Child Benefit (General) Amendment Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1227 |
1988 No. 1227
SOCIAL SECURITY
The Child Benefit (General) Amendment Regulations 1988
Made 15th July 1988
Laid before Parliament 15th July 1988
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 2(1)(aa), (2) and (3), 4(1), 6(3), 22(1)(b) and 24(1) of the Child Benefit Act 19751, and all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should, in so far as they are required to be referred to it, not be referred2, hereby makes the following Regulations—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1988 and shall come into force as follows—
(a)
(a) regulations 1, 2, 3, 5, 7 and 8, on 5th August 1988; and
(b)
(b) regulations 4 and 6, on 12th September 1988.
(2) In these Regulations“the principal Regulations” means the Child Benefit (General) Regulations 19763.
Amendment of regulation 1(2) of the principal Regulations
2. In regulation 1(2) of the principal Regulations (interpretation) the following definitions shall be inserted after the definition of“full-time education”—
““remunerative work” means work of not less than 24 hours a week—
(a) in respect of which payment is made; or
(b) which is done in expectation of payment;
“youth training scheme” means—
(a) arrangements made under section 2 of the Employment and Training Act 19734(functions of the Secretary of State);
(b) arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 19665(power of Defence Council to make regulations as to engagement of persons in regular forces); or
(c) for the purposes of the application of Council Regulation (EEC) No. 1408/716, any corresponding provisions operated in another member State,
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.”
Amendment of regulation 6(2) of the principal Regulations
3. In regulation 6(2) of the principal Regulations7(interruption of full-time education) for sub-paragraph (a) there shall be substituted the following sub-paragraph—
“(a)
“(a) provision is made for the training of that person, and for an allowance to be payable to that person, under the youth training scheme; or”.
Amendment of regulation 7(3) of the principal Regulations
4. In regulation 7(3) of the principal Regulations8(circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child for the words“full-time in gainful employment” there shall be substituted the words“in remunerative work”.
Substitution of regulation 7B of the principal Regulations
5. The following regulation shall be substituted for regulation 7B of the principal Regulations9(child receiving financial support under the Employment and Training Act 1973)—
“Child receiving training under the youth training scheme
7B. Child benefit shall not be payable by virtue of section 2(1)(b) of the Act in respect of a child aged 16 or over for any week—
(a) in which training for that child is being provided under the youth training scheme; and
(b) in respect of which an allowance may be paid under that scheme to that child.”.
Insertion of regulation 7D into the principal Regulations
6. The following regulation shall be inserted after regulation 7C of the principal Regulations10(child receiving income support)—
“Circumstances in which a person who has ceased to receive full-time education is to be treated as a child
7D.—(1) For the purposes of section 2(1)(aa) of the Act, in relation to a person under the age of 18 who is not receiving full-time education, the prescribed conditions are—
(a)
(a) that person is registered for work or for training under the youth training scheme with—
(i) the Department of Employment;
(ii) the Ministry of Defence;
(iii) in England and Wales, a local education authority within the meaning of section 114(1) of the Education Act 194411(interpretation);
(iv) in Scotland, an education authority within the meaning of section 135(1) of the Education (Scotland) Act 198012(interpretation); or
(v) for the purposes of applying Council Regulation (EEC) No. 1408/71, any corresponding body in another member State;
(b)
(b) that person is not engaged in remunerative work;
(c)
(c) the extension period which applies in the case of that person has not expired;
(d)
(d) immediately before the extension period begins, the person who is responsible for him is entitled to benefit in respect of him without regard to this regulation; and
(e)
(e) the person who is responsible for him has made a written request to the Department for the payment of benefit during the extension period.
(2) For the purposes of paragraph (1)(c), (d) and (e), the extension period—
(a)
(a) begins on the first day of the week in which benefit would cease to be payable in respect of a person but for this regulation; and
(b)
(b) where a...
To continue reading
Request your trial