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The Child Benefit (General) Regulations 1976

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PART II U.K.Transitional Provisions

Definitions for the purposes of Part II of these Regulations U.K.

18.  In this Part of these Regulations, “the Act of 1965” means the Family Allowances Act 1965 F1 and “family allowance” means an allowance under the Act of 1965.

Textual Amendments

Transitional modification of section 11 of the Family Allowances Act 1965 and of regulations 12 and 13 of the Family Allowances (Qualifications) Regulations 1969 U.K.

19.  Section 11 of the Act of 1965 (child not to be treated as included in any family in certain circumstances) except subsections (6) and (8) of that section shall not apply to a child for any period which does not begin before 1st February 1977; and in a case where the absence of a child from a person does not begin before that date and is by reason of the fact that the child, whether residing in a residential establishment or boarded out under the Children Act 1948 F2 or the Social Work (Scotland) Act 1968 or otherwise, has been kept in the care of a local authority under the said Act of 1948 or the said Act of 1968, regulations 12 and 13 of the Family Allowances (Qualifications) Regulations 1969 F3 (rules for determining, inter alia, whether the absence of a child from a parent or a person other than a parent is temporary) shall have effect in relation to such an absence as if references in them to 4 weeks were references to 8 weeks.

Textual Amendments

F3S.I. 1969/212 (1969 I, p.543).

Transitional provisions relating to apprentices under the Act of 1965 U.K.

20.—(1) Where immediately before the appointed day a family allowance is payable in respect of a person aged 16 but under the age of 19 as being an apprentice within the meaning of the Act of 1965, then notwithstanding that that person does not satisfy the requirement in section 2(1)(b) of the Act that he is receiving full-time education, he shall be treated as satisfying that requirement while he continues without a break to be an apprentice within the meaning of the Act of 1965; so however that the weekly rate of benefit payable in respect of him shall be the weekly rate at which family allowance was payable in respect of him immediately before the appointed day.

(2) Where in respect of a period ending immediately before the appointed day a person is entitled to a family allowance and the elder or eldest child included in the family of that person for the purposes of the Act of 1965 is an apprentice within the meaning of that Act, then for any period beginning with that day throughout which—

(a)that child continues to be an apprentice within the meaning of the Act of 1965; and

(b)that person would be entitled to benefit in respect of that child if that child satisfied the requirement in section 2(\)(b) of the Act that he is receiving full-time education,

benefit to which that person may be entitled in respect of a younger child in respect of whom he was entitled to a family allowance immediately before that day shall be payable at the weekly rate appropriate to a child who is not the only, elder or eldest child in respect of whom a person is entitled to benefit.

Transitional provisions relating to circumstances in which spouses are to be treated as residing otherwise than together U.K.

21.—(1) Where immediately before the appointed day a married person is entitled to a family allowance and for the purposes of the Act of 1965 he then fell to be regarded as living otherwise than together with his spouse, while he and that spouse would continue without a break to be regarded as living otherwise than together for the purposes of the Act of 1965 they shall be treated as residing otherwise than together for the purposes of benefit.

(2) Where for the purposes of section 16 of the Act (interim benefit for unmarried or separated parents with children) a person who was married—

(a)fell to be regarded as not residing with his spouse immediately before the appointed day; and

(b)was entitled to benefit under that section for a period ending immediately before that day,

then while without any break that person would continue to be regarded as not residing with his spouse for the purposes of that section he shall be treated as not residing with his spouse for the purposes of benefit.

Transitional provision relating to calculation of contributions and expenditure in respect of a child U.K.

22.  Where in connection with benefit a question arises whether in relation to the week beginning with the appointed day a person is—

(a)contributing to the cost of providing for a child at a weekly rate which is not less than the weekly rate of benefit payable in respect of the child for that week; or

(b)regularly incurring expenditure in respect of a child,

and in determining that question account falls to be taken of contributions made or expenditure incurred by that person before the appointed day, that person shall be treated as having been so contributing or as so regularly incurring expenditure before the appointed day if immediately before that day—

(i)he could be treated as satisfying in respect of the child the maintenance requirements in paragraph 1 of the Schedule to the Act of 1965; or

(ii)that child was, or could have been, treated as included in his family for the purposes of the Act of 1965.

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