Child Benefit (General) Amendment Regulations 1987

JurisdictionUK Non-devolved
CitationSI 1987/357

1987 No. 357

SOCIAL SECURITY

The Child Benefit (General) Amendment Regulations 1987

Made 5th March 1987

Laid before Parliament 16th March 1987

Coming into force 6th April 1987

The Secretary of State for Social Services, in exercise of powers conferred upon him by sections 2(1B)1, (2) and (3), 4(1), 22(1)2, 24(1)3, 24(5) and paragraph 1 of Schedule 1 to the Child Benefit Act 19754, and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee5, hereby makes the following Regulations:—

S-1 Citation and commmencement

Citation and commmencement

1. These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1987 and shall come into force on 6th April 1987.

S-2 Amendment of the Child Benefit (General) Regulations 1976

Amendment of the Child Benefit (General) Regulations 1976

2. The Child Benefit (General) Regulations 19766(hereinafter referred to as“the principal Regulations”) shall be amended in accordance with the following provisions of these Regulations.

S-3 Amendment of regulation 1 of the principal regulations

Amendment of regulation 1 of the principal regulations

3. In regulation 1(2) of the principal Regulations (definitions) for the definitions of “advanced education” and“full-time education” there shall be substituted the following definitions—

““advanced education” means full-time education for the purposes of—

(a) a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business & Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or

(b) any other course which is of a standard above ordinary national diploma, a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;”

““full-time education” means—

(a) full-time education by attendance at a recognised educational establishment; or

(b) full-time education, elsewhere than at a recognised educational establishment, where the education is recognised by the Secretary of State under section 2 of the Act; or

(c) education treated as full-time under regulation 5;”.

S-4 Substitution of regulation 5 of the principal regulations

Substitution of regulation 5 of the principal regulations

4. For regulation 5 of the principal regulations (circumstances in which a person is to be treated as receiving full-time education) there shall be substituted the following regulation—

S-5

Circumstances in which education is to be treated as full-time education

5.—(1) For the purposes of the Act the education which is specified in paragraph (2) shall be treated as full-time education.

(2) The education referred to in paragraph (1) is education received by a person attending a course of education at a recognised educational establishment and in the pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.”.

S-5 Amendment of regulation 7 of the principal regulations

Amendment of regulation 7 of the principal regulations

5.—(1) In regulation 7 of the principal regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(a)

(a) in paragraph (1) for the words“paragraph 3” there shall be substituted the words“paragraphs (1A) and (3)”; and

(b)

(b) in sub-paragraph (a) of paragraph (1) the words“and attains that age on or before the terminal date specified in the next paragraph” shall be omitted.

(2) After paragraph (1) of regulation 7 of the principal regulations there shall be inserted the following paragraph—

S-1A

“1A In the case of a person specified in either sub-paragraph (a) or (b) of paragraph (1) who had not attained compulsory school age when he ceased to receive full-time education, the terminal date in his case shall be that specified in sub-paragraph (a), or (b) or (c) of paragraph (2)...

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