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Regulation 2(1)
1.—(1) In this Memorandum, unless the context otherwise requires:—
“legislation” means
“the Residence and Persons Abroad Regulations” means
“claimant” means
“determining authority” means
“schemes” means
“territory” means
(2) Unless the context requires otherwise, in the application of this Memorandum to a territory, expressions used in this memorandum shall have the same respective meanings as in the Act or the Order which relates to that territory.
(3) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of this Memorandum as they apply for the purposes of the interpretation of an Act of Parliament.
2. For the purposes of all or any of the provisions of the schemes of child benefit established by the Act or by the Order, acts, omissions and events, and in particular presence, employment and the claiming or payment of child benefit, having effect for all or any of those purposes in one territory shall have corresponding effect for all or any of those purposes in the other territory.
3. An appeal from or review of any decision of a determining authority under the legislation of one territory may, if the claimant is in the other territory, be decided by a determining authority under the legislation of the other territory.
4. Part II of the Residence and Persons Abroad Regulations shall not apply to a person who is absent from a territory for any period during which he is present in the other territory.
5. Notwithstanding the provisions of Articles 2 and 3 of this Memorandum:—
(a)where a person would be entitled to child benefit in respect of the same child for the same week under both the Act and the Order, he shall only be entitled to the benefit payable under the legislation of the Party in whose territory he is present;
(b)where two or more persons would be entitled to child benefit in respect of the same child for the same week under the Act or the Order or both, one of them only shall be entitled; and the question of which of them is entitled shall be determined in accordance with the legislation of the Party in whose territory the child is present.
6. The arrangements in this Memorandum shall come into operation on 7th February 1977, but either Party may terminate them by giving not less than six months' notice in writing to the other.
Regulation 2(2)
1 | 2 | 3 |
---|---|---|
Provision of the Child Benefit Act 1975 | Provision of the Child Benefit (Northern Ireland) Order 1975 | Subject matter |
Section 11 | Article 13 | Offences and prosecutions |
Section 12 | Article 14 | Benefit to be inalienable |
Signed, on 16th November 1976.
David Ennals
Secretary of State for Social Services
We consent.
J. Dormand
David Stoddart
Two of the Lords Commissioners of Her Majesty's Treasury
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 8th December 1976.
N. Dugdale
Secretary
The Department of Finance for Northern Ireland hereby consents.
W.E. Bell
Secretary
Sealed with the Official Seal of the Department of Finance for Northern Ireland on 9th December 1976
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