The Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment Regulations 1991

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2 of the principal Regulations (weekly rates of child benefit)—

(a) in paragraph (1), for the words “shall be £7.25.” there shall be substituted the words

• “shall be—

  (a)

  subject to paragraphs (2ZA) and (2ZB) of this regulation, in a case where in any week that child is the only child, or if not the only child, the elder or eldest child in respect of whom child benefit is payable to a person, £8.25; and

  (b)

  in any other case, £7.25.”;

(b) after paragraph (2) there shall be inserted the following paragraphs—

“(2ZA) Where in any week—

(a) a person—

(i) is residing with his spouse; or

(ii) is living with any other person as his spouse; or

(iii) is a member of a polygamous marriage and is residing with other members of that marriage; and

(b) child benefit would, but for this paragraph, be payable to that person in respect of a child at the weekly rate specified in paragraph (1)(a) of this regulation; and

(c) child benefit would, but for this paragraph, be payable at that rate to his spouse or that other person or any other members of that polygamous marriage, as the case may be, in respect of another child,

the rate specified in paragraph (1)(a) of this regulation shall be payable in that week in respect of one only of the children mentioned in sub-paragraphs (b) and (c) of this paragraph, being the elder, or if there are more than two children, the eldest of those children.

(2ZB) Child benefit shall not be payable at the rate specified in paragraph (1)(a) of this regulation where the person to whom child benefit is payable is a voluntary organisation.”;

(c) after paragraph (5) there shall be inserted the following paragraph—

“(6) For the purposes of paragraph (2ZA) of this regulation a person is a member of a polygamous marriage if—

(a) during the subsistence of the marriage any party to it is married to more than one person; and

(b) the ceremony of marriage took place under the law of a country which permits polygamy.”.