Meaning of “child” for the purposes of the 1991 ActE+W+S
76.—[F1(1)] [F2Subject to paragraphs (2) and (3), the prescribed] condition for the purposes of section 55(1) of the 1991 Act M1 (that is the condition that must be satisfied if a person who has attained the age of 16 but not the age of 20 is to fall with the meaning of “child”) is that the person is a qualifying young person as defined in section 142(2) of the Social Security Contributions and Benefits Act 1992M2.
[F3(2) A person does not satisfy the condition referred to in paragraph (1) where the person is—
(a)engaged in remunerative work in any week during a prescribed period; or
(b)in receipt of other financial support in any week.
(3) Case 2.1(b)(i) in regulation 7(2) (qualifying young person: terminal dates) of the Child Benefit (General) Regulations 2006 (the “2006 Regulations”) is to be read as if at the beginning there were inserted “the week in which”.
(4) In this regulation—
“other financial support” means any of the types of financial support specified in regulation 8(2) (child benefit not payable in respect of a qualifying young person: other financial support) of the 2006 Regulations;
“prescribed period” is the period found in accordance with cases 1 and 2 in regulation 7(2) of the 2006 Regulations (as modified in respect of case 2.1(b)(i) by paragraph (3) of this regulation);
“remunerative work” has the meaning given in regulation 1(3) (citation, commencement and interpretation) of the 2006 Regulations;
“week” has the meaning in the 2006 Regulations.]
Textual Amendments
F1Reg. 76(1): reg. 76 renumbered as reg. 76(1) (19.7.2021) by The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 4(2)(a)
F2Words in reg. 76(1) substituted (19.7.2021) by The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 4(2)(b)
F3Reg. 76(2)-(4) inserted (19.7.2021) by The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 4(2)(c)
Commencement Information
I1Reg. 76 wholly in force; reg. 76 not in force at made date; reg. 76 in force at 29.7.2013 for certain purposes and reg. 76 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947
Marginal Citations
M1Section 55 was substituted by section 42 of the 2008 Act.
M21992 c. 4. Section 142 defines the terms “child” and “qualifying young person” for the purposes of entitlement to child benefit. A child is a person under 16 and a qualifying young person is a person aged 16 or over who satisfies conditions in regulations made by Her Majesty's Treasury. The relevant regulations are S.I. 2006/223 as amended by S.I. 2007/2150, 2008/1879 and 2009/3268.