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Statutory Instruments

1996 No. 2530

SOCIAL SECURITY

The Child Benefit (General) Amendment (No. 2) Regulations 1996

Made

3rd October 1996

Laid before Parliament

4th October 1996

Coming into force

7th October 1996

The Secretary of State for Social Security, in exercise of powers conferred upon him by sections 146A, 147(1) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992(1) and of all other powers enabling him in that behalf, by this instrument which is made before the end of the period of 6 months beginning with the coming into force of the aforesaid section 146A(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Child Benefit (General) Amendment (No. 2) Regulations 1996 and shall come into force on 7th October 1996 immediately after the Child Benefit (General) Amendment Regulations 1996(3).

Amendment of the Child Benefit (General) Regulations 1976

2.  In regulation 14B of the Child Benefit (General) Regulations 1976(4), after paragraph (e), there shall be inserted the following paragraphs —

(f)a person whose leave to enter or remain in the United Kingdom is not subject to any limitation;

(g)a person, other than a person to whom any of paragraphs (a) to (f) above apply who, immediately before 7th October 1996, is being paid child benefit, save that this paragraph shall apply only until such time as that person’s entitlement to that benefit is reviewed under section 25 of the Social Security Administration Act 1992.

Revocation

3.  Regulation 3 of the Child Benefit (General) Amendment Regulations 1996 (saving) is revoked.

Signed by authority of the Secretary of State for Social Security.

A. J. B. Mitchell

Parliamentary Under-Secretary of State,

Department of Social Security

3rd October 1996

Explanatory Note

(This note is not part of the Regulations)

The Regulations made by this instrument are made by virtue of provisions introduced by the Asylum and Immigration Act 1996 (c. 49). The instrument is made before the end of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempted from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

These Regulations amend the Child Benefit (General) Regulations 1976 (S.I. 1976/965) and prescribe additional conditions when section 146A of the Social Security Contributions and Benefits Act 1992 (which disentitles persons who require leave to enter or remain in the United Kingdom from receiving child benefit) will not apply (regulation 2).

Regulation 3 revokes a previous provision.

These Regulations do not impose a charge on business.

(1)

1992 c. 4; section 146A was inserted by the Asylum and Immigration Act 1996 (c. 49), section 10. Section 147(1) is an interpretation provision and is cited because of the meaning assigned to the word "prescribed".

(2)

See the Social Security Administration Act 1992 (c. 5), section 173(5)(a).

(3)

S.I. 1996/2327.

(4)

S.I. 1976/965; regulation 14B was inserted by S.I. 1996/2327.