The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/3268 |
| Year | 2009 |
2009 No. 3268
Social Security
The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009
Made 9th December 2009
Laid before Parliament 10th December 2009
Coming into force 1st January 2010
The Treasury, in exercise of the powers conferred by sections 77(9)1, 1422and 175(3) to (5) of the Social Security Contributions and Benefits Act 19923, sections 77(9), 138(5) and 171(3) to (5) and (10)4of the Social Security Contributions and Benefits (Northern Ireland) Act 19925and sections 49(1)(a) and (b) and (2)(a) and (b) of the Tax Credits Act 20026, and the Commissioners for Her Majesty’s Revenue and Customs, in exercise of the powers conferred by sections 1(1)(a), 5(1)(a), (i) and (m), and 189(4) to (6) of the Social Security Administration Act 19927, sections 1(1)(a), 5(1)(a), (j) and (n), and 165(4) to (6) and (11A)8of the Social Security Administration (Northern Ireland) Act 19929, sections 9(1), 10(3), 12(7), 79(4) to (7) and 84 of the Social Security Act 199810, Articles 2, 10(1), 11(3), 13(7) and 74(3) to (6) of the Social Security (Northern Ireland) Order 199811and section 50(1) and (2)(b) and (d) to (f) of the Tax Credits Act 2002, make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009, and shall come into force on 1st January 2010.
Interpretation
2. In these Regulations—
“the Administration Regulations” means the Child Benefit and Guardian’s Allowance (Administration) Regulations 200312;
“the Appeals Regulations” means the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 200313;
“the General Regulations” means the Child Benefit (General) Regulations 200614; and
“the Guardian’s Allowance Regulations” means the Guardian’s Allowance (General) Regulations 200315.
Amendments to the Administration Regulations
3.—(1) The Administration Regulations are amended as follows.
(2) In regulation 2 for the definition of “appropriate office”16substitute—
““appropriate office” means—
(a) Waterview Park, Washington, Tyne and Wear; or
(b) any other office specified in writing by the Board.”.
(3) For regulation 5(1) (making a claim) substitute—
“1 A claim, or an extension of a claim, for child benefit or guardian’s allowance must be made—
(a) to the Board, in writing and completed on a form approved or authorised by the Board for the purpose of the claim; or
(b) in such other manner as the Board may decide having regard to all the circumstances.”.
(4) In regulation 19(1) (persons who may elect to have child benefit paid weekly)—
(a)
(a) after sub-paragraph (b)(i) delete “or”; and
(b)
(b) after sub-paragraph (b)(ii), add—
“;
(iii)
(iii) an income-related employment and support allowance within the meaning in Part 1 of the Welfare Reform Act 200717or Part 1 of the Welfare Reform Act (Northern Ireland) 200718; or
(iv)
(iv) a state pension credit within the meaning in the State Pension Credit Act 200219or the State Pension Credit Act (Northern Ireland) 200220.”.
(5) In regulation 26 (extinguishment of a right to payment if payment is not obtained within the prescribed period)21—
(a)
(a) for paragraph (1) substitute—
“1 A person’s right to payment of any sum of child benefit or guardian’s allowance shall be extinguished if payment of that sum has not been obtained within 12 months of the issue by the Board of a cheque or other instrument of payment to that person.”.
(b)
(b) omit paragraphs (2) to (5).
Amendment to the Appeals Regulations
4. In regulation 2(1) of the Appeals Regulations (interpretation) for the definition of “the appropriate office” substitute—
““the appropriate office” means—
(a) Waterview Park, Washington, Tyne and Wear; or
(b) any other office specified in writing by the Board.”.
Amendments to the General Regulations
5.—(1) The General Regulations are amended as follows.
(2) In regulation 1(3), for the definition of “an appropriate office” substitute—
““an appropriate office” means—
(a) Waterview Park, Washington, Tyne and Wear; or
(b) any other office specified in writing by the Commissioners.”.
(3) In regulation 1(3) for sub-paragraph (d) of the definition of “approved training”22substitute—
“(d)
“(d) in relation to Northern Ireland, known as “Jobskills” or “Training for Success: Professional and Technical Training” or “Programme Led Apprenticeships (Apprenticeships NI)”;”.
(4) At the beginning of regulation 4(2) (continuation of entitlement until 31st August: 16 year olds) insert “Subject to paragraph (3),”.
(5) After regulation 4(2) add—
“3 In the case of a person who attains the age of 16 on 31 August in any year, the condition is that the 1st September immediately following has not passed.”.
(6) For regulation 5(2)(f) (extension period:16 and 17 year olds) substitute—
“(f)
“(f) the individual who is responsible for that person, within three months of that person’s ceasing education or training, has made a request for the payment of child benefit during the extension period to the Commissioners, in writing, or by such other means as the Commissioners may accept.”.
Amendment to the Guardian’s Allowance Regulations
6. In regulation 10 of the Guardian’s Allowance Regulations (prescribed manner of making an election under section 77(9) of the Act or section 77(9) of the Northern Ireland Act) for paragraph (3)23substitute—
“3 In paragraph (2) “an appropriate office” means—
(a) Waterview Park, Washington...
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