The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993

Amendment of regulation 15 of the Income Support Regulations

5.  In regulation 15 of the Income Support Regulations (circumstances in which a person is to be treated as responsible or not responsible for another) for paragraphs (1) and (2) there shall be substituted the following paragraphs—

“(1) Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit.

(1A) In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.

(2) In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—

(a) except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or

(b) where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.”.