The Child Benefit (Miscellaneous Minor Amendments) Regulations 1976

Amendments of the Residence and Persons Abroad Regulations

4.—(1) In regulation 4 of the Residence and Persons Abroad Regulations (circumstances in which a person may be entitled to benefit in respect of a child for a week in which that person is absent from Great Britain) in paragraph (2) the words “of the Act” shall be omitted and after that paragraph there shall be inserted the following paragraph:—

“(2A) If a person dies while paragraph (2) applies to him, the said section 13(3)(a) shall not operate to disentitle another person to benefit in respect of a child, being a child in respect of whom the deceased was entitled to benefit immediately before his death, for any week which falls within a period of 26 weeks beginning with the first week of the deceased's absence from Great Britain.”.

(2) In regulation 5 of the said Regulations (circumstances in which a person may be entitled to benefit in respect of a child for a week where that person has not been in Great Britain for more than 182 days in the 52 weeks preceding that week) for sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph:—

“(a) in that week that child satisfies or, otherwise than by virtue of regulation 3(2)(a), is to be regarded as satisfying the requirements in section 13(2)(a) and (b) of the Act and that person is in fact in Great Britain and responsible for that child within the meaning of section 3(1) of the Act; or”.