http://www.legislation.gov.uk/uksi/2003/492The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003Child benefitBenefitsIncome supportBenefits for parents and childrenNational insuranceSOCIAL SECURITYStatute Law Database2025-05-13Expert Participation2025-04-07 These Regulations make provision in relation to the administration of child benefit and guardian’s allowance which is to be transferred from the Department for Work and Pensions (in Northern Ireland, the Department for Social Development) to the Commissioners of Inland Revenue by Part 2 of the Tax Credits Act 2002 (c. 21) with effect from 1st April 2003. The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003reg. 6(1)The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2003reg. 3(1)reg. 1The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003reg. 6(2)The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2003reg. 3(2)reg. 1 2003 No. 492 SOCIAL SECURITY The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 Made 5th March 2003 Laid before Parliament 5th March 2003 Coming into force 7th April 2003 The Commissioners of Inland Revenue, in exercise of the powers conferred upon them by the provisions set out in Schedule 1, hereby make the following Regulations: PART 1GENERALCitation, commencement and effect11These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 50 of the Tax Credits Act 2002 for the purposes of entitlement to payment of child benefit and guardian’s allowance.2These Regulations have effect only in relation to—achild benefit and guardian’s allowance under the Contributions and Benefits Act; andbchild benefit and guardian’s allowance under the Contributions and Benefits (NI) Act.Interpretation2In these Regulations—“the adjudicating authority” means—the Board;an appeal tribunal constituted under ... Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998; ora Commissioner ... to whom an appeal lies under Article 15 of that Order;the First-tier Tribunal or the Upper Tribunal;“the Administration Act” means the Social Security Administration Act 1992;“the Administration (NI) Act” means the Social Security Administration (Northern Ireland) Act 1992; “appropriate office” means—Waterview Park, Washington, Tyne and Wear; orany other office specified in writing by the Board. “the approved form” has the meaning given by regulation 5(1)(a);“the Board” means the Commissioners for Her Majesty’s Revenue and Customs; “civil partnership” means two people ... who are civil partners of each other and are neither—separated under a court order, norseparated in circumstances in which the separation is likely to be permanent; “cohabiting couple” means two people who are not a married couple or in a civil partnership but are living together as if they were married or civil partners; “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;“the Contributions and Benefits (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;“interim payment” has the meaning given by regulation 22(1);“married couple” means a man and a woman who are married to each other and are neither—separated under a court order, norseparated in circumstances in which the separation is likely to be permanent; “partner” means a member of a married couple, a civil partnership or a cohabiting couple;“relevant authority” means—in relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, the Secretary of State or a person providing services to the Secretary of State;in relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, the Department for Social Development in Northern Ireland or a person providing services to that Department;...“writing” includes writing produced by electronic communications used in accordance with Schedule 2.Use of electronic communications3Schedule 2 (the use of electronic communications) has effect.Notification for purposes of sections 111A and 112 of the Administration Act and sections 105A and 106 of the Administration (NI) Act41This regulation prescribes the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Administration Act and sections 105A(1A) to (1G) and 106(1A) to (1F) of the Administration (NI) Act (offences relating to failure to notify a change of circumstances).2Notice of the change of circumstances must be given to the Board, or, where relevant, a relevant authority, in writing (except where they determine or it determines, in any particular case, that they or it will accept a notice other than in writing) by delivering or sending it to an appropriate office.PART 2CLAIMS AND AWARDSMaking a claim51A claim, or an extension of a claim, for child benefit or guardian’s allowance must be made—ato the Board, in writing and completed on a form approved or authorised by the Board for the purpose of the claim; orbin such other manner as the Board may decide having regard to all the circumstances.2The person making the claim must deliver or send it to an appropriate office.3Subject to regulation 10, the claim is made on the date on which it is received by the appropriate office.Time within which claims to be made61The time within which a claim for child benefit or guardian’s allowance is to be made is 3 months beginning with any day on which, apart from satisfying the conditions for making the claim, the person making the claim is entitled to the benefit or allowance.2Paragraph (1) shall not apply where—aa person has been awarded child benefit or guardian’s allowance while he was present and residing in Great Britain, or Northern Ireland;bat a time when payment of the award has not been suspended or terminated (under regulations 18 to 20 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 or otherwise), he takes up residence in Northern Ireland, or Great Britain as the case may be (“the new country of residence”); andca new claim for that benefit or allowance is made in the new country of residence, for a period commencing on the later of—ithe date of the change of residence referred to in sub-paragraph (b), oriithe date on which, apart from satisfying the conditions for making the claim, the person became entitled to the benefit or allowance under the legislation of the new country of residence.d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Evidence and information71The Board may require the person making the claim for child benefit or guardian’s allowance to supply such information or evidence in connection with the claim, or any questions arising out of it, as the Board considers reasonable.2A person required under paragraph (1) to furnish ... information and evidence must do so—awithin one month of being required by the Board to do so; orbwithin such longer period as the Board may consider reasonable.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amending claims81A person who has made a claim for child benefit or guardian’s allowance may amend it by giving to the Board or a relevant authority notice in writing in accordance with paragraph (2).2A notice under paragraph (1) must be delivered or sent to an appropriate office at any time before a determination has been made on the claim.3The Board may treat a claim amended in accordance with this regulation as if it had been so amended when first made.Withdrawing claims91A person who has made a claim for child benefit or guardian’s allowance may withdraw it by giving notice—ain writing to the Board,bby telephone to the Board, orcin such other manner as the Board may accept as sufficient in the circumstances of the particular case.2A notice of withdrawal given in accordance with paragraph (1)(a) has effect when it is received by an appropriate office.Defective applications101If an appropriate office receives a defective application, the Board or the relevant authority may refer it back to the person making it or supply him with the approved form for completion.2Where—ain accordance with paragraph (1), a defective application has been referred back, or an approved form supplied, to a person; andba claim is received by an appropriate office—iwithin the period of one month beginning with the date on which the defective application was referred back or the approved form was supplied; oriiwithin such longer period as the Board may consider reasonable,the claim shall be treated as having been made on the date on which the appropriate office received the defective application.3“Defective application” means an intended claim which—ais made on an approved form which has not been completed in accordance with the instructions on it; orbis in writing but is not made on the approved form.Claims for child benefit treated as claims for guardian’s allowance and vice versa111Where it appears to the Board that a person who has made a claim for child benefit in respect of a child or qualifying young person may be entitled to guardian’s allowance in respect of the same child or qualifying young person, the Board may treat, either in the alternative or in addition, the claim as being a claim for guardian’s allowance by that person.2Where it appears to the Board that a person who has made a claim for guardian’s allowance in respect of a child or qualifying young person may be entitled to child benefit in respect of the same child or qualifying young person, the Board may treat, either in the alternative or in addition, the claim as being a claim for child benefit by that person.Advance claims and awards121This regulation applies where a person who has made a claim for child benefit or guardian’s allowance does not satisfy the requirements for entitlement on the date on which the claim is made.2If the Board are of the opinion that, unless there is a change of circumstances, the person will satisfy those requirements for a period beginning with a date (“the relevant date”) not more than 3 months after the date on which the claim is made, they—amay treat the claim as if made for a period beginning with the relevant date; andbmay award the benefit or allowance accordingly, subject to the condition that the person satisfies the requirements for entitlement when the benefit or allowance becomes payable under the award.3If the requirements for entitlement are found not to have been satisfied on the relevant date, a decision under paragraph (2)(b) to award benefit may be revised under—ain relation to child benefit and guardian’s allowance under the Contributions and Benefits Act, section 9 of the Social Security Act 1998;bin relation to child benefit and guardian’s allowance under the Contributions and Benefits (NI) Act, Article 10 the Social Security (Northern Ireland) Order 1998.Date of entitlement under an award for the purposes of payability131This regulation applies where child benefit or guardian’s allowance is awarded for a period of a week or weeks and the earliest date on which entitlement would commence is not a Monday.2For the purposes of determining the day from which the benefit or allowance is to become payable, entitlement shall be treated as beginning on the Monday next following the earliest date referred to in paragraph (1).Effective date of change of rate14Where a change in the rate of child benefit or guardian’s allowance would take effect, but for this regulation, on a day which would not be the appropriate pay day for the benefit or allowance, the change shall take effect from the appropriate pay day next following.Duration of claims and awards151Subject to paragraphs (2) and (3), a claim for child benefit or guardian’s allowance shall be treated as made for an indefinite period and any award shall be made for an indefinite period.2If it would be inappropriate to treat a claim as made and to make an award for an indefinite period (for example, where a relevant change of circumstances is reasonably to be expected in the near future), the claim shall be treated as made for a definite period which is appropriate in the circumstances and any award shall be made for that period.3In any case where benefit or allowance is awarded in respect of days subsequent to the date on which the claim was made, the award shall be subject to the condition that the person by whom the claim was made satisfies the requirements for entitlement.PART 3PAYMENTS<Substitution ChangeId="key-620f1adaf53f937bdccfa056891457be-1709021718649" CommentaryRef="key-620f1adaf53f937bdccfa056891457be">Payment by direct credit transfer</Substitution>161Child benefit or guardian’s allowance shall be paid in accordance with paragraphs (2) to (6) unless paid in accordance with regulation 17.2Payment of child benefit or guardian’s allowance ... shall be made by direct credit transfer into a bank or other account that the person entitled to the benefit or allowance has notified to the Board for the purpose of payment of—aa benefit described in section 5(2) of the Social Security Administration Act 1992;ba benefit described in section 5(2) of the Social Security Administration (Northern Ireland Act) 1992; orca tax credit described in section 1 of the Tax Credits Act 2002,to which that person is entitled.3If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid into the same bank or other account as that into which the child benefit is paid under this regulation.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Subject to paragraph (6), the benefit or allowance shall be paid within seven days of the last day of each successive period of entitlement.6The Board may make a particular payment by direct credit transfer otherwise than is provided by paragraph (5) if it appears to them appropriate to do so for the purpose of—apaying any arrears of benefit or allowance, orbmaking a payment in respect of a terminal period of an award for any similar purpose.<Substitution ChangeId="key-1d604e7079b17e2a583b9f6c220821a5-1709021898210" CommentaryRef="key-1d604e7079b17e2a583b9f6c220821a5">Payment by other means</Substitution>171Child benefit or guardian’s allowance may be paid by a means other than by direct credit transfer where it appears to the Board to be appropriate to do so in the circumstances of a particular case.2If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid in the same manner as that in which the child benefit is paid under this regulation.3An instrument of payment issued by the Board pursuant to this regulation shall—aremain the property of the Board, andbbe returned immediately to the Board (or such person as the Board may direct) if the person who has the instrument—iis required to do so by the Board; oriiceases to be entitled to any part of the benefit or allowance to which the instrument relates.Time of payment181Subject to paragraphs (2) to (4), child benefit and guardian’s allowance shall be paid in accordance with an award as soon as reasonably practicable after the award has been made.2Child benefit shall be paid—aif a person entitled to it makes an election under regulation 19 or 20, weekly beginning with the first convenient date after the election has been made;bin any other case, in the last week of each successive period of four weeks of the period of entitlement.3Where benefit is paid at four-weekly intervals in accordance with paragraph (2)(b), the Board must arrange for it to be paid weekly if they are satisfied that payment at intervals of four weeks is causing hardship.4If a person who has made a claim for child benefit is also entitled to guardian’s allowance, the allowance shall be paid at the same intervals as the child benefit.5The Board must take steps to notify persons to whom child benefit or guardian’s allowance is payable of the arrangements they have made for payment in so far as those arrangements affect those persons.Persons who may elect to have child benefit paid weekly191A person may make an election under this regulation to have child benefit paid weekly if—ahe is a lone parent; orbhe or his partner is receiving—iincome support; ...iian income-based allowance payable under Part 1 of the Jobseekers Act 1995 or Part 2 of the Jobseekers (Northern Ireland) Order 1995;iiian income-related employment and support allowance within the meaning in Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007; ...iva state pension credit within the meaning in the State Pension Credit Act 2002 or the State Pension Credit Act (Northern Ireland) 2002; orvuniversal credit under Part 1 of the Welfare Reform Act 2012 or Part 2 of the Welfare Reform (Northern Ireland) Order 2015. 2“Lone parent” means a person who has no partner and is entitled to child benefit in respect of a child or qualifying young person for whom he is responsible.3A person making an election under this regulation—amust furnish, in such manner and at such times as the Board may determine, such certificates, documents, other information or facts as the Board may require which may affect his right to receive payment of the benefit weekly; andbas soon as reasonably practicable after any change of circumstances which he might reasonably be expected to know might affect that right, must notify the Board in writing of that change in accordance with paragraph (4).4A notification under paragraph (3)(b) must be delivered or sent to an appropriate office as regards the Board.Elections for weekly payment by persons to whom child benefit was payable for a period beginning before and ending after 15th March 1982201This regulation applies to a person to whom child benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982.2A person to whom this regulation applies may make an election to have the benefit paid weekly after 15th March 1982 if—ahe makes it before the end of the period of 26 weeks beginning with the day on which benefit was payable for the first four weeks in respect of which arrangements for four-weekly payment were made;bin the case of benefit under the Contributions and Benefits Act, he was absent from Great Britain on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Great Britain on his return; orcin the case of benefit under the Contributions and Benefits (NI) Act, he was absent from Northern Ireland on 15th March 1982 for any of the reasons specified in paragraph (3) and he makes the election before the end of the period of 26 weeks beginning with the first week in respect of which benefit became payable to him in Northern Ireland on his return.3The reasons specified in this paragraph are that the person—awas a serving member of the forces;bwas the spouse of such a serving member; orcwas living with such a serving member as husband or wife.4“Serving member of the forces” means a person, other than one mentioned in Part 2 of Schedule 6 to the Social Security (Contributions) Regulations 2001, who, being over the age of 16 years, is a member of any establishment or organisation specified in Part 1 of that Schedule (being a member who gives full pay service) but does not include any such person while absent on desertion.Manner of making elections under regulations 19 and 20211This regulation applies to elections under regulations 19 and 20.2An election—amust be made by notice in writing to the Board; andbmust be delivered or sent to an appropriate office as regards the Board.3An election is made on the date on which it is received by the appropriate office.4Where a person has made an election, child benefit is payable weekly so long as—ahe remains continually entitled to it; andbin the case of an election under regulation 19, the conditions specified in paragraph (1)(a) or (b) of that regulation continue to be satisfied.5A person who has made an election may cancel it at any time by giving to the Board a notice in writing which must be sent or delivered to an appropriate office as regards the Board.6The Board must give effect to a notice given in accordance with paragraph (5) as soon as reasonably practicable after receiving it.Interim payments221If the condition in any sub-paragraph of paragraph (1A) is satisfied, the Board may make a payment on account (“an interim payment”) of any child benefit or guardian’s allowance to which it appears to them that a person—ais or may be entitled,bwhere sub-paragraph (a) of paragraph (1A) applies, would or might be entitled, were a claim made,cwhere sub-paragraph (b) of that paragraph applies, would or might be entitled, were the national insurance number condition satisfied.1AThe conditions are that—aa claim for benefit or allowance has not been made in accordance with these Regulations and it is impracticable for such a claim to be made immediately;ba claim has been made in accordance with these Regulations, the conditions of entitlement are satisfied other than the national insurance number condition, and it is impracticable for that condition to be satisfied immediately;ca claim for the benefit or allowance has been so made but it is impracticable for it, or an application or appeal relating to it, to be determined immediately;dan award of the benefit or allowance has been made but it is impracticable for the person entitled to it to be paid immediately other than by means of an interim payment.2Paragraph (1) does not apply pending the determination of an appeal ....3On or before the making of an interim payment, the Board must give the person to whom payment is to be made notice in writing of his liability under regulations 41 and 42 to have it brought into account and to repay any overpayment.4In this regulation “the national insurance number condition” means the condition imposed—ain Great Britain, by section 13(1A) and (1B), of the Administration Act (requirement for claim to be accompanied by details of national insurance number);bin Northern Ireland, by section 11(1A) and (1B) of the Administration (NI) Act.Information to be given and changes to be notified231This regulation applies to any person entitled to child benefit or guardian’s allowance and any person by whom, or on whose behalf, payments of such benefit or allowance are receivable.2A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information or evidence as the Board may require for determining whether a decision on an award—ain relation to benefit or allowance under the Contributions and Benefits Act, should be revised under section 9 or superseded under section 10 of the Social Security Act 1998;bin relation to benefit or allowance under the Contributions and Benefits (NI) Act, should be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.3A person to whom this regulation applies must furnish in such manner and at such times as the Board may determine such information and evidence as the Board may require in connection with the payment of the benefit or allowance.3AWhere a person is in receipt of a benefit or allowance by means other than a direct credit transfer, in accordance with regulation 17, that person must, if required, within such time as the Board may determine, provide details of a bank or other account to which payment can be made.4A person to whom this regulation applies must notify the Board or a relevant authority of any change of circumstances which he might reasonably be expected to know might affect—athe continuance of entitlement to the benefit or allowance; orbthe payment of it,as soon as reasonably practicable after the change occurs.5A notification under paragraph (4)—amust be given by notice in writing or orally; andbmust be sent, delivered or given to the appropriate office.Fractional amounts of benefit or allowance24Where the amount of any child benefit or guardian’s allowance payable includes a fraction of a penny, that fraction—aif it is less than a half, shall be disregarded;bif it is a half or more, shall be treated as a whole penny.Payments to persons under the age of 18 years25Where a sum of child benefit or guardian’s allowance is paid to a person under the age of 18 years (whether on his own behalf or on behalf of another), either of the following is a sufficient discharge to the Board for the sum paid—aa direct credit transfer under regulation 16 into the person’s account;bthe receipt by the person of a payment made by some other means.Extinguishment of right to payment if payment is not obtained within the prescribed period261A person’s right to payment of any sum of child benefit or guardian’s allowance shall be extinguished if payment of that sum has not been obtained within 12 months of the issue by the Board of a cheque or other instrument of payment to that person.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6This regulation has effect in relation to a person authorised or appointed to act on behalf of a person entitled to child benefit or guardian’s allowance in the same manner as it has effect in relation to such a person.PART 4THIRD PARTIESPersons who may act on behalf of those unable to act271Anything required by these regulations to be done by or to any person who is for the time being unable to act may be done by or to—ain England and Wales, a receiver appointed by the Court of Protection with power to claim, or, as the case may be, receive, the benefit or allowance on behalf of the person;bin Scotland, a guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who is administering the estate of the person;cin Northern Ireland, a controller appointed by the High Court, with power to claim, or, as the case may be, receive, the benefit or allowance on behalf of the person; orda person appointed under regulation 28(2) to act on behalf of the person.2Where a sum of child benefit or guardian’s allowance is paid to a receiver or other person mentioned in paragraph (1)(a), (b), (c) or (d), either of the following is a sufficient discharge to the Board for the sum paid—aa direct credit transfer under regulation 16 into the person’s account;bthe receipt by the person of a payment made by some other means.Appointment of persons to act on behalf of those unable to act281This regulation applies where—aa person is for the time being unable to act;bthe person is, or is alleged to be, entitled to child benefit or guardian’s allowance (whether or not a claim for the benefit or allowance has been made by him or on his behalf); andcno receiver or other person mentioned in regulation 27(1)(a), (b) or (c) has been appointed in relation to the person.2The Board may appoint a person who—ahas applied in writing to them to act on behalf of the person who is unable to act, andbif a natural person, is over the age of 18 years,to exercise, on behalf of the person who is unable to act, any right relating to child benefit or guardian’s allowance to which that person may be entitled and to receive and deal on his behalf with any sums payable to him in respect of the benefit or allowance.3Where an appointment has been made under paragraph (2)—athe Board may at any time revoke it; andbthe person appointed may resign from the appointment after having given one month’s notice in writing to the Board of his intention to do so.4An appointment made under paragraph (2) shall terminate when the Board are notified that a receiver or other person mentioned in regulation 27(1)(a), (b) or (c) has been appointed.Persons who may proceed with a claim made by a person who has died291The Board may appoint such person as they think fit to proceed with a claim for child benefit or guardian’s allowance , and to deal with any issue related to the revision of, supersession of, or appeal in connection with a decision on, that claim which has been made by a person who has died.2Subject to regulation 32(2), the Board may pay or distribute any sum payable under an award on a claim proceeded with under paragraph (1) to or among—apersons over the age of 16 years claiming as personal representatives, legatees, next of kin or creditors of the person who has died; andbif the person who has died was illegitimate, any other persons over that age.3“Next of kin” means—ain England and Wales, and in Northern Ireland, the persons who would take beneficially on an intestacy;bin Scotland, the persons entitled to the moveable estate of the deceased on intestacy.4Where a sum is paid under paragraph (2) to a person, either of the following is a sufficient discharge to the Board for the sum paid—aa direct credit transfer under regulation 16 into the person’s account;bthe receipt by the person of a payment made by some other means.5If the Board consider that a sum or part of a sum which may be paid or distributed under paragraph (2) is needed for the benefit of a person under the age of 16 years, they may obtain a good discharge for that sum by paying it to a person over that age whom they are satisfied will apply the sum for the benefit of the person under that age.6Regulation 26 (extinguishment of right) applies to a payment or distribution made under paragraph (2).Persons who may receive payments which a person who has died had not obtained301This regulation applies where a person who has died had not obtained at the date of his death a sum of child benefit or guardian’s allowance which was payable to him.2Subject to regulation 32(2), the Board may, unless the right to payment had already been extinguished at the date of death, pay or distribute the sum to or amongst the persons mentioned in regulation 29(2)(a) and (b).3Regulation 26 (extinguishment of right) applies to a payment or distribution made under paragraph (2), except that, for the purposes of paragraph (1) of that regulation, the period of 12 months shall be calculated from the date on which the right to payment is treated as having arisen to the person to whom the payment or distribution is made (and not from the date on which that right is treated as having arisen in relation to the person who has died).Person who may make a claim on behalf of a person who has died311If the conditions specified in paragraph (2) are satisfied, a claim may be made in the name of a person who has died for any child benefit or guardian’s allowance to which he would have been entitled if he had claimed it in accordance with these Regulations.2Subject to paragraph (3), the following conditions are specified in this paragraph—awithin 6 months of the date of death an application must have been made in writing to the Board for a person, whom the Board think fit to be appointed to make the claim, to be so appointed;ba person must have been appointed by the Board to make the claim; andcthe person so appointed must have made the claim not more than 6 months after the appointment.3Subject to paragraphs (4) and (5), if the Board certify that to do so would be consistent with the proper administration of the Contributions and Benefits Act, the period of 6 months mentioned in paragraph (2)(a) or (c) shall be extended by such period (not exceeding 6 months) as may be specified in the certificate.4If a certificate given under paragraph (3) specifies a period by which the period of 6 months mentioned in paragraph (2)(a) shall be extended, the period of 6 months mentioned in paragraph (2)(c) shall be shortened by a period corresponding to the period so specified.5No certificate shall be given under paragraph (3) which would enable a claim to be made more than 12 months after the date of death.For the purposes of this paragraph, any period between the date on which the application for a person to be appointed to make the claim is made and the date on which that appointment is made shall be disregarded.6A claim made in accordance with this regulation shall be treated for the purposes of these Regulations as if it had been made on the date of his death by the person who has died.Regulations 29, 30 and 31: supplementary321The Board may dispense with strict proof of the title of a person claiming in accordance with regulation 29, 30 or 31.2Neither paragraph (2) of regulation 29 nor paragraph (2) of regulation 30 applies unless written application for payment of the sum under that paragraph is made to the Board within 12 months from the date of death or such longer period as the Board may allow.Payment to one person on behalf of another331Subject to paragraph (2), the Board may direct that child benefit or guardian’s allowance shall be paid, wholly or in part, to another natural person on behalf of the person entitled to it.2The Board may not make a direction under paragraph (1) unless they are satisfied that it is necessary for protecting the interests of—athe person entitled to the benefit or allowance; orbany child or qualifying young person in respect of whom the benefit or allowance is payable.Payment to partner as alternative payee341Subject to paragraph (2), where a person with a partner is entitled to child benefit or guardian’s allowance, the Board may make arrangements whereby that benefit or allowance, as well as being payable to the person entitled to it, may, in the alternative, be paid to that person’s partner on behalf of that person.2Paragraph (1) does not apply to guardian’s allowance where a woman has elected that the allowance is not to be paid to her husband or male civil partner in accordance with regulation 10 of the Guardian’s Allowance (General) Regulations 2003 (prescribed manner of making an election under section 77(9) of the Contributions and Benefits Act and section 77(9) of the Contributions and Benefits (NI) Act).PART 5OVERPAYMENTS AND RECOVERYRecovery of overpayments by direct credit transfer351If the adjudicating authority determines that—aa payment of child benefit or guardian’s allowance in excess of entitlement has been credited to a bank account or other account under an arrangement for direct credit transfer made in accordance with regulation 16; andbthe conditions specified in paragraph (2) are satisfied,the excess, or the specified part of it to which the certificate referred to in sub-paragraph (a) of that paragraph relates, shall be recoverable.2The following conditions are specified in this paragraph—athe Board must have certified that the payment in excess of entitlement, or a specified part of it, is materially due to the arrangement for payments to be made by direct credit transfer; andbsubject to paragraph (3), notice of the effect which this regulation would have, in the event of an overpayment, must have been given in writing to the person entitled to the benefit or allowance, or to a person acting in his behalf, before the Board made the arrangement for the payment of child benefit or guardian’s allowance into that account.3In the case of an arrangement relating to child benefit which was agreed to before 6th April 1987, the condition specified in paragraph (2)(b) need not be satisfied in any case where the application for the benefit to be paid by direct credit transfer contained a statement, or was accompanied by a written statement made by the applicant, which complied with the provisions specified in paragraph (4).4The provisions specified in this paragraph are—ain relation to child benefit under the Contributions and Benefits Act, regulation 7(2)(b) and (6) of the Child Benefit (Claims and Payments) Regulations 1984;bin relation to child benefit under the Contributions and Benefits (NI) Act, regulation 7(2)(b) and (6) of the Child Benefit (Claims and Payments) Regulations (Northern Ireland) 1985.Circumstances in which determination need not be reversed, varied, revised or superseded361This regulation applies where, whether fraudulently or otherwise, a person has misrepresented, or failed to disclose, material facts which do not provide a basis for the determination in pursuance of which an amount of child benefit or guardian’s allowance was paid—ain relation to benefit or allowance under the Contributions and Benefits Act, to be revised under section 9 or superseded under section 10 of the Social Security Act 1998;bin relation to benefit or allowance under the Contributions and Benefits (NI) Act, to be revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.2Where this regulation applies—ain relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits Act, neither subsection (5) nor (5A) of section 71 of the Administration Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies;bin relation to an amount mentioned in paragraph (1) relating to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, neither subsection (5) nor (5A) of section 69 of the Administration (NI) Act (recoverability dependent on reversal, variation, revision or supersession of determination) applies.Calculating recoverable amounts37Where there has been an overpayment of child benefit or guardian’s allowance, in calculating the amounts recoverable under section 71(1) of the Administration Act, section 69(1) of the Administration (NI) Act or regulation 35, the adjudicating authority must deduct any amount which is offset under regulation 38.Offsetting prior payments of child benefit and guardian’s allowance against arrears payable by virtue of a subsequent determination381Subject to regulation 40, in either of the cases specified in paragraphs (2) and (3)—aa sum of child benefit paid for a period covered by a subsequent determination shall be offset against any arrears of entitlement to the benefit payable for that period by virtue of the subsequent determination;ba sum of guardian’s allowance paid for a period covered by a subsequent determination shall be offset against any arrears of entitlement to the allowance payable for that period by virtue of the subsequent determination,and, except to the extent that it exceeds them, the sum so paid shall be treated as properly paid on account of the arrears.2The case specified in this paragraph is where a person has been paid a sum pursuant to a determination which subsequently—ais revised under section 9 or superseded under section 10 of the Social Security Act 1998;bis revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998; orcis overturned on appeal.3The case specified in this paragraph is where a person has been paid a sum for a period by way of an increase in respect of a dependent person and it is subsequently determined that—athe dependent person is entitled to the benefit or allowance for that period; orba third person is entitled to the increase for that period in priority to the person who has been paid.4Where child benefit which has been paid under an award in favour of a person (“the first claimant”) is subsequently awarded to another (“the second claimant”) for any week, the benefit shall nevertheless be treated as properly paid if it was received by someone (other than the first claimant) who—ahad the child or qualifying young person living with him or was contributing towards the cost of providing for the child or qualifying young person at a weekly rate which was not less than the weekly rate under the original award; andbcould have been entitled to child benefit in respect of that child or qualifying young person for that week had a claim been made in time.5Any amount which is treated under paragraph (4) as properly paid shall be deducted from the amount payable to the second claimant under the subsequent award.Offsetting prior payments of income support or jobseeker’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determination391This regulation applies where—aa person has been paid a sum by way of income support or jobseeker’s allowance; andbit is subsequently determined that—ichild benefit or guardian’s allowance should be awarded or is payable in lieu of the income support or jobseeker’s allowance; andiithe income support or jobseeker’s allowance was not payable.2Subject to regulation 40, any sum of income support or jobseeker’s allowance in respect of the period covered by the subsequent determination—ashall be offset against any arrears of entitlement to the child benefit or guardian’s allowance payable for that period by virtue of that determination; andbexcept to the extent that it exceeds them, the sum so paid shall be treated as properly paid on account of the arrears.Exception from offset of recoverable overpayment40No amount may be offset under regulation 38(1) or 39(2) which has been determined to be a recoverable overpayment for the purposes of section 71(1) of the Administration Act or section 69(1) of the Administration (NI) Act.Bringing interim payments into account411Subject to paragraph (2), if it is practicable to do so—aany interim payment made in anticipation of an award of child benefit or guardian’s allowance shall be offset by the adjudicating authority in reduction of the benefit or allowance to be awarded;bany interim payment (whether or not made in anticipation of an award) which is not offset under sub-paragraph (a) shall be deducted by the Board from—ithe sum payable under the award of benefit or allowance on account of which the interim payment was made; oriiany sum payable under any subsequent award of the benefit or allowance to the same person.2Paragraph (1) does not apply unless the Board have given the notice required by regulation 22(3).Recovery of overpaid interim payments421Subject to paragraph (2), if the adjudicating authority, in the circumstances specified in either of paragraphs (3) and (4), has determined that an interim payment has been overpaid, it shall determine the amount of the overpayment.2Paragraph (1) does not apply unless the Board have given the notice required by regulation 22(3).3The circumstances specified in this paragraph are where an interim payment has been made under regulation 22(1)(a) and (b) and—athe recipient has failed to make a claim in accordance with these Regulations as soon as practicable;bthe recipient has made a defective application and the Board have not treated the claim as duly made under regulation 10;cit has been determined that—ithere is no entitlement on the claim;iithe entitlement is less than the amount of the interim payment; oriiithe benefit or allowance on the claim is not payable; ordthe claim has been withdrawn.4The circumstances specified in this paragraph are where an interim payment has been made under regulation 22(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was made.5The amount of any overpayment determined under paragraph (1) shall be recoverable by the Board in the same manner as it would be if it were recoverable under—ain relation to child benefit or guardian’s allowance under the Contributions and Benefits Act, section 71(1) of the Administration Act;bin relation to child benefit or guardian’s allowance under the Contributions and Benefits (NI) Act, section 69(1) of the Administration (NI) Act.<Addition ChangeId="key-29c85b132e3d95d51cdf270e96d692a0-1709022740850" CommentaryRef="key-29c85b132e3d95d51cdf270e96d692a0">Recovery of overpayments from awards of child benefit and guardian’s allowance</Addition>42A1Where any amount of child benefit or guardian’s allowance is recoverable from a person under—asection 71(1) of the Administration Act,bsection 69(1) of the Administration (NI) Act, orcregulation 35(1) or 42(5),that amount may be recovered by the adjudicating authority from any child benefit or guardian’s allowance payable to that person.2For the purposes of paragraph (1), child benefit or guardian’s allowance payable includes any payment of arrears of child benefit or guardian’s allowance other than a payment of arrears required to be made by regulation 21(1) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003.PART 6REVOCATIONS AND TRANSITIONAL PROVISIONSRevocations43The subordinate legislation specified in column (1) of Parts 1 and 2 of Schedule 3, in so far as it relates to child benefit or guardian’s allowance, is revoked to the extent mentioned in column (3) of that Schedule.Transitional provisions441Anything done or commenced under any provision of the instruments revoked by regulation 43, so far as relating to child benefit or guardian’s allowance, is to be treated as having been done or as being continued under the corresponding provision of these Regulations.2The revocation by regulation 43 of an instrument which itself revoked an earlier instrument subject to savings does not prevent the continued operation of those savings, in so far as they are capable of continuing to have effect.3“Instrument” includes a Statutory Rule of Northern Ireland.Tim FlesherDave HartnettTwo of the Commissioners of Inland Revenue5th March 2003 SCHEDULE 1 POWERS EXERCISED IN MAKING THESE REGULATIONS Preamble 1The following provisions of the Administration Act—asection 5(1)(a), (b), (c), (d), (g), (h), (hh), (i), (j), (k), (l), (m), (p), (q) and (r) and (2)(a) and (g);bsection 7(1), (2) and (3)(a);csection 71(4), (5), (5A), (6), (7) and (11)(a) and (f);dsection 111A(1A), (1B), (1D) and (1E);esection 112(1A) to (1D);fsection 189(1), (4), (5) and (6);gsection 191. 2The following provisions of the Administration (NI) Act—asection 5(1)(a), (b), (c), (d), (g), (h), (hh), (i), (j), (k), (l), (m), (n), (q), (r), (s) and (t) and (2)(a) and (g);bsection 69(4), (5), (5A), (6), (7) and (11)(a) and (f);csection 105A(1A), (1B), (1D) and (1E);dsection 106(1A) to (1D);esection 165(1), (4), (5), (6) and (11A);fsection 167(1). 3Sections 9(1) and 84 of the Social Security Act 1998. 4Articles 2(2) and 10(1) of the Social Security (Northern Ireland) Order 1998. 5Sections 132 and 133(1) and (2) of the Finance Act 1999. 6Sections 50(1) and (2)(b) and (d) and 54(2) of the Tax Credits Act 2002. SCHEDULE 2ELECTRONIC COMMUNICATIONSRegulation 3PART 1GENERAL<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Introduction1This Schedule supersedes the Social Security (Electronic Communications) (Child Benefit) Order 2002 which was made under section 8 of the Electronic Communications Act 2000.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Interpretation21In this Schedule— “electronic communications” includes any communications conveyed by means of an electronic communications network. “official computer system” means a computer system maintained by or on behalf of the Board—to send or receive information; orto process or store information.2References in this Schedule to the delivery of information and to information shall be construed in accordance with section 132(8) of the Finance Act 1999.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Scope of this Schedule3This Schedule applies to the delivery of information to or by the Board, the delivery of which is authorised or required by these Regulations.PART 2GENERAL<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Use of electronic communications by the Board4The Board may only use electronic communications in connection with the matters referred to in paragraph 3 if—athe recipient has indicated that he consents to the Board using electronic communications in connection with those matters; andbthe Board have not been informed that that consent has been withdrawn.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Restrictions on the use of electronic communications by persons other than the Board51A person other than the Board may only use electronic communications in connection with the matters referred to in paragraph 3 if the conditions specified in sub-paragraphs (2) to (5) are satisfied.2The first condition is that the person is for the time being permitted to use electronic communications for the purpose in question by an authorisation given by means of a specific or general direction of the Board.3The second condition is that the person uses—aan approved method for authenticating the identity of the sender of the communication;ban approved method of electronic communications; andcan approved method for authenticating any information delivered by means of electronic communications.4The third condition is that any information sent by means of electronic communications is in an approved form (including the manner in which the information is presented).5The fourth condition is that the person maintains such records in written or electronic form as may be specified in a specific or general direction given by the Board.6“Approved” means approved for the purposes of this Schedule, and for the time being, by means of a specific or general direction given by the Board.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Use of intermediaries6The Board may use intermediaries in connection with—athe delivery of information by means of electronic communications in connection with the matters referred to in paragraph 3; andbthe authentication or security of anything transmitted by any such means,and may require other persons to use intermediaries in connection with those matters.PART 3EVIDENTIAL PROVISIONS<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Effect of delivering information by means of electronic communications71Information which is delivered by means of electronic communications shall be treated as having been delivered in the manner or form required by any provision of these Regulations if, but only if, all the conditions imposed by—athis Schedule,bany other applicable enactment (except to the extent that the condition thereby imposed is incompatible with this Schedule); andcany specific or general direction given by the Board,are satisfied.2Information delivered by means of electronic communications shall be treated as having been delivered on the day on which the last of the conditions imposed as mentioned in sub-paragraph (1) is satisfied.This is subject to the following qualifications.3The Board may by a general or specific direction provide for information to be treated as delivered upon a different date (whether earlier or later) than that given by sub-paragraph (2).4Information shall not be taken to have been delivered to an official computer system by means of electronic communications unless it is accepted by the system to which it is delivered.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Proof of content81A document certified by an officer of the Board to be a printed-out version of any information delivered by means of electronic communications under this Schedule on any occasion shall be evidence, unless the contrary is proved, that that information—awas delivered by means of electronic communications on that occasion; andbconstitutes the entirety of what was delivered on that occasion.2A document purporting to be a certificate given in accordance with sub-paragraph (1) shall be presumed to be such a certificate unless the contrary is proved.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Proof of identity of sender or recipient9The identity of—athe sender of any information delivered to an official computer system by means of electronic communications under this Schedule, orbthe recipient of any information delivered by means of electronic communications from an official computer system,shall be presumed, unless the contrary is proved, to be the person recorded as such on an official computer system.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Information delivered electronically on another’s behalf10Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Proof of delivery of information111The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, to have resulted in the delivery of information—ain the case of information falling to be delivered to the Board, if the delivery of the information has been recorded on an official computer system;bin the case of information falling to be delivered by the Board, if the despatch of the information has been recorded on an official computer system.2The use of an authorised method of electronic communications shall be presumed, unless the contrary is proved, not to have resulted in the delivery of information—ain the case of information falling to be delivered to the Board, if the delivery of the information has not been recorded on an official computer system;bin the case of information falling to be delivered by the Board, if the despatch of the information has not been recorded on an official computer system.3The time of receipt of any information sent by an authorised means of electronic communications shall be presumed, unless the contrary is proved, to be that recorded on an official computer system.<CommentaryRef Ref="key-933e0ac9ab6d269d0d72c0703c4fc778"/>Use of unauthorised means of electronic communications121Sub-paragraph (2) applies to information which is required to be delivered to the Board in connection with the matters mentioned in paragraph 3.2The use of a means of electronic communications, for the purpose of delivering any information to which this paragraph applies, shall be conclusively presumed not to have resulted in the delivery of that information, unless—athat means of electronic communications is for the time being approved for delivery of information of that kind; andbthe sender is approved for the use of that means of electronic communications in relation to information of that kind. SCHEDULE 3 Revocations Regulation 43 PART 1REVOCATIONS APPLICABLE TO GREAT BRITAIN
Column (1)Column (2)Column (3)
Subordinate legislation revokedReferencesExtent of revocation
The Social Security (Claims and Payments) Regulations 1987S.I. 1987/1968The whole of the Regulations.
The Social Security (Claims and Payments) Amendment Regulations 1988S.I. 1988/522The whole of the Regulations.
The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988S.I. 1988/664The whole of the Regulations.
The Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 1988S.I. 1988/688The whole of the Regulations.
The Social Security (Common Provisions) Miscellaneous Amendment Regulations 1988S.I. 1988/1725In regulation 1(2), the definitions of “the Claims and Payments Regulations” and “the Payments on account, Overpayment and Recovery Regulations”.Regulations 3 and 4.
The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 1989S.I. 1989/136The whole of the Regulations.
The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989S.I. 1989/1642Regulation 2.
The Social Security (Medical Evidence, Claims and Payments) Amendment Regulations 1989S.I. 1989/1686In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulations 3 to 9.
The Social Security (Claims and Payments) Amendment Regulations 1990S.I. 1990/725The whole of the Regulations.
The Social Security (Attendance Allowance and Claims and Payments) Amendment Regulations 1990S.I. 1990/1871Regulation 3.
The Social Security (Miscellaneous Provisions) Amendment Regulations 1990S.I. 1990/2208In regulation 1(2), the definition of “Claims and Payments Regulations”.Regulations 7 to 16.
The Enterprise (Scotland) Consequential Amendments Order 1991S.I. 1991/387Article 14.
The Social Security (Miscellaneous Provisions) Amendment Regulations 1991S.I. 1991/2284In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulations 5 to 20.
The Social Security (Claims and Payments) Amendment Regulations 1991S.I. 1991/2741The whole of the Regulations.
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991S.I. 1991/2742In regulation 1(3), the definition of “the Payments on account, Overpayments and Recovery Regulations”.Regulation 15.
The Social Security (Miscellaneous Provisions) Amendment Regulations 1992S.I. 1992/247Regulation 1(2).Regulations 9 to 17.
The Social Security (Claims and Payments) Amendment Regulations 1992S.I. 1992/1026In regulation 2, the definition of “the Claims and Payments Regulations”.Regulations 3 to 6.The Schedule.
The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992S.I. 1992/2595In regulation 1(2), the definition of “Claims and Payments Regulations”.The whole of Part 2.
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992S.I. 1992/3147In Schedule 1, paragraph 8.
The Social Security (Claims and Payments) Amendment Regulations 1993S.I. 1993/478The whole of the Regulations.
The Deductions from Income Support (Miscellaneous Amendment) Regulations 1993S.I. 1993/495In regulation 1(2), “the Claims and Payments Regulations”.Regulation 2.
The Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 1993S.I. 1993/650The whole of the Regulations.
The Social Security (Miscellaneous Provisions) Amendment Regulations 1993S.I. 1993/846Regulation 4.
The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1993S.I. 1993/1113The whole of the Regulations.
The Social Security (Claims and Payments) Amendment (No. 3) Regulations 1993S.I. 1993/2113Regulation 3.
The Social Security (Claims and Payments) Amendment Regulations 1994S.I. 1994/2319The whole of the Regulations.
The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994S.I. 1994/2943The whole of the Regulations.
The Social Security (Claims and Payments) Amendment (No. 3) Regulations 1994S.I. 1994/2944The whole of the Regulations.
The Social Security (Claims and Payments) Amendment (No. 4) Regulations 1994S.I. 1994/3196The whole of the Regulations.
The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995S.I. 1995/829In regulation 1(2), the definition of “the Payments on account, Overpayments and Recovery Regulations”.Regulation 21.
The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995S.I. 1995/1613Regulation 3.Schedule 2.
The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995S.I. 1995/2303In regulation 1(7), the definition of “the Claims and Payments Regulations”.Regulation 10.
The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995S.I. 1995/2927Regulation 1(2)(b).Regulation 3.
The Social Security (Claims and Payments) Amendment Regulations 1995S.I. 1995/3055The whole of the Regulations.
The Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996S.I. 1996/30In regulation 1(2), the definition of “the Payments on account, Overpayments and Recovery Regulations”.Regulation 10.
The Social Security (Industrial Injuries and Diseases) (Miscellaneous Amendments) Regulations 1996S.I. 1996/425Regulation 3.
The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) Amendment Regulations 1996S.I. 1996/481In regulation 1(2), the definition of “Claims and Payments Regulations”.Regulations 5 and 6.
The Social Security (Claims and Payments Etc.) Amendment Regulations 1996S.I. 1996/672Regulation 2.Regulation 4.
The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996S.I. 1996/1345Regulation 23.
The Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996S.I. 1996/1436Regulation 3.
The Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996S.I. 1996/1460The whole of the Regulations.
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996S.I. 1996/1803In regulation 1(4), the definition of “the Claims and Payments Regulations”.Regulations 18 to 21.
The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1996S.I. 1996/2306In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulations 2 to 7.
The Social Security (Jobseeker’s Allowance Consequential Amendments) (Deductions) Regulations 1996S.I. 1996/2344Regulation 25.
The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1996S.I. 1996/2431Regulation 7.
The Social Security (Jobseeker’s Allowance and Payments on Account) (Miscellaneous Amendments) Regulations 1996S.I. 1996/2519Regulation 3.
The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1996S.I. 1996/2988The whole of the Regulations.
The Social Security (Child Maintenance Bonus) Regulations 1996S.I. 1996/3195Regulation 16(2) and (3).
The Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations 1997S.I. 1997/792Regulation 8.
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1997S.I. 1997/793Regulation 1(2)(b).Regulations 2 to 7.
The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997S.I. 1997/827Regulation 7.
The Social Security (Claims and Payments and Adjudication) Amendment No. 2 Regulations 1997S.I. 1997/2290In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulations 5 and 6.
The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997S.I. 1997/2305Regulation 5.
The Social Security (Claims and Payments) (Amendment) Regulations 1997S.I. 1997/3034The whole of the Regulations.
The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998S.I. 1998/1174Regulation 8(3).
The Social Security (Claims and Payments) Amendment Regulations 1998S.I. 1998/1381The whole of the Regulations.
The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1998S.I. 1998/3039The whole of the Regulations.
The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999S.I. 1999/1510 (C.43)Article 4.
The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999S.I. 1999/1958 (C.51)Article 4(9) and (10).Schedules 9 and 10.
The Social Security (Claims and Payments) Amendment Regulations 1999S.I. 1999/2358The whole of the Regulations.
The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999S.I. 1999/2422 (C.61)Article 3(8) and (9).Schedules 7 and 8.
The Social Security (Miscellaneous Amendments) (No. 2) Regulations 1999S.I. 1999/2556Regulation 7.
The Social Security and Child Support (Tax Credits) Consequential Amendments Regulations 1999S.I. 1999/2566Regulation 4.
The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999S.I. 1999/2860 (C.75)Article 3(3) and (4).Schedules 3 and 4.
The Social Security (Claims and Information) Regulations 1999S.I. 1999/3108Regulation 5.In Schedule 3, paragraph 2.
The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999S.I. 1999/3178 (C.81)Article 3(6) and (9).Schedule 6.Schedule 9.
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000S.I. 2000/636In regulation 1(3), the definition of “the Claims and Payments Regulations”.Regulation 5.
The Social Security (Claims and Payments) Amendment Regulations 2000S.I. 2000/1366The whole of the Regulations.
The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000S.I. 2000/1483Regulations 9 and 10.
The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000S.I. 2000/1596In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulation 3.
The Social Security (Work-focussed Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000S.I. 2000/1926In regulation 10, the words “The Social Security (Claims and Payments) Regulations 1987,”.In Schedule 2, paragraph 1.
The Social Security (Joint Claims: Consequential Amendments) Regulations 2000S.I. 2000/1982Regulation 2.
The Social Security (Payments on account, Overpayments and Recovery) Amendment Regulations 2000S.I. 2000/2336The whole of the Regulations.
The Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000S.I. 2000/3120Regulation 3.Regulation 5.
The Social Security (Claims and Payments) Amendment Regulations 2001S.I. 2001/18The whole of the Regulations.
The Social Security (Miscellaneous Amendments) Regulations 2001S.I. 2001/488Regulation 11.
The Social Security Amendment (Joint Claims) Regulations 2001S.I. 2001/518Regulation 5.
The Social Security (Jobcentre Plus Interviews) Regulations 2001S.I. 2001/3210In regulation 15, the words “The Social Security (Claims and Payments) Regulations 1987,”.In Schedule 2, paragraph 1.
The Social Security (Notification of Change of Circumstances) Regulations 2001S.I. 2001/3252Regulation 5.
The Social Security (Claims and Payments) Amendment Regulations 2002S.I. 2002/355The whole of the Regulations.
The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002S.I. 2002/398Regulation 2.
The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2002S.I. 2002/428Regulations 1(2), 2 and 3.
The Social Security (Jobcentre Plus Interviews) Regulations 2002S.I. 2002/1703In Schedule 2, paragraph 1.
The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002S.I. 2002/1950The whole of the Regulations.
The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002S.I. 2002/2441The whole of the Regulations.
The Social Security (Claims and Payments and Miscellaneous Amendments) (No. 3) Regulations 2002S.I. 2002/2660Regulation 2.
 PART 2REVOCATIONS APPLICABLE TO NORTHERN IRELAND
Column (1)Column (2)Column (3)
Subordinate legislation revokedReferencesExtent of revocation
The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987S.R. 1987 No. 465The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1988S.R. 1988 No. 67The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland)1988S.R. 1988 No. 141The whole of the Regulations.
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988S.R. 1988 No. 142The whole of the Regulations.
The Social Security (Common Provisions) (Miscellaneous Amendments) Regulations (Northern Ireland) 1988S.R. 1988 No. 369Regulations 3 and 4.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1989S.R. 1989 No. 40The whole of the Regulations.
The Social Security (Abolition of Earnings Rule) (Consequential) Regulations (Northern Ireland) 1989S.R. 1989 No. 373Regulation 12.
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 1989S.R. 1989 No. 398The whole of the Regulations.
The Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1990S.R. 1990 No. 137Regulation 2.
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1990S.R. 1990 No. 398Regulation 7.
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991S.R. 1991 No. 488Regulation 6.
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations (Northern Ireland) 1992S.R. 1992 No. 6Regulation 14.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1992S.R. 1992 No. 7The whole of the Regulations.
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1992S.R. 1992 No. 83Regulation 7.
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 1992S.R. 1992 No. 271The whole of the Regulations.
The Social Security (Miscellaneous Provisions) (Amendment No. 3) Regulations (Northern Ireland) 1992S.R. 1992 No. 453Regulation 6.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1993S.R. 1993 No. 146The whole of the Regulations.
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1992S.R. 1993 No. 149In regulation 1(2), the definition of “the Claims and Payments Regulations”.In Schedule 1, paragraph 2.In Schedule 2, paragraph 3.
The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 1993S.R. 1993 No. 175The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 1993S.R. 1993 No. 217The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment No. 3) Regulations (Northern Ireland) 1993S.R. 1993 No. 375Regulation 3.
The Health and Social Services Trusts (Consequential Amendments) Regulations (Northern Ireland) 1994S.R. 1994 No. 65Schedule 15.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1994S.R. 1994 No. 345The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 1994S.R. 1994 No. 456The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment No. 4) Regulations (Northern Ireland) 1994S.R. 1994 No. 484The whole of the Regulations.
The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations (Northern Ireland) 1995S.R. 1995 No. 150Regulation 21.
The Social Security (Income Support and Claims and Payments) (Amendment) Regulations (Northern Ireland) 1995S.R. 1995 No. 301In regulation 1(3), the definition of “the Claims and Payments Regulations”.Regulation 3.Schedule 2.
The Income-Related Benefits and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995S.R. 1995 No. 367Regulation 5.
The Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 11Regulation 7.
The Child Support (Maintenance Assessments and Special Cases) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1996S.R. 1996 No. 65Regulation 4.
The Social Security (Claims and Payments Etc.) (Amendment) Regulations (Northern Ireland) 1996S.R. 1996 No. 85Regulation 2.
The Social Security (Disability Living Allowance and Claims and Payments) (Amendment) Regulations (Northern Ireland) 1996S.R. 1996 No. 225Regulation 2.
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 288Regulation 6.
The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 289Regulation 15.
The Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 354The whole of the Regulations.
The Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1996S.R. 1996 No. 432Regulation 2.
The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No. 449Regulation 3.
The Social Security (Jobseeker’s Allowance and Payments on Account) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996S.R. 1996 No.464Regulation 3.
The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996S.R. 1996 No. 622Regulation 16(2) and (3).
The Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997S.R. 1997 No. 155Regulation 3.
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1997S.R. 1997 No. 156Regulation 3.
The Social Security (Income Support, Jobseeker’s Allowance and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997S.R. 1997 No. 165Regulation 4.
The Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1997S.R. 1997 No. 416Regulation 2.
The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 1997S.R. 1997 No. 435Regulation 3.
The Social Security Act 1998 (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999S.R. 1999 No. 246 (C.29)Article 5.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1999S.R. 1999 No. 365The whole of the Regulations.
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1999S.R. 1999 No. 381Regulation 5.
The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999S.R. 1999 No. 385Regulation 4.
The Social Security Act 1998 (Commencement No. 10, and Savings and Consequential and Transitional Provisions) Order (Northern Ireland) 1999S.R. 1999 No. 428 (C.32)Article 5.
The Social Security Act 1998 (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999S.R. 1999 No. 472 (C.36)Article 9.Article 11.
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000S.R. 2000 No. 71In regulation 1(3), the definition of “the Claims and Payments Regulations”.Regulation 7.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2000S.R. 2000 No. 181The whole of the Regulations.
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000S.R. 2000 No. 215Regulation 3.
The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2000S.R. 2000 No. 266The whole of the Regulations.
The Social Security (Joint Claims: Consequential Amendments) Regulations (Northern Ireland) 2000S.R. 2000 No. 365Regulation 2.
The Social Security (Incapacity Benefit) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000S.R. 2000 No. 404Regulations 4 and 5.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2001S.R. 2001 No. 22The whole of the Regulations.
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001S.R. 2001 No. 78Regulation 11.
The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001S.R. 2001 No. 108Regulations 10 and 11.
The Social Security Amendment (Joint Claims Amendments) Regulations (Northern Ireland) 2001S.R. 2001 No. 120Regulation 5.
The Social Security (Claims and Information) Regulations (Northern Ireland) 2001S.R. 2001 No. 175Regulation 3.In Schedule 2, paragraph 2.
The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001S.R. 2001 No. 176In regulation 1(2), the definition of “the Claims and Payments Regulations”.Regulation 15(2).Schedule 3.
The Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 2001S.R. 2001 No. 420Regulation 5.
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2002S.R. 2002 No. 59The whole of the Regulations.
The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2002S.R. 2002 No. 67Regulation 2.
The Social Security Amendment (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002S.R. 2002 No. 132Regulation 3.
The Social Security Amendment (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002S.R. 2002 No. 254The whole of the Regulations.
The Social Security (Claims and Payments) (Amendment) (No. 3) Regulations (Northern Ireland)2002S.R. 2002 No. 297The whole of the Regulations.
The Social Security (Claims and Payments and Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002S.R. 2002 No. 327Regulation 2.
 (This note is not part of the Regulations)

These Regulations make provision in relation to the administration of child benefit and guardian’s allowance which is to be transferred from the Department for Work and Pensions (in Northern Ireland, the Department for Social Development) to the Commissioners of Inland Revenue by Part 2 of the Tax Credits Act 2002 (c. 21) with effect from 1st April 2003.

The Regulations are modelled closely on the provisions, so far as relating to child benefit and guardian’s allowance, that are contained in— a for Great Britain— i the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968); ii the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (S.I. 1988/644); iii and regulation 5 of the Social Security (Notification of Changes of Circumstances) Regulations 2001 (S.I. 2001/3252); and b for Northern Ireland— i the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465); ii the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 (S.R. 1988 No. 142); and iii regulation 5 of the Social Security (Notification of Changes of Circumstances) Regulations 2001 (S.I. 2001/32520.

The opportunity is being taken to combine the regulations in a single set relating to child benefit and guardian’s allowance that extends to both Great Britain and Northern Ireland.

Part 1 (regulations 1 to 4) provides for citation, commencement and effect, interpretation and, together with Schedule 2, the use of electronic communications. It also provides to whom, and the manner in which, notifications of changes of circumstances must be notified for the purposes of certain offences relating to failures to give such notifications.

Part 2 (regulations 5 to 15) makes provision in relation to claims and awards. It provides, in particular, for the method of making a claim and the time limits for doing so, the extent to which claims are interchangeable, advance claims and awards and the duration of claims and awards.

Part 3 (regulations 16 to 26) makes provision in relation to payments. It provides, in particular, for the time when, and the method by which, payment is to be made and for the extinguishment of the right to payment.

Part 4 (regulations 27 to 34) provides for the circumstances in which third parties may make claims or receive payments on behalf of another person.

Part 5 (regulations 35 to 42) makes provision in relation to overpayments and recovery.

Part 6 (regulations 43 and 44), together with Schedule 3, contains revocations and transitional provisions.

2002 c. 21.S.I. 1998/1506 (N.I. 10).Article 15 was amended by Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671).1992 c. 5.1992 c. 8.1992 c. 4.1992 c. 7.Section 111A was inserted by section 13 of the Social Security Administration Fraud Act 1997 (c. 47) and subsections (1A) to (1G) of that section, and subsections (1A) to (1F) of section 112, were substituted by section 16 of the Social Security Fraud Act 2001 (c. 11).Section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11) and subsections (1A) to (1G) of that section, and subsections (1A) to (1F) of section 106, were substituted by section 15 of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17).Section 9 is contained in Chapter 2 of Part 1 of the Social Security Act 1998 (social security decisions and appeals: Great Britain) and the functions of the Secretary of State under that Chapter, so far as relating to child benefit and guardian’s allowance, are transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(e) of the Tax Credits Act 2002.Article 10 is contained in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (social security decisions and appeals: Northern Ireland) and the functions of the Department for Social Development in Northern Ireland under that Chapter, so far as relating to child benefit and guardian’s allowance, are transferred to the Commissioners of Inland Revenue by section 50(1) and (2)(f) of the Tax Credits Act 2002.1995 c. 18.S.I. 1995/2705 (N.I. 15).S.I. 2001/1004.Section 10 was amended by paragraph 23 of Schedule 7, and Part 1 of Schedule 10, to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.Article 11 was amended by paragraph 17(a) of Schedule 6, and Schedule 9, to S.I. 1999/671.S.I. 2003/495.S.I. 1984/1960. Regulation 7 was revoked, together with other parts of the instrument, by the Schedule to S.I. 1987/491 and Schedule 10 to S.I. 1987/1968.S.R. 1985 No. 124. Regulation 7 was revoked, together with other parts of the instrument, by the Schedule to S.R. 1987 No. 122 and Schedule 9 to S.R. 1987 No. 465.Subsection (5) of section 71 was amended, and subsection (5A) of that section inserted, by section 1(3) and (4) of the Social Security (Overpayments) Act 1996 (c. 51) and both those subsections were amended by paragraph 81(2) and (3) of the Social Security Act 1998.Subsection (5) of section 69 was amended, and subsection (5A) of that section inserted, by section 2(3) and (4) of the Social Security (Overpayments) Act 1996 and both those subsections were amended by paragraph 62(2) and (3) of Schedule 6 to S.I. 1998/1506 (N.I. 10).Paragraph (hh) was inserted in section 5(1) by section 74 of the Social Security Act 1998.Subsections (1), (4), (5) and (6) of section 189 were amended by paragraph 109(a), (c), (d) and (e) of Schedule 7, and Schedule 8, to the Social Security Act 1998. Subsection (1) of that section was further amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002.Section 191 is cited because of the definition of “prescribe”.Paragraph (hh) was inserted in subsection (1) of section 5 by Article 70 of S.I. 1998/1506 (N.I. 10) and paragraph (t) was added in that subsection by Article 3(1) of S.I. 1993/1579 (N.I. 8).Subsection (1) of section 165 was amended by paragraph 49(2) of Schedule 3 to S.I. 1999/671. Subsection (6) of that section was amended by Schedule 7 to S.I. 1998/1506 (N.I. 10). Subsection (11A) of that section was inserted by paragraph 49(4) of Schedule 3 to SI. 1999/671.Section 167(1) is cited because of the definition of “prescribe”.Section 84 is cited because of the definition of “prescribe”.Article 2(2) is cited because of the definition of “prescribe”.1999 c. 16.S.I. 2002/1789.2000 c. 7. See generally section 54(10) of the Tax Credits Act 2002.Word in reg. 9(2) substituted (21.3.2019) by The Tax Credits, Child Benefit and Childcare Payments (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/364), regs. 1, 10(2)(b)Sch. 3 Pt. 1 in force at 7.4.2003, see reg. 1Words in reg. 2 substituted (5.12.2005) by The Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005 (S.I. 2005/2919), arts. 1, 12(2)(b)Reg. 40 in force at 7.4.2003, see reg. 1Reg. 9(1) substituted (21.3.2019) by The Tax Credits, Child Benefit and Childcare Payments (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/364), regs. 1, 10(2)(a)Reg. 13 in force at 7.4.2003, see reg. 1Reg. 22(1)(1A) substituted for reg. 22(1) (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(2)Reg. 11 in force at 7.4.2003, see reg. 1Reg. 9 in force at 7.4.2003, see reg. 1Words in reg. 34(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(3)(b)(ii)Reg. 44 in force at 7.4.2003, see reg. 1Words in reg. 2 omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(2)(a)Sch. 2 para. 5 in force at 7.4.2003, see reg. 1Words in reg. 25(a) substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(b)Words in reg. 33(2)(b) substituted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(6)Reg. 31 in force at 7.4.2003, see reg. 1Reg. 17 substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(a)Words in reg. 35(1)(a) substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(b)Words in reg. 2 omitted (3.11.2008) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 211(a)Reg. 17 in force at 7.4.2003, see reg. 1Reg. 2 in force at 7.4.2003, see reg. 1Reg. 42A inserted (8.5.2012) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2012 (S.I. 2012/1074), regs. 1, 3Reg. 5(1) substituted (1.1.2010) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(3)Words in reg. 2 substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(2)(c)Words in reg. 38(4)(a) substituted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(7)(a)Reg. 1 in force at 7.4.2003, see reg. 1Words in reg. 34(1) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(3)(a)Reg. 43 in force at 7.4.2003, see reg. 1Reg. 16(4) omitted (21.7.2016) by virtue of The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2016 (S.I. 2016/681), regs. 1, 2(3)Reg. 26(1) substituted (1.1.2010) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(5)(a)Reg. 16 in force at 7.4.2003, see reg. 1Reg. 23 in force at 7.4.2003, see reg. 1Reg. 12 in force at 7.4.2003, see reg. 1Sch. 2 para. 9 in force at 7.4.2003, see reg. 1Sch. 2 para. 11 in force at 7.4.2003, see reg. 1Words in reg. 2 substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(2)(b)Words in reg. 19(2) inserted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(5)Reg. 19(1)(b)(iii)(iv) and semi-colon added (1.1.2010) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(4)(b)Sch. 2 para. 4 in force at 7.4.2003, see reg. 1Words in reg. 19(1)(b)(v) inserted (N.I.) (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 57Reg. 6 renumbered as reg. 6(1) (3.9.2003) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment No. 3) Regulations 2003 (S.I. 2003/2107), regs. 1, 3(1)Words in reg. 2 inserted (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 211(c)Word in reg. 19(1)(b) omitted (1.1.2010) by virtue of The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(4)(a)Words in reg. 27(1)(b) substituted (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 10Sch. 1 para. 5 in force at 7.4.2003, see reg. 1Reg. 25 in force at 7.4.2003, see reg. 1Sch. 2 para. 1 in force at 7.4.2003, see reg. 1Sch. 2 para. 3 in force at 7.4.2003, see reg. 1Sch. 1 para. 6 in force at 7.4.2003, see reg. 1Words in reg. 2 omited (3.11.2008) by The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 211(b)Reg. 20 in force at 7.4.2003, see reg. 1Reg. 21 in force at 7.4.2003, see reg. 1Reg. 3 in force at 7.4.2003, see reg. 1Reg. 22 in force at 7.4.2003, see reg. 1Words in reg. 29(1) added (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 11(2)Words in reg. 38(4)(b) substituted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(7)(b)Reg. 16 substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(a)Words in reg. 2 inserted (5.12.2005) by The Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005 (S.I. 2005/2919), arts. 1, 12(2)(a)Reg. 5 in force at 7.4.2003, see reg. 1Reg. 33 in force at 7.4.2003, see reg. 1Words in reg. 27(2)(a) substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(b)Reg. 39 in force at 7.4.2003, see reg. 1Words in reg. 11(1)(2) inserted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(4)(a)Reg. 26(2)-(5) omitted (1.1.2010) by virtue of The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(5)(b)Words in reg. 2 substituted (1.1.2010) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/3268), regs. 1, 3(2)Reg. 7(1) substituted (15.3.2023) by The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/179), regs. 1, 4(2)(a)Words in reg. 16(2) omitted (21.7.2016) by virtue of The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2016 (S.I. 2016/681), regs. 1, 2(2)(a)Reg. 19(1)(b)(v) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 81Reg. 22(4) added (18.3.2005) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(4)Sch. 2 para. 10 in force at 7.4.2003, see reg. 1Reg. 29 in force at 7.4.2003, see reg. 1Reg. 34 in force at 7.4.2003, see reg. 1Reg. 35 in force at 7.4.2003, see reg. 1Reg. 32 in force at 7.4.2003, see reg. 1Reg. 30 in force at 7.4.2003, see reg. 1Sch. 2 para. 7 in force at 7.4.2003, see reg. 1Sch. 2 applied (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916), regs. 1(1), 4(1)Sch. 2 para. 2 in force at 7.4.2003, see reg. 1Reg. 24 in force at 7.4.2003, see reg. 1Sch. 3 Pt. 2 in force at 7.4.2003, see reg. 1Words in reg. 7(2) omitted (15.3.2023) by virtue of The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/179), regs. 1, 4(2)(b)Reg. 15 in force at 7.4.2003, see reg. 1Reg. 10 in force at 7.4.2003, see reg. 1Reg. 27 in force at 7.4.2003, see reg. 1Reg. 19 in force at 7.4.2003, see reg. 1Words in reg. 22(2) omitted (18.3.2005) by virtue of The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/343), regs. 1, 8(3)Words in reg. 29(4)(a) substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(b)Reg. 38 in force at 7.4.2003, see reg. 1Words in Sch. 2 para. 2 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 23(1)(e)(2)Sch. 1 para. 2 in force at 7.4.2003, see reg. 1Reg. 36 in force at 7.4.2003, see reg. 1Words in reg. 2 substituted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(2)(b)Reg. 7(3) omitted (15.3.2023) by virtue of The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/179), regs. 1, 4(2)(c)Reg. 4 in force at 7.4.2003, see reg. 1Sch. 2 para. 6 in force at 7.4.2003, see reg. 1Reg. 37 in force at 7.4.2003, see reg. 1Reg. 14 in force at 7.4.2003, see reg. 1Word in reg. 34(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(3)(b)(i)Word in reg. 19(1)(b)(iii) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 81Reg. 42 in force at 7.4.2003, see reg. 1Reg. 6 in force at 7.4.2003, see reg. 1Sch. 1 para. 3 in force at 7.4.2003, see reg. 1Words in reg. 16(2) substituted (21.7.2016) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2016 (S.I. 2016/681), regs. 1, 2(2)(b)Sch. 2 para. 8 in force at 7.4.2003, see reg. 1Words in reg. 11(1)(2) inserted (10.4.2006) by The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/203), regs. 1, 2(4)(b)Reg. 26 in force at 7.4.2003, see reg. 1Reg. 6(2) added (3.9.2003) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment No. 3) Regulations 2003 (S.I. 2003/2107), regs. 1, 3(2)Words in reg. 35(2)(b) substituted (1.11.2010) by The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 (S.I. 2010/2459), regs. 1, 2(c)Words in reg. 2 omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 64(2)(d)Reg. 41 in force at 7.4.2003, see reg. 1Sch. 1 para. 4 in force at 7.4.2003, see reg. 1Reg. 7 in force at 7.4.2003, see reg. 1Sch. 1 para. 1 in force at 7.4.2003, see reg. 1Reg. 8 in force at 7.4.2003, see reg. 1Sch. 2 para. 12 in force at 7.4.2003, see reg. 1Reg. 28 in force at 7.4.2003, see reg. 1Reg. 23(3A) inserted (9.6.2022) by The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/555), regs. 1, 3(2)Reg. 18 in force at 7.4.2003, see reg. 1Reg. 6(2)(d) omitted (7.4.2025) by virtue of The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/207), regs. 1, 2(1) (with reg. 2(2))Reg. 6(2)(e) omitted (7.4.2025) by virtue of The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/207), regs. 1, 2(1) (with reg. 2(2))Reg. 6(3) omitted (7.4.2025) by virtue of The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/207), regs. 1, 2(1) (with reg. 2(2))Reg. 6(4) omitted (7.4.2025) by virtue of The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/207), regs. 1, 2(1) (with reg. 2(2))