The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

PART 3 U.K. PAYMENTS

Manner of payment U.K.

16.—(1) Subject to regulation 17, child benefit or guardian’s allowance shall be paid by means of an instrument of payment or by such other means as appears to the Board to be appropriate in the circumstances of the particular case.

(2) If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid in the same manner as that in which the child benefit is paid under this regulation.

(3) Instruments of payment which have been issued by the Board remain their property.

(4) A person who has an instrument of payment must on ceasing to be entitled to the benefit or allowance to which the instrument relates, or when required to do so by the Board, deliver it to the Board or such person as the Board may direct.

Commencement Information

I1 Reg. 16 in force at 7.4.2003, see reg. 1

Direct credit transfers U.K.

17.—(1) The Board may make an arrangement with a person claiming, or entitled to, child benefit or guardian’s allowance for the payment of the benefit or allowance by way of direct credit transfer in accordance with paragraphs (2) to (4).

(2) The direct credit transfer shall be into a bank account or other account—

(a) in the name of—

(i) the person entitled to the benefit or allowance,

(ii) that person’s partner, or

(iii) a person acting on behalf of that person; or

(b) in the joint names of the person entitled to benefit and—

(i) that person’s partner, or

(ii) a person acting on that person’s behalf.

(3) Subject to paragraph (4), the benefit or allowance shall be paid within seven days of the last day of each successive period of entitlement.

(4) The Board may make a particular payment by direct credit transfer otherwise than is provided by paragraph (3) if it appears to them appropriate to do so for the purpose of—

(a) paying any arrears of benefit or allowance, or

(b) making a payment in respect of a terminal period of an award for any similar purpose.

(5) Where an arrangement is made under paragraph (1)—

(a) in relation to child benefit, any guardian’s allowance to which the person entitled to the child benefit is entitled shall be paid in the same manner as the child benefit;

(b) in relation to guardian’s allowance, the child benefit to which the person entitled to the guardian’s allowance is entitled shall be paid in the same manner as the guardian’s allowance.

(6) An arrangement made under paragraph (1) may be terminated—

(a) by the person entitled to benefit, or by a person acting on behalf of that person, giving a notice in writing to the Board; or

(b) by the Board if the arrangement seems to them to be no longer appropriate to the circumstances of the particular case.

(7) A person giving a notice under paragraph (6)(a) must deliver or send it to an appropriate office as regards the Board.

Commencement Information

I2 Reg. 17 in force at 7.4.2003, see reg. 1

Time of payment U.K.

18.—(1) Subject to paragraphs (2) to (4), child benefit and guardian’s allowance shall be paid in accordance with an award as soon as reasonably practicable after the award has been made.

(2) Child benefit shall be paid—

(a) if a person entitled to it makes an election under regulation 19 or 20, weekly beginning with the first convenient date after the election has been made;

(b) in any other case, in the last week of each successive period of four weeks of the period of entitlement.

(3) Where benefit is paid at four-weekly intervals in accordance with paragraph (2)(b), the Board must arrange for it to be paid weekly if they are satisfied that payment at intervals of four weeks is causing hardship.

(4) If a person who has made a claim for child benefit is also entitled to guardian’s allowance, the allowance shall be paid at the same intervals as the child benefit.

(5) The Board must take steps to notify persons to whom child benefit or guardian’s allowance is payable of the arrangements they have made for payment in so far as those arrangements affect those persons.

Commencement Information

I3 Reg. 18 in force at 7.4.2003, see reg. 1

Persons who may elect to have child benefit paid weekly U.K.

19.—(1) A person may make an election under this regulation to have child benefit paid weekly if—

(a) he is a lone parent; or

(b) he or his partner is receiving—

(i) income support; or

(ii) an income-based allowance payable under Part 1 of the Jobseekers Act 1995(1) or Part 2 of the Jobseekers (Northern Ireland) Order 1995(2).

(2) “Lone parent” means a person who has no partner and is entitled to child benefit in respect of a child [F1 or qualifying young person] for whom he is responsible.

(3) A person making an election under this regulation—

(a) must furnish, in such manner and at such times as the Board may determine, such certificates, documents, other information or facts as the Board may require which may affect his right to receive payment of the benefit weekly; and

(b) as soon as reasonably practicable after any change of circumstances which he might reasonably be expected to know might affect that right, must notify the Board in writing of that change in accordance with paragraph (4).

(4) A notification under paragraph (3)(b) must be delivered or sent to an appropriate office as regards the Board.

Textual Amendments

F1 Words in reg. 19(2) inserted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(5)

Commencement Information

I4 Reg. 19 in force at 7.4.2003, see reg. 1

Elections for weekly payment by persons to whom child benefit was payable for a period beginning before and ending after 15th March 1982 U.K.

20.—(1) This regulation applies to a person to whom child benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982.

(2) A person to whom this regulation applies may make an election to have the benefit paid weekly after 15th March 1982 if—

(a) he makes it before the end of the period of 26 weeks beginning with the day on which benefit was payable for the first four weeks in respect of which arrangements for four-weekly payment were made;

(b) in the case of benefit under the Contributions and Benefits Act, he was absent from Great Britain on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Great Britain on his return; or

(c) in the case of benefit under the Contributions and Benefits (NI) Act, he was absent from Northern Ireland on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Northern Ireland on his return.

(3) The reasons specified in this paragraph are that the person—

(a) was a serving member of the forces;

(b) was the spouse of such a serving member; or

(c) was living with such a serving member as husband or wife.

(4) “Serving member of the forces” means a person, other than one mentioned in Part 2 of Schedule 6 to the Social Security (Contributions) Regulations 2001(3), who, being over the age of 16 years, is a member of any establishment or organisation specified in Part 1 of that Schedule (being a member who gives full pay service) but does not include any such person while absent on desertion.

Commencement Information

I5 Reg. 20 in force at 7.4.2003, see reg. 1

Manner of making elections under regulations 19 and 20 U.K.

21.—(1) This regulation applies to elections under regulations 19 and 20.

(2) An election—

(a) must be made by notice in writing to the Board; and

(b) must be delivered or sent to an appropriate office as regards the Board.

(3) An election is made on the date on which it is received by the appropriate office.

(4) Where a person has made an election, child benefit is payable weekly so long as—

(a) he remains continually entitled to it; and

(b) in the case of an election under regulation 19, the conditions specified in paragraph (1)(a) or (b) of that regulation continue to be satisfied.

(5) A person who has made an election may cancel it at any time by giving to the Board a notice in writing which must be sent or delivered to an appropriate office as regards the Board.

(6) The Board must give effect to a notice given in accordance with paragraph (5) as soon as reasonably practicable after receiving it.

Commencement Information

I6 Reg. 21 in force at 7.4.2003, see reg. 1

Interim payments U.K.

22.— [F2 (1) If the condition in any sub-paragraph of paragraph (1A) is satisfied, the Board may make a payment on account (“an interim payment”) of any child benefit or guardian’s allowance to which it appears to them that a person—

(a) is or may be entitled,

(b) where sub-paragraph (a) of paragraph (1A) applies, would or might be entitled, were a claim made,

(c) where sub-paragraph (b) of that paragraph applies, would or might be entitled, were the national insurance number condition satisfied.

(1A) The conditions are that—

(a) a claim for benefit or allowance has not been made in accordance with these Regulations and it is impracticable for such a claim to be made immediately;

(b) a claim has been made in accordance with these Regulations, the conditions of entitlement are satisfied other than the national insurance number condition, and it is impracticable for that condition to be satisfied immediately;

(c) a claim for the benefit or allowance has been so made but it is impracticable for it, or an application or appeal relating to it, to be determined immediately;

(d) an award of the benefit or allowance has been made but it is impracticable for the person entitled to it to be paid immediately other than by means of an interim payment.]

(2) Paragraph (1) does not apply pending the determination of an appeal F3 ....

(3) On or before the making of an interim payment, the Board must give the person to whom payment is to be made notice in writing of his liability under regulations 41 and 42 to have it brought into account and to repay any overpayment.

[F4 (4) In this regulation “the national insurance number condition” means the condition imposed—

(a) in Great Britain, by section 13(1A) and (1B), of the Administration Act (requirement for claim to be accompanied by details of national insurance number);

(b) in Northern Ireland, by section 11(1A) and (1B) of the Administration (NI) Act.]

Textual Amendments

F2 Reg. 22(1)(1A) substituted for reg. 22(1) (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(2)

F3 Words in reg. 22(2) omitted (18.3.2005) by virtue of The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(3)

F4 Reg. 22(4) added (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(4)

Commencement Information

I7 Reg. 22 in force at 7.4.2003, see reg. 1

Information to be given and changes to be notified U.K.

23.—(1) This regulation applies to any person entitled to child benefit or guardian’s allowance and any person by whom, or on whose behalf, payments of such benefit or allowance are receivable.

(2) A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information or evidence as the Board may require for determining whether a decision on an award—

(a) in relation to benefit or allowance under the Contributions and Benefits Act, should be revised under section 9 or superseded under section 10 of the Social Security Act 1998(4);

(b) in relation to benefit or allowance under the Contributions and Benefits (NI) Act, should be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998(5).

(3) A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information and evidence as the Board may require in connection with the payment of the benefit or allowance.

(4) A person to whom this regulation applies must notify the Board or a relevant authority of any change of circumstances which he might reasonably be expected to know might affect—

(a) the continuance of entitlement to the benefit or allowance; or

(b) the payment of it,

as soon as reasonably practicable after the change occurs.

(5) A notification under paragraph (4)—

(a) must be given by notice in writing or orally; and

(b) must be sent, delivered or given to the appropriate office.

Commencement Information

I8 Reg. 23 in force at 7.4.2003, see reg. 1

Fractional amounts of benefit or allowance U.K.

24.  Where the amount of any child benefit or guardian’s allowance payable includes a fraction of a penny, that fraction—

(a) if it is less than a half, shall be disregarded;

(b) if it is a half or more, shall be treated as a whole penny.

Commencement Information

I9 Reg. 24 in force at 7.4.2003, see reg. 1

Payments to persons under the age of 18 years U.K.

25.  Where a sum of child benefit or guardian’s allowance is paid to a person under the age of 18 years (whether on his own behalf or on behalf of another), either of the following is a sufficient discharge to the Board for the sum paid—

(a) a direct credit transfer under regulation 17 into the person’s account;

(b) the receipt by the person of a payment made by some other means.

Commencement Information

I10 Reg. 25 in force at 7.4.2003, see reg. 1

Extinguishment of right to payment if payment is not obtained within the prescribed period U.K.

26.—(1) The right to payment of any sum of child benefit or guardian’s allowance shall be extinguished if payment of that sum is not obtained within the period of 12 months from the date on which the right is treated as having arisen.

(2) Subject to paragraph (5), the right to payment of a sum is treated as having arisen—

(a) if the Board have given or sent an instrument of payment in respect of the sum to the person to whom it is payable or have sent such an instrument to a place approved by them for collection by that person—

(i) on the date of the instrument, or

(ii) if a replacement instrument of payment has been so given or sent, on the date of the last such instrument;

(b) in relation to any sum to which sub-paragraph (a) does not apply, if the Board have given or sent a notice (orally or in writing) that the sum is available for collection—

(i) on the date of the notice, or

(ii) if more than one such notice has been given or sent, on the date of the first notice;

[F5 (bb) in relation to any such sum which the person entitled to it and the Board have arranged to be paid by way of direct credit transfer into a bank or other account, on the due date for payment of such a sum;]

(c) in relation to any sum to which [F6 none of the preceding sub-paragraphs applies], on such date as the Board may determine.

(3) The giving or sending by the Board of an instrument of payment under sub-paragraph (a) of paragraph (2), or a notice under sub-paragraph (b) of that paragraph, shall be effective even if the sum contained in the instrument, or the notice, is more or less than the sum which the person concerned has the right to receive.

(4) The date of an instrument of payment is—

(a) the date of issue of that instrument; or

(b) if later, the earliest date specified in the instrument on which payment may be obtained.

(5) Where a question arises as to whether a right to payment of a sum has been extinguished under this regulation, the period of 12 months referred to in paragraph (1) shall be extended to the date on which the Board decide the question, and the right shall be treated for the purposes of this regulation as having arisen on that date, if the Board are satisfied that—

(a) a notice in writing requesting payment of the sum was first received by them after the expiration of the period of 12 months from the date on which, ignoring this paragraph, the right would be treated as having arisen;

(b) from a day within that period until the date on which the notice in writing was given there was good cause for not giving the notice; and

(c) no payment of the sum has been made by way of direct credit transfer in accordance with regulation 17 and—

(i) no instrument of payment has been given or sent to the person to whom the sum is payable; or

(ii) any such instrument has been produced to them and no replacement instrument of payment has been given or sent to that person.

(6) This regulation has effect in relation to a person authorised or appointed to act on behalf of a person entitled to child benefit or guardian’s allowance in the same manner as it has effect in relation to such a person.

Textual Amendments

F5 Reg. 26(2)(bb) inserted (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 9(2)

F6 Words in reg. 26(2)(c) substituted (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 9(3)

Commencement Information

I11 Reg. 26 in force at 7.4.2003, see reg. 1

(1)

1995 c. 18.

(2)

S.I. 1995/2705 (N.I. 15).

(3)

S.I. 2001/1004.

(4)

Section 10 was amended by paragraph 23 of Schedule 7, and Part 1 of Schedule 10, to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.

(5)

Article 11 was amended by paragraph 17(a) of Schedule 6, and Schedule 9, to S.I. 1999/671.