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The Child Benefit (General) (Amendment) Regulations 2004
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- 2004 No. 1244
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Child Benefit (General) Regulations 2003 (S.I. 2003/493: “the principal Regulations”).
Sections 146(2) of the Social Security Contributions and Benefits Act 1992 (c. 4) and section 142(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) provide that no person shall be entitled to child benefit unless he or she is in Great Britain, or Northern Ireland, as the case may be, in that week. Subsection (3) of each section gives power (now vested in the Treasury) to prescribe circumstances in which a person is treated as being, or not being, in the relevant country. Regulations 21 and 25 of the principal Regulations introduce an ordinary residence test.
Regulation 1 of these Regulations provides for citation, commencement and effect, and regulation 2 provides for the principal Regulations to be amended.
Regulations 3 and 4 add new Regulations 21(4) and 25(3) to the principal Regulations. The main effect of the amendments is that, where a person claims child benefit on or after 1st May 2004, he or she must have a legal right to reside in the United Kingdom. The legal right to reside may arise under either domestic or EC law.
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