Family Allowances (Qualifications) Regulations 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/212 |
| Year | 1969 |
1969 No. 212
SOCIAL SECURITY
The Family Allowances (Qualifications) Regulations 196919thFebruary 1969
28thFebruary 1969
4thMarch 1969
The Secretary of State for Social Services, in conjunction with the Treasury so far as relates to matters with respect to which the Treasury have so directed, in exercise of his powers under sections 13(1), 17(7) and 20(1) and (4) of the Family Allowances Act 1965(a) and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Family Allowances (Qualifications) Regulations 1969 and shall come into operation on 4th March 1969.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Family Allowances Act 1965;
"allowance" means an allowance under the Act;
"the Secretary of State" means the Secretary of State for Social Services;
"parent" means, in relation to any child, the person in whose family such child would, if living with such person, be treated as included for the purposes of the Act as being issue of that person or, in the case of a man and his wife living together, as being issue of either the man or his wife;
"a member of the forces" means any person who, being a member of the armed forces of the Crown raised in the United Kingdom or a member of any nursing or other auxiliary service similarly raised and forming part of or attached to those forces, is in receipt of service pay in respect of naval, military or air force service or is serving as a commissioned or enlisted member of the Royal Army Ordnance Corps/Expeditionary Forces Institutes;
"a merchant seaman" means—
(a) any person employed under a contract of service as master or a member of the crew of any of Her Majesty's ships or of any other British ship, if either—
(i) the contract was entered into in Great Britain;or
(ii) it was entered into outside Great Britain, and he had set out from Great Britain for the purpose of entering into such contract:
(a) 1965 c. 53.
Provided that any such person as is referred to in paragraph (a) (ii) of this definition shall be treated as a merchant seaman for the purposes of these regulations during the period between his setting out from Great Britain and his entering into such contract;
(b) any person who, having been a person referred to in paragraph (a) of this definition, has not, since last being such a person, ceased to be employed under contracts of service as master or a member of the crew either of one of Her Majesty's ships or of some other British ship:
Provided that a person shall be deemed not to have ceased to be so employed during any period during which he is temporarily prevented from being so employed;
(c) any person who, having been a person referred to in paragraphs (a) or (b) of this definition and having ceased so to be, is proceeding or intending to proceed to Great Britain:
Provided that if he fails to proceed to Great Britain as soon as reasonably practicable after such cessation he shall not, after such failure, be treated as a merchant seaman by virtue of this paragraph;and
(d) any person who has set out from Great Britain for the purpose of entering into a contract of service as master or a member of the crew of any of Her Majesty's ships or of any other British ship or who, having so set out, has failed to enter into such contract and is proceeding or intending to proceed to Great Britain:
Provided that if, having so failed, he does not proceed to Great Britain as soon as reasonably practicable after such failure he shall no longer be treated as a merchant seaman by virtue of this paragraph;
"a British protected person" means a British protected person within the meaning of the British Nationality Act 1948(a);
"voluntary organisation" means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority; the expression "a person under treatment" applies, in respect of such period as the Secretary of State may allow having regard to all the circumstances of the particular case, to a person whose absence from Great Britain is temporary and for the specific purpose of being treated for incapacity which commenced before he left Great Britain;
and other expressions have the same meanings as in the Act.
(3) References in these regulations to any enactment or regulations shall include references to such enactment or regulations as amended by any subsequent enactment, order or regulations.
(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(b) shall apply to this instrument and to the revocations effected by it as if this instrument and the regulations revoked by it were Acts of Parliament, and as if each revocation were a repeal.
PART II
REQUIREMENTS AS TO NATIONALITY, RESIDENCE, ETC.
Requirements for family of a man and his wife living together
2. It shall be a condition of the right to any allowance at any date for the family of a man and his wife living together, if the man is not a British subject
(a) 1948 c. 56.
(b) 1889 c. 63.
whose place of birth is in the United Kingdom, that one of the following requirements is satisfied, namely:—
(1) that the wife is at that date a British subject whose place of birth is in the United Kingdom;or
(2) that the man or the wife is a British subject or a British protected person who for at least 52 weeks in the aggregate out of the 2 years immediately preceding that date has either been present in Great Britain or, when not so present, been a member of the forces or a merchant seaman;or
(3) that for at least 156 weeks in the aggregate out of the 4 years immediately preceding that date the man or the wife has either been present in Great Britain or, when not so present, been a member of the forces or a merchant seaman.
Requirements for family of a man not having a wife or not living together with his wife
3. It shall be a condition of the right to any allowance at any date for the family of a man not having a wife or not living together with his wife, if he is not a British subject whose place of birth is in the United Kingdom, that one of the following requirements is satisfied, namely:—
(1) that he is at that date a British subject or a British protected person who for at least 52 weeks in the aggregate out of the 2 years immediately preceding that date has either been present in Great Britain or, when not so present, been a member of the forces or a merchant seaman;or
(2) that for at least 156 weeks in the aggregate out of the 4 years immediately preceding that date he has either been present in Great Britain or, when not so present, been a member of the forces or a merchant seaman.
Requirements for family of a woman not having a husband or not living together with her husband
4. It shall be a condition of the right to any allowance at any date for the family of a woman not having a husband or not living together with her husband, if she is not a British subject whose place of birth is in the United Kingdom, that one of the following requirements is satisfied, namely:—
(1) that she is a British subject or a British protected person who for at least 52 weeks in the aggregate out of the 2 years immediately preceding that date has either been present in Great Britain or, when not so present, been a...
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