The Child Benefit (General) Regulations 2006

Statutory Instruments

2006 No. 223

SOCIAL SECURITY

The Child Benefit (General) Regulations 2006

Made

2nd February 2006

Laid before Parliament

3rd February 2006

Coming into force

10th April 2006

The Treasury, in exercise of the powers conferred by sections 142(2)(1) 143(3)(c), (4) and (5),

144(1), 145A(1)(2), 146(3)(3), 147(1)(4), (2) and (4) to (6), 175(3) to (5) of, and paragraphs 1, 2(2) and 3 of Schedule 9 to, the Social Security Contributions and Benefits Act 1992(5), sections 138(2)(6), 139(4), and (5), 140(1), 141(1), 141A(1)(7), 142(3)(8), 143(1)(9), (2), (4), (5) and (6) and 171(3), (4) and (5) of, and paragraphs 1, 2(2) and 3 of Schedule 9 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(10) and section 133(1) of the Finance Act 1999(11) and the Commissioners for Her Majesty’s Revenue and Customs in exercise of the powers conferred by section 175(5) of, and paragraphs 5 and 6(1) of Schedule 10 to the Social Security Contributions and Benefits Act 1992(12) section 13(1C)(13) of the Social Security Administration Act 1992(14), section 171(5) of, and paragraphs 5 and 6(1) of Schedule 10 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992(15), section 11(1C)(16) of the Social Security Administration (Northern Ireland) Act 1992(17), and section 133(1) of the Finance Act 1999, and, in each case, now exercisable by them, make the following Regulations:

(1)

Section 142 is substituted by section 1(2) of the Child Benefit Act 2005 (c. 6: “the 2005 Act”).

(2)

Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21: the 2002 Act“), and amended by paragraph 48 of Part 3 of Schedule 24 to the Civil Partnership Act 2004 (c. 33: “the 2004 Act”) and paragraph 12 of Schedule 1 to the 2005 Act.

(3)

Section 146 was substituted by section 56 of the 2002 Act.

(4)

Section 147(1) is cited because of the definition of “prescribe”.

(5)

1992 c. 4. There are amendments to section 175 which are not relevant for present purposes. The functions of the Secretary of State under Part 9 of the Act (other than those contained in paragraphs 5 and 6(1) of Schedule 10) were transferred to the Treasury by section 49(1) of the 2002 Act.

(6)

Section 138 is substituted by section 2(2) of the 2005 Act.

(7)

Section 141A was inserted by section 55 of the 2002 Act and amended by paragraph 101 of Part 5 of Schedule 24 to the 2004 Act and paragraph 38 of Schedule 1 to the 2005 Act.

(8)

Section 142 was substituted by section 56 of the 2002 Act.

(9)

Section 143(1) is cited because of the definition of “prescribe”.

(10)

1992 c. 7. There are amendments to section 171 which are not relevant for present purposes. The functions of the Department of Health and Social Services for Northern Ireland were transferred to the Department for Social Development by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland 1999 (S.R. 1999 No.481). The functions of that Department under Part 9 of the Act (other than those contained in paragraphs 5 and 6(1) of Schedule 10) were transferred to the Treasury by section 49(2) of the 2002 Act.

(11)

1999 c. 16.

(12)

The functions of the Secretary of State in respect of paragraphs 5 and 6 of Schedule 10 were transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(a) of the 2002 Act. The Commissioners of Inland Revenue were abolished, and their functions transferred to the Commissioners for Her Majesty’s Revenue and Customs, by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that insofar as it is appropriate in consequence of section 5 a reference, however expressed, to the Commissioners of Inland Revenue is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

(13)

Subsections (1A) to (1C) were inserted by section 69 of the Welfare Reform and Pensions Act 1999 (c. 30). Subsection (1C) is amended by paragraph 20(2) of Part 1 of Schedule 1 to the 2005 Act. The functions of the Secretary of State were transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(b) of the 2002 Act. As to the subsequent transfer of the functions of those Commissioners see the preceding footnote.

(14)

1992 c. 5.

(15)

The functions of the Department for Social Development in respect of paragraphs 5 and 6 of Schedule 10 were transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(c) of the 2002 Act. As to the further transfer of these functions to the Commissioners for Her Majesty’s Revenue and Customs, see footnote (l) above.

(16)

Subsections (1A) to (1C) were inserted by article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11). Subsection (1C) is amended by paragraph 46(2) of Schedule 1 to the 2005 Act. The functions of the Department of Health and Social Services for Northern Ireland were transferred to the Department for Social Development by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland 1999 (S.R. 1999 No.481). The functions of that Department under section 11 were transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(d) of the 2002 Act. As to the further transfer of these functions to the Commissioners for Her Majesty’s Revenue and Customs see footnote (l) above.

(17)

1992 c. 8.