The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 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 1976 (S.I. 1976/1267) (“the 1976 Regulations”) so as to revoke 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 force 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 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 5 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 before the end of the period of six months beginning with the coming into force of section 72 of the Social Security Act 1998; they are accordingly exempt from referral to the Social Security Advisory Committee under section 173(5)(a) of the Social Security Administration Act 1992 (c. 5) and have not been so referred.

These Regulations do not impose a charge on business.