Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/1267 |
1976 No. 1267
Social Security
The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
Made 3rd August 1976
Coming into Operation 4th April 1977
Whereas a draft of the following regulations was laid before Parliament and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Services, in conjunction with the Treasury1, in exercise of the powers conferred upon him by sections 5, 17(1) and 20(1) of the Child Benefit Act 19752and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 and shall come into operation on 4th April 1977.
(2) In these regulations, unless the context otherwise requires—
“” means the Child Benefit Act 1975;
“” means the Social Security Act 19753;
“” means the Child Benefit (General) Regulations 19764,
and other expressions have the same meaning as in the Act.
(3) References in these regulations to any condition being satisfied or any facts existing in a week shall be construed as references to the condition being satisfied or the facts existing at the beginning of that week.
(4) Unless the context otherwise requires, any reference in these regulations to any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.
(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 18895shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
Weekly rates of child benefit
2.—(1) Subject to paragraphs (2) and (3) of this regulation and regulation 20 of the General Regulations (transitional provision relating to apprentices in respect of whom a family allowance was payable under the Family Allowances Act 19656), the weekly rate of child benefit payable in respect of a child shall be—
(a)
(a) in a case where in any week that child is the only, elder or eldest child in respect of whom a person is entitled to child benefit, £1.00; and
(b)
(b) in any other case, £1.50.
(2) In a case where in any week a person—
(a)
(a) is entitled to child benefit in respect of a child of whom he is a parent, being a child for whom he is treated as responsible under section 3(1)(a) of the Act (person to be treated as responsible for a child in any week if he has the child living with him in that week); and
(b)
(b) either has no spouse or is not residing with his spouse; and
(c)
(c) is not living with any other person as his spouse,
the weekly rate of child benefit payable in respect of that child, or, if that child is not the only, elder or eldest child in respect of whom that person is entitled to child benefit, the elder or eldest child in respect of whom that person is so entitled, shall, subject to the conditions mentioned in paragraph (4) of this regulation, be increased by £0.50.
(3) In a case where in any week, by virtue of the provisions of regulation 17 of the General Regulations, the person entitled to child benefit in respect of a child is a voluntary organisation, the weekly rate of child benefit payable in respect of that child shall be £1.00.
(4) Where—
(a)
(a) throughout any week a person is entitled to an allowance or to an increase of a benefit, pension or allowance such as is referred to in paragraph (5) of this regulation as a “specified benefit”, paragraph (2) of this regulation shall not apply to the only, elder or eldest child in respect of whom that person is entitled to child benefit for that week; and
(b)
(b) for any week the only, elder or eldest child in respect of whom a person is entitled to child benefit is a child in respect of whom that benefit is payable at the weekly rate of £1.50 by virtue of the provisions of paragraph (1) or (2) of regulation 20 of the General Regulations, paragraph (2) of this regulation shall not apply to that child; and
(c)
(c) for any week a person has been paid an increase in the weekly rate of child benefit in respect of a child pursuant to the said paragraph (2) 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) of this paragraph, the increase in the weekly rate of child benefit paid to that person in respect of that child for that week shall be treated as paid on account of any such allowance or increase payable in respect of that week.
(5) A specified benefit is—
(a)
(a) under the Social Security Act—
(i) child's special allowance under section 31, guardian's allowance under section 38 or an allowance under section 70 in respect of...
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