Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996
1996 No. 1803
FAMILY LAWCHILD SUPPORT
SOCIAL SECURITY
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996
Made 8th July 1996
Coming into force in accordance with regulation 1
Whereas a draft of this instrument was laid before Parliament in accordance with section 52(2) of the Child Support Act 19911, section 176(1) of the Social Security Contributions and Benefits Act 19922and under section 37(2) of the Jobseekers Act 19953and approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State for Social Security, in conjunction with the Treasury4, in exercise of the powers conferred by sections 11(2), 43(1)(b), 51, 52(4) and 54 of, and paragraphs 1(3) and (5), 2(1), 4(3), 5(1) and (2), 6(2) and 9 of Schedule 1 to, the Child Support Act 19915, sections 123(1)(a), (d) and (e), 135(1), 136(4) and (5)(a) and (b), 137(1) and (2)(i), 144(1) and (2), 145(1), 147(1) and 175(1), (3) and (4) of, and paragraph 4 of Schedule 9 to, the Social Security Contributions and Benefits Act 19926, sections 1(1), 5(1)(i), 7(1), 27(1)(b), 73(1)(a), 189(1), (3), (4) and (5) and 191 of the Social Security Administration Act 19927. and sections 4(5), 12(2) and (4)(a) and (b), 35(1) and 36(1), (2) and (4)(a) of the Jobseekers Act 19958and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concerned9and after reference to the Social Security Advisory Committee of proposals in respect of regulations 2 to 6 and 18 to 4810, hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 and shall come into force—
(a)
(a) for the purposes of regulations 1, 22 to 28, 30 and 35(b), on 1st April 1997;
(b)
(b) for the purposes of regulations 2 to 21 and 37 to 49, on 7th April 1997;
(c)
(c) for the purposes of regulations 29, 31 to 35(a) and 36—
(i) in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1997, and
(ii) in any other case, on 7th April 1997.
(2) Regulations 37 to 41 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” and “claimant” have the same meaning as in regulation 2(1) of the Income Support Regulations.
(3) Regulations 42 to 46 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations11.
(4) In these Regulations—
“the Adjudication Regulations” means the Social Security (Adjudication) Regulations 199512;
“the Child Benefit Regulations” means the Child Benefit (General) Regulations 197613;
“the Child Benefit Rates Regulations” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 197614;
“the Child Support Maintenance Assessments Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 199215;
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 198716;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 199217;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 198718;
“the Income Support Regulations” means the Income Support (General) Regulations 198719;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 199620;
“the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 197921.
Amendment of regulation 59 of the Adjudication Regulations
2. In regulation 59(1)(d) of the Adjudication Regulations (review of decisions involving payment or increase of child benefit), for the word “12” there shall be substituted the word “6”.
Amendment of regulation 9 of the Child Benefit Regulations
3.—(1) In regulation 9 of the Child Benefit Regulations22(persons exempt from tax)—
(a)
(a) in paragraph (1), after the words “his spouse” wherever those words occur, there shall be inserted the words “or partner”;
(b)
(b) after paragraph (1), there shall be inserted the following paragraph—
“1A For the purpose of paragraph (1), “partner” means any person who is living with another person as his spouse.”.
(2) Paragraph (1) shall not apply in the case of any person who was entitled to child benefit on 6th April 1997 and to whom regulation 9(1) of the Child Benefit Regulations applies on the date these Regulations come into force, for so long as his entitlement to child benefit continues.
Insertion of regulation 9A into the Child Benefit Regulations
4.—(1) After regulation 9 of the Child Benefit Regulations, there shall be inserted the following regulation—
“Child living with another person as his spouse
9A.—(1) Except in the circumstances specified in paragraph (2), benefit shall not be payable to any person in respect of a child for any week in which that child is living with another person as his spouse (referred to in this regulation as “the partner”) and that child—
(a)
(a) is under the age of 18 and not receiving full-time education; or
(b)
(b) is under the age of 19 and receiving full-time education.
(2) The specified circumstances are that—
(a)
(a) the person to whom benefit is payable is not the partner of that child; and
(b)
(b) the partner of that child is receiving full-time education.”.
(2) Paragraph (1) shall not apply in the case of any person who was entitled to child benefit on 6th April 1997 for so long as that entitlement continues.
Amendment of regulation 2 of the Child Benefit Rates Regulations
5.—(1) Regulation 2 of the Child Benefit Rates Regulations23(weekly rates of child benefit) shall be amended in accordance with the following paragraphs.
(2) In paragraph (1)—
(a)
(a) the words “paragraph (2) of this regulation and” shall be omitted;
(b)
(b) for sub-paragraph (a), there shall be substituted the following sub-paragraph—
“(a)
“(a) subject to paragraphs (2ZA) to (4) of this regulation—
(i) in a case where in any week a child (not being a child to whom head (ii) of this sub-paragraph applies) is the only child or, if not the only child, the elder or eldest child in respect of whom child benefit is payable to a person, £10.80,
(ii) in a case where in any week that child is the only child or, if not the only child, the elder or eldest child of a lone parent in respect of whom child benefit is payable to a person, £17.10; and”.
(3) For paragraph (2) there shall be substituted—
“2 For the purpose of paragraph (1)(a)(ii) of this regulation, “lone parent” means a person who is living with a child and, in any week, that person—
(a) either has—
(i) no spouse, or
(ii) is not residing with his spouse, and
(b) is not living with any other person as his spouse.”.
(4) In paragraph (2ZA), after the words “paragraph (1)(a)” in both places where those words occur, there shall be inserted the word “(i)”.
(5) In paragraph (2ZB), after the words “paragraph (1)(a)” there shall be inserted the words “(i) or (ii)”.
(6) For paragraph (2A) there shall be substituted the following paragraph—
“2A Subject to paragraph (2AB), a person who is residing with a parent of the child shall be entitled to the weekly rate of child benefit payable under paragraph (1)(a)(i) of this regulation in respect of that child (“A”).”.
(7) After that paragraph (2A), there shall be inserted the following paragraph—
“2AB Paragraph (2A) shall not apply where the person is also entitled to child benefit in respect of another child (“B”) for whom he is treated as responsible under section 143(1)(a) of the Social Security Contributions and Benefits Act 199224and he is not residing with a parent of B, in which case he shall be entitled, in respect of A, to the weekly rate of child benefit payable under paragraph (1)(a)(ii) of this regulation.”.
(8) In paragraph (4)—
(a)
(a) in sub-paragraph (a), for the words “paragraph (2) of this regulation shall not apply”, there shall be substituted the words “the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child”;
(b)
(b) in sub-paragraph (b), for the words “paragraph (2) of this regulation shall not apply to that child”, there shall be substituted the words “the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child”;
(c)
(c) for sub-paragraph (c), there shall be substituted the following sub-paragraph—
“(c)
“(c) in any week a person has been paid the weekly rate of child benefit for the time being specified in paragraph (1)(a)(ii) of this regulation and that week is one throughout which that person subsequently becomes entitled to such an allowance or increase as is referred to in sub-paragraph (a) above, the amount corresponding to the difference between the weekly rates of child benefit for the time being specified in paragraph (1)(a)(i) and (ii) of this regulation shall be treated as if it had been paid on account of any such...
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