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The Child Benefit (Residence and Persons Abroad) Regulations 1976

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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

4.—(1) Section 13(3)(a) of the Act (subject to regulations, no person to be entitled to benefit in respect of a child for any week unless that person is in Great Britain in that week) shall have effect subject to the following provisions of this regulation and to the provisions of Parts II and III of these regulations.

(2) The said section 13(3)(a) of the Act shall not operate to disentitle a person to benefit in respect of a child for any week in which that person is absent from Great Britain if—

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

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

(c)that week falls within a period of 26 weeks beginning with the first week of that person's absence.

(3) If in the week in which a woman gives birth to a child in Great Britain she subsequently leaves Great Britain or if she gives birth to a child while she is absent from Great Britain, then if—

(a)her absence from Great Britain was when it began intended to be temporary and has throughout continued to be so intended; and

(b)that child (if born outside Great Britain) was born within the period of 26 weeks beginning with the first week of its mother's absence; and

(c)had that child been born at the beginning of the week immediately preceding that in which its mother's absence began, she could have satisfied the requirements for entitlement to benefit in respect of it,

the said section 13(3)(a) shall not operate to disentitle a person to benefit in respect of that child for the period of 26 weeks beginning with the first week of its mother's absence.

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