The Child Benefit (General) Regulations 2003

Exception to section 13(2) of the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992

38.—(1) A person is not disentitled to child benefit in respect of a child by virtue of section 13(2) of the Social Security Administration Act 1992 and section 11(2) of the Social Security Administration (Northern Ireland) Act 1992 (persons not entitled to benefit for any week if benefit already paid for that week to another person, whether or not that other person was entitled to it) if in respect of that week—

(a) the determining authority has decided that the Board is entitled to recover the child benefit paid in respect of that child from a person in consequence of his misrepresentation of, or his failure to disclose, any material fact and, where that determining authority is one from whose decision an appeal lies, the time limit for appealing has expired and no appeal has been made; or

(b) the child benefit paid to the other person has been voluntarily repaid to, or recovered by, the Board in a case where the determining authority has decided under section 9 or 10 of the Social Security Act 1998(1) or under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998(2) either—

(i) that while there was no entitlement to benefit it is not recoverable, or

(ii) that there was no entitlement to benefit but has made no decision as to its recoverability.

(2) In this regulation “determining authority” means, as the case may require—

(a) the Board;

(b) an appeal tribunal constituted under section 7 of the Social Security Act 1998 or Article 8 of the Social Security (Northern Ireland) Act 1998;

(c) the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of the Social Security Act 1998 or Article 16(7) of the Social Security (Northern Ireland) Act 1998;

(d) an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998(3); or

(e) a Commissioner to whom an appeal lies under Article 15 of the Social Security (Northern Ireland) Order 1998(4).

(1)

1998 c. 14.

(2)

S.I. 1998/1506 (N.I. 10).

(3)

Article 13 was amended by Schedules 6 and 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Act 1999 (S.I. 1999 No. 671).

(4)

Article 15 was amended by Schedules 6 and 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Act 1999 (S.I. 1999 No. 671).