Section 144(3).
1(1)Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child [F1or qualifying young person] for any week and a person to whom child benefit in respect of that child [F2or qualifying young person] for that week has already been awarded when the claim is made, the latter shall be entitled.E+W+S
(2)Sub-paragraph (1) above shall not confer any priority where the week to which the claim relates is later than the third week following that in which the claim is made.
Textual Amendments
F1Words in Sch. 10 para. 1(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 18(2)(a)
F2Words in Sch. 10 para. 1(1) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 18(2)(b)
Textual Amendments
F3Words in Sch. 10 para. 2 cross-heading inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 18(3)
2E+W+SSubject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 143 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.
Textual Amendments
F4Sch. 10 para. 3 and cross-heading substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 14(5)(a)
3E+W+SSubject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.]
4(1)Subject to paragraphs 1 to 3 above, as between a person who is and one who is not a parent of the child [F5or qualifying young person] the parent shall be entitled.E+W+S
(2)Subject as aforesaid, as between two persons residing together who are parents of the child [F5or qualifying young person] but [F6do not fall within paragraph 3], the mother shall be entitled.
Textual Amendments
F5Words in Sch. 10 para. 4 inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 18(4)
F6Words in Sch. 10 para. 4(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 14(5)(b)
5E+W+SAs between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Secretary of State may in his discretion determine.
6(1)Any election under this Schedule shall be made in the prescribed manner.E+W+S
(2)Regulations may provide for exceptions from and modifications of the provisions of paragraphs 1 to 5 above in relation to such cases as may be prescribed.