The Child Benefit (Residence and Persons Abroad) Regulations 1976

Circumstances in which benefit may be payable in respect of a child for a week in which that child is absent from Great Britain

2.—(1) Section 13(2)(a) of the Act (subject to regulations, benefit not to be payable in respect of a child for any week unless that child is in Great Britain in that week) shall have effect subject to the following provisions of this regulation and the provisions of Parts II and III of these regulations.

(2) The said section 13(2)(a) shall not operate to make benefit not payable in respect of a child for any week in which that child is absent from Great Britain if—

(a) a person is entitled to benefit in respect of that child for the week immediately preceding the first week of the child's absence from Great Britain; and

(b) the child's absence was when it began intended to be temporary and has throughout continued to be so intended; and

(c) that week—

(i) falls within a period of [F1 12] weeks beginning with the first week of the child's absence; or

[F2 (ii) is a week, not falling within the period specified in sub-paragraph (c)(i) above, in which the child’s absence is by reason only of his receiving full-time education by attendance at a recognised educational establishment in another State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 or his being engaged in an educational exchange or visit made with the written approval of the recognised educational establishment which he normally attends;]

(iii) being a week in which the child's absence is for the specific purpose of being treated for illness or disability of mind or, body which commenced before his absence began but not falling within the period specified in sub-paragraph (c)(i), falls within such extended period of time (if any) as is determined by the Secretary of State in his discretion.

(3) Where a child leaves Great Britain in the week in which it was born or is born while its mother is absent from Great Britain, the said section 13(2)(a) shall not operate to make benefit not payable in respect of that child for any week in which, by virtue of the provisions of regulation 4(3), section 13(3)(a) of the Act does not operate to disentitle a person to benefit in respect of that child.

Textual Amendments

F1 Word in reg. 2(2)(c)(i) substituted (1.3.1999) by The Child Benefit (Residence and Persons Abroad) Amendment Regulations 1999 (S.I. 1999/198), regs. 1(1), 2(a) (with reg. 3)

F2 Reg. 2(2)(c)(ii) substituted (1.3.1999) by The Child Benefit (Residence and Persons Abroad) Amendment Regulations 1999 (S.I. 1999/198), regs. 1(1), 2(b) (with reg. 3)