

(c) in paragraph (3), for “34(1)(b)” there shall be substituted “44(1)(b) of the 1975 Act”.

(6) In regulation 8 (contribution towards cost of providing for child)—

(a) in paragraph (1), for the words from “Where, apart from section 33(1)” down to “for the purposes of section 33(1)”, there shall be substituted the following words:—

“Where, apart from section 43(1) of the 1975 Act, a person is entitled to receive, in respect of a particular child, payment under the 1975 Act of an amount by way of a child's special allowance (section 31), or a guardian's allowance (section 38) or of an increase under any of the provisions of section 41 of any benefit for any period, and neither of the conditions set out in section 43(1), that is to say—

(a) that the beneficiary would be treated for the purposes of the Child Benefit Act as having the child living with him; or

(b) that the requisite contributions are being made to the cost of providing for the child,

is satisfied, that person shall nevertheless for the purposes of the said section 43(1)”;

(b) for paragraph (2), there shall be substituted the following paragraph:—

“(2) Where, for the purposes of section 41 of the 1975 Act, a beneficiary, being a man, is entitled to an increase or allowance under the said section 41 in respect of both a child regarded for the purposes of the Child Benefit Act as living with him and a child who is not to be so regarded but who is the elder or eldest child, he shall be deemed for the purposes of section 43(1) of the 1975 Act to be making the requisite contribution to the cost of providing for such elder or eldest child if he contributes at a rate not less than the lowest rate at which the particular allowance or increase becomes payable in his case.”.

(7) In regulation 10 (allocation of contributions for wife or children)—

(a) in paragraph (1), “32(3)” shall be omitted and for “29(c)(i),” “33(1)(b)”, “34(1)(a)(ii)” and “35(1)(b)” there shall be substituted “31(c)(i) of the 1975 Act”, “43(1)(b) of the 1975 Act”, “44(1)(a)(ii) of the 1975 Act” and “45(2)(b) of the 1975 Act” respectively;

(b) in paragraph (2), for the words from “the child or children” down to the end of the paragraph there shall be substituted the words “the wife is entitled to child benefit in respect of the child or children”;

(c) for paragraph (3), there shall be substituted the following paragraph:—

“(3) Except for the purposes of section 31(c)(i) of the 1975 Act (child's special allowance) the children to whom this regulation refers are any children in respect of whom, in the period for which the sum in question is paid by the person, that person is entitled to child benefit, or could have been treated as if he were so entitled to child benefit, or could have been treated as if he were so entitled by virtue of regulations, had he contributed to the cost of providing for the child at a sufficient weekly rate.”;

(d) in paragraph (4), for “29(c)(i)” and “29(b)” there shall be substituted “31(c)(i) of the 1975 Act” and “31(b) of the 1975 Act” respectively.

(8) In regulation 14, for the words “of the family, or” there shall be substituted the words “in respect of whom the payee is entitled to child benefit, or as being”.

(9) In paragraph (1) of regulation 15, the words from “so however that” to the end of the paragraph shall be omitted.

(1)

The relevant amending instruments are S.I. 1975/458, 2126 (1975 I, p. 1401; III, p. 7930).