The Guardian’s Allowance (General) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions in respect of guardian’s allowance.

Regulation 1 provides for the commencement and citation of these Regulations, and Regulation 2 for the interpretation of certain terms used in them.

Regulations 3 to 6 modify, in cases where a child is adopted, illegitimate, or of divorced parents, the circumstances in section 77(2) of the Social Security Contributions and Benefits Act 1992 (“the Act”) or section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Northern Ireland Act”) which must be satisfied before a person is entitled to claim guardian’s allowance in respect of that child.

Regulation 7 prescribes the circumstances in which a person is to be treated as being in prison for the purposes of section 77 of the Act or section 77 of the Northern Ireland Act.

Regulation 8(1) provides for the rate of guardian’s allowance to be reduced by reference to the contributions of a person in prison. Regulation 8(2) provides for a person in prison to reimburse the National Insurance Fund or the Northern Ireland National Insurance Fund in respect of sums paid by way of guardian’s allowance.

Regulation 9 prescribes conditions as to place of birth and residence, of which at least one must be satisfied by at least one of a child’s parents before a person is entitled to claim guardian’s allowance in respect of that child. Regulation 9(3) modifies this requirement where a child is adopted, and Regulation 9(4) modifies this requirement where a child is illegitimate.

Regulation 10 prescribes the manner in which a wife may elect for any payment of guardian’s allowance not to be made to her husband.