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The Child Benefit and Guardian’s Allowance (Administration) (Amendment No. 3) Regulations 2003
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- 2003 No. 2107
- Explanatory Note
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Explanatory Note
(This note is not part of the regulations)
These Regulations amend the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492).
Under Part 6 of the Child Benefit (General) Regulations 2003 (S.I. 2003/493) a person who is receiving Child Benefit in Great Britain or in Northern Ireland will cease to be entitled to that benefit if he or she permanently leaves that country or leaves on a temporary basis for more than 8 weeks. Entitlement to Guardian’s Allowance is dependent on entitlement to Child Benefit.
Under regulation 18 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) a person who is receiving Child Benefit or Guardian’s Allowance is required to notify the Child Benefit Office of any change of address. Not providing a change of address can lead to suspension of payment under regulation 18, and may result in termination of benefit under regulation 20, of those Regulations.
Where a person moves from Great Britain to Northern Ireland, or vice versa, he or she must claim Child Benefit or Guardian’s Allowance in the new country in which he or she is residing.
These Regulations remove the usual three month time limit for making a claim (in regulation 6 of S.I. 2003/492), where a person has moved country as mentioned above, and may have inadvertently omitted to inform the Child Benefit Office, but apart from their move, would have remained entitled to Child Benefit or Guardian’s Allowance. This aligns treatment of those persons with persons who move within other parts of Great Britain.
These Regulations replace S.I. 2003/1945 (which have been withdrawn due to a procedural error).
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