The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, with exceptions, amend the Child Benefit (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (“the 1976 Regulations”) so as to rovoke the conditions for entitlement to the higher rate of child benefit for a lone parent.

Provision is made for lone parents who cease to be in receipt of certain benefits specified in the 1976 Regulations after these Regulations come into operation and who claim child benefit at the higher rate within one month of ceasing to receive the specified benefit, to be entitled to the higher rate of child benefit while they continuously satisfy the conditions for that higher rate.

Transitional provisions preserve a person’s entitlement to the higher rate of child benefit where—

(a) the parent is in receipt of the higher rate of child benefit on 5th July 1998 (“the date”);

(b) on or before the date, the parent has claimed child benefit or applied for child benefit at the higher rate and it is payable on the date;

(c) the parent claims child benefit within 3 months of becoming entitled to that rate and child benefit is payable on the date;

(d) the parent is in receipt of child benefit but not at the higher rate and in consequence of a review is entitled to the higher rate and it is payable on the date, provided that the parent applies for the review within one month of becoming so entitled; or

(e) the parent is receiving either income support or an income-based jobseeker’s allowance (“the relevant benefit”) and his applicable amount includes a family premium at the lone parent rate, a pensioner premium or a disability premium when the relevant benefit ends, where the premium is a disability or a pensioner premium it was included in his applicable amount on 5th April 1998 and on starting work he applies for a review of an award of child benefit within one month of ceasing to receive the relevant benefit,

but only for so long as he continuously satisfies the conditions for an award of child benefit at the higher rate.

• These Regulations are made under Article 68 of the Social Security (Northern Ireland) Order 1998 which was brought into operation on 1st July 1998 by virtue of Article 1(3) of that Order. The Regulations are made within 6 months of the coming into operation of Article 68 and accordingly are exempt by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) from referral to the Social Security Advisory Committee.