The Child Benefit (General) Amendment Regulations 1988

Insertion of regulation 7D into the principal Regulations

6.  The following regulation shall be inserted after regulation 7C of the principal Regulations(1) (child receiving income support)—

“Circumstances in which a person who has ceased to receive full-time education is to be treated as a child

7D.— (1)  For the purposes of section 2(1)(aa) of the Act, in relation to a person under the age of 18 who is not receiving full-time education, the prescribed conditions are—

(a) that person is registered for work or for training under the youth training scheme with—

(i) the Department of Employment;

(ii) the Ministry of Defence;

(iii) in England and Wales, a local education authority within the meaning of section 114(1) of the Education Act 1944(2) (interpretation);

(iv) in Scotland, an education authority within the meaning of section 135(1) of the Education (Scotland) Act 1980(3) (interpretation); or

(v) for the purposes of applying Council Regulation (EEC) No. 1408/71, any corresponding body in another member State;

(b) that person is not engaged in remunerative work;

(c) the extension period which applies in the case of that person has not expired;

(d) immediately before the extension period begins, the person who is responsible for him is entitled to benefit in respect of him without regard to this regulation; and

(e) the person who is responsible for him has made a written request to the Department for the payment of benefit during the extension period.

(2)  For the purposes of paragraph (1)(c), (d) and (e), the extension period—

(a) begins on the first day of the week in which benefit would cease to be payable in respect of a person but for this regulation; and

(b) where a person ceases to be treated as a child by virtue of section 2(1)(a) of the Act (meaning of child) or regulation 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(i) on or after the first Monday in September, but before the first Monday in January of the following year, ends on the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii) on or after the first Monday in January but before the Monday following Easter Monday in that year, ends on the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii) at any other time of the year, ends on the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year.

(3)  Child benefit shall not be payable by virtue of section 2(1)(aa) of the Act in respect of a child aged 16 or over for any week in which—

(a) he is engaged in training under the youth training scheme; or

(b) he is entitled to income support.”.

(1)

Regulation 7C was inserted by S.I. 1980/1045.

(2)

1944 c. 31; the definition in section 114 has been amended by S.I. 1974/595 and 1977/293. As from 1st April 1965, any reference in the Education Acts, or in any other Act, to a local education authority is to be construed in relation to any outer London borough as a reference to the council of that borough and in relation to the Inner London Education Area as a reference to the Inner London Education Authority (section 30 of the London Government Act 1963 (c. 33) and section 18 of the Local Government Act 1985 (c. 51)).

(3)

1980 c. 44.