The Social Security (General Benefit) Regulations 1982

Circumstances in which a person is to be treated as if he were entitled to child benefit for the purposes of section 70

35.—(1) Any person to whom section 70 (industrial death benefit for children) applies shall, for the purposes of the said section 70, be treated as if he were entitled to child benefit in respect of a child if the period in question is one throughout which—

(a) that person, or his spouse with whom he is residing, would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which birth occurred; or

(b) that person satisfies the conditions for entitlement to child benefit with the exception only of a condition in section 6(2) or section 13(3)(b) of the Child Benefit Act (period for which claim to child benefit may be effective and condition relating to presence in Great Britain respectively) or regulations(1) made under the latter section.

(2) For the purpose of determining whether a person is entitled to industrial death benefit for a child under section 70, where in respect of a child the said benefit is payable to a person for a continuous period of 7 days and would have been payable to that person for the immediately preceding 7 days had he been entitled to child benefit in respect of that child for an earlier week, he shall be treated as if he were entitled to child benefit for that earlier week.

(3) The expression `earlier week' in paragraph (2) means the week immediately preceding the first week for which the person referred to in that paragraph was entitled to child benefit in respect of the child referred to in that paragraph.

(4) For the purposes of paragraph (1) the word `week' has the meaning assigned to it by section 24(1) of the Child Benefit Act.

(1)

See S.I. 1976/963 regulation 5, as amended by S.I. 1976/1758.