Child Benefit (General) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/493

2003 No. 493

SOCIAL SECURITY

The Child Benefit (General) Regulations 2003

Made 5th March 2003

Laid before Parliament 5th March 2003

Coming into force 7th April 2003

The Treasury, in exercise of the powers conferred upon them by the provisions set out in Schedule 1, hereby make the following Regulations:

1 Introductory

PART 1

Introductory

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Benefit (General) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 49 of the Tax Credits Act 20021.

(2) In these Regulations—

the 1989 Act” means the Children Act 19892;

“the 1995 Act” means the Children (Scotland) Act 19953;

“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 & Technology 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 or national certificate of Edexcel or the Scottish Qualifications Authority, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies;

“an appropriate office” means—

(a) in relation to child benefit under the Contributions and Benefits Act, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear;

(b) in relation to child benefit under the Contributions and Benefits (NI) Act, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast;

(c) any Inland Revenue Enquiry Centre;

“the Board” means the Commissioners of Inland Revenue;

“the Careers Service” means—

(a) in England and Wales, a person with whom the Secretary of State or the National Assembly of Wales has made arrangements under section 10(1) of the Employment and Training Act 19734, and a local education authority to whom the Secretary of State or the National Assembly of Wales has given a direction under section 10(2) of that Act;

(b) in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 and any education authority to which a direction has been given by the Scottish Ministers under section 10(2) of that Act; and

(c) in Northern Ireland, the Careers Service of the Department for Employment and Learning;

“child benefit” has the meaning given in section 141 of the Contributions and Benefits Act and section 147 of the Contributions and Benefit (NI) Act (child benefit);

“the Children Order” means the Children (Northern Ireland) Order 19955;

“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 20006and section 10(1) of the Employment and Training Act 1973, and any person to whom he has given a direction under section 114(2)(b) of the former Act and section 10(2) of the latter Act;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19927;

“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19928;

“court” means any court in the United Kingdom, the Channel Islands or the Isle of Man;

“Crown servant posted overseas” has the meaning given in regulation 30(2);

“full-time education” has the meaning given in regulation 5;

“hospital or similar institution” means a place (not being a prison, a young offenders institution, Secure Training Centre, Local Authority Secure Unit, Juvenile Justice Centre, Young Offenders Centre or, if not in Great Britain or Northern Ireland, any comparable place) in which persons suffering from mental disorders are or may be received for care or treatment;

“married couple” means a man and a woman who are married to each other and are neither—

(a) separated under a court order, nor

(b) separated in circumstances in which the separation is likely to be permanent;

“mental disorder” shall be construed as including references to any mental disorder within the meaning of the Mental Health Acts;

“the Mental Health Acts” means the Mental Health Act 19839, the Mental Health (Scotland) Act 198410or the Mental Health (Northern Ireland) Order 198611;

“partner” means, except in regulation 12, where a person is a member of a married or unmarried couple, the other member of that couple;

“penalty” means, in the case of any court in Great Britain or Northern Ireland—

(a) in England and Wales, a sentence of a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 200012or detention in a young offenders institution, and a sentence of detention under sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) in Scotland, a sentence of detention under sections 44, 205, 207, 208 or 216(7) of the Criminal Procedure (Scotland) Act 199513;

(c) in Northern Ireland, a sentence of imprisonment, or detention under Article 39, 41, 45 or 54 of, or paragraph 6 of Schedule 2 to, the Criminal Justice (Children) (Northern Ireland) Order 199814, or an order for detention in a juvenile justice centre or young offenders centre,

and in the case of any court not in Great Britain or Northern Ireland, any comparable sentence or order;

“relevant training programme” means–

(a) arrangements made under section 2 of the Employment and Training Act 197315or section 2 of the Enterprise and New Towns (Scotland) Act 199016or section 1 of the Employment and Training Act (Northern Ireland) 195017;

(b) provision secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Parts I or 2 of the Learning and Skills Act 2000;

(c) 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 196618(power of Defence Council to make regulations as to engagement of persons in regular forces); or

(d) for the purposes of the application of Council Regulation (EEC) No. 1408/7119, any corresponding provisions operated in another member State;

“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;

“the Social Security Act” means the Social Security Act 1975;

“the Taxes Act” means the Income and Corporation Taxes Act 198820;

“unmarried couple” means a man and a woman who are not a married couple but are living together as husband and wife;

“relative” means brother, sister, ancestor or lineal descendant;

“writing” includes writing produced by electronic communications used in accordance with regulation 39.

2 Meaning of “person responsible for child”

PART 2

Meaning of “person responsible for child”

S-2 Child in residential accommodation in prescribed circumstances

Child in residential accommodation in prescribed circumstances

2. For the purposes of section 143(3)(c) of the Contributions and Benefits Act and section 139(3)(c) of the Contributions and Benefits (NI) Act (absence of child in residential accommodation), the prescribed circumstances are circumstances where the residential accommodation has been provided solely on account of the child’s disability or because his health would be likely to be significantly impaired, or further impaired, unless such accommodation was provided.

S-3 Days of absence to be disregarded in determining whether a child is living with a person

Days of absence to be disregarded in determining whether a child is living with a person

3.—(1) For the purpose of section 143(4) of the Contributions and Benefits Act and section 139 (4) of the Contributions and Benefits (NI) Act (number of days that may be disregarded), the prescribed number of days is 84 consecutive days calculated in accordance with paragraph (2).

(2) Two or more distinct relevant periods separated by one or more intervals each not exceeding 28 days are treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the latter or last of such periods.

(3) In paragraph (2) “relevant periods” means—

(a)

(a) periods to which section 143(3)(b) of the Contributions and Benefits Act or section 139(3)(b) of the Contributions and Benefits (NI) Act (absence of a child undergoing medical or other treatment) applies;

(b)

(b) periods to which section 143(3)(c) of the Contributions and Benefits Act or section 139(3)(c) of the Contributions and Benefits (NI) Act (absence of a child in residential accommodation) applies.

S-4 Prescribed circumstances relating to contributions and expenditure in respect of a child

Prescribed circumstances relating to contributions and expenditure in respect of a child

4.—(1) Subject to paragraph (3), for the purposes of section 143(5)(a) of the Contributions and Benefits Act and section 139(5)(a) of the Contributions and Benefits (NI) Act (contributing to the cost of providing for a child) the prescribed circumstances are circumstances where—

(a)

(a) two or more persons are contributing to the cost of providing for the same child;

(b)

(b) the aggregate weekly amount of their contributions is, but the weekly amount of each of their individual contributions is not, less than the weekly rate of child benefit which would be payable in respect of that child had the aggregate weekly amount of their contributions been contributed by one only of them, and

(c)

(c) they by agreement nominate in writing or, in default of such agreement, the Board in their discretion determine, that the aggregate weekly amount of their contributions is to be treated as having...

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