The Child Benefit (General) Regulations 2003

Prescribed conditions for a person under the age of 18 and not receiving full-time education to be treated as a child

8.—(1) For the purposes of section 142(1)(b) of the Contributions and Benefits Act and section 138(1)(b) of the Contributions and Benefits (NI) Act (person under the age of 18 not receiving full-time education and satisfying prescribed conditions to be treated as a child), the prescribed conditions are that—

(a) the person is registered for work or for training under a relevant training programme with—

(i) the Careers Service or Connexions Service;

(ii) the Ministry of Defence;

(iii) in Northern Ireland, the Department for Employment and Learning or an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986; or

(iv) for the purposes of applying Council Regulation (EEC) No. 1408/71, any corresponding body in another member State;

(b) the person is not engaged in remunerative work;

(c) the extension period which applies in the case of that person has not expired;

(d) immediately before the extension period begins, the person who is responsible for him is entitled to child benefit in respect of him without regard to this regulation; and

(e) the person who is responsible for him has made a written request to the Board for the payment of child benefit during the extension period.

(2) For the purposes of paragraph (1)(c), (d) and (e), the extension period—

(a) begins on the first day of the week in which child benefit would cease to be payable in respect of a person but for this regulation; and

(b) ends—

(i) on the last day of the week which falls immediately before the week which includes the first Monday in January in that year where a person attains the age of 16 or, if later, where the prescribed period in regulation 7 ends, on or after the first Monday in September, but before the first Monday in January of the following year;

(ii) on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year where a person attains the age of 16 or, if later, where the prescribed period in regulation 7 ends, on or after the first Monday in January but before the Monday following Easter Monday in that year;

(iii) on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year where a person attains the age of 16 or, if later, where the prescribed period in regulation 7 ends, at any other time of the year.