The Child Benefit (Residence and Persons Abroad) (Amendment) Regulations (Northern Ireland) 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Benefit (Residence and Persons Abroad) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st March 1999.

(2) In these Regulations “the principal Regulations” means the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976(1).

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the principal Regulations

2.  Subject to regulation 3 (saving), in regulation 2(2)(c) of the principal Regulations (child benefit to remain payable during a child’s absence abroad in specified cases)–

(a) in head (i)(3) for “eight” there shall be substituted “twelve”;

(b) for head (ii) there shall be substituted the following head–

“(ii) is a week, not falling within the period specified in head (i), 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(4) as adjusted by the Protocol signed at Brussels on 17th March 1993(5) or his being engaged in an educational exchange or visit made with the written approval of the recognised educational establishment which he normally attends;”.

Saving

3.  Where child benefit was payable, in any week in the twelve weeks immediately preceding 1st March 1999 in the case of a child, by virtue of regulation 2(2)(c)(ii) of the principal Regulations as then in operation, and that child either–

(a) remains continuously absent from Northern Ireland; or

(b) returns to Northern Ireland for any period not exceeding twelve weeks,

that regulation as originally in operation shall continue to have effect in his case, as if regulation 2 has not been made, up to and including either 6th September 1999 or the Monday of the one hundred and fifty-sixth week following the date the child first started being educated abroad, whichever is the later.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

2nd February 1999.