2023 No. 533

Social Security

The Child Benefit (General) (Amendment) Regulations 2023

Made

Laid before Parliament

Coming into force

The Treasury make the following Regulations in exercise of the powers conferred by sections 146(3) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921 and sections 142(3) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, now exercisable by them3.

Citation and commencement1

These Regulations may be cited as the Child Benefit (General) (Amendment) Regulations 2023 and come into force on 15th May 2023.

Amendment of the Child Benefit (General) Regulations 20062

1

The Child Benefit (General) Regulations 20064 are amended as follows.

2

In regulation 23(6) (circumstances in which person treated as not being in Great Britain), in sub-paragraph (s), for “January 2022.” substitute—

January 2022;

t

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, providing that person was residing in Sudan immediately before 15th April 2023.

3

In regulation 27(5) (circumstances in which person treated as not being in Northern Ireland), in sub-paragraph (s), for “January 2022.” substitute—

January 2022;

t

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, providing that person was residing in Sudan immediately before 15th April 2023.

Stuart AndersonAndrew StephensonTwo of the Lords Commissioners of His Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend child benefit legislation by inserting an exception to the 3-month residence requirement for the purposes of entitlement to child benefit.

Regulation 1 provides for citation and commencement.

Regulation 2 amends regulations 23 and 27 of the Child Benefit (General) Regulations 2006 (S.I. 2006/223) (“the principal Regulations”). Regulation 23 of the principal Regulations sets out the circumstances in which a person is treated as not being in Great Britain for the purposes of entitlement to child benefit. In particular, paragraph (5) sets out a 3-month residence requirement, with paragraph (6) providing for exceptions to this requirement. Regulation 2(2) of these Regulations amends paragraph (6) of regulation 23 of the principal Regulations to include an exception to that requirement for any person who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, providing that person was residing in Sudan immediately before 15th April 2023. Regulation 27 of the principal Regulations makes identical provision in respect of Northern Ireland. Paragraph (4) sets out the 3-month residence requirement, with paragraph (5) providing for exceptions to this requirement. Regulation 2(3) of these Regulations amends paragraph (5) of regulation 27 of the principal Regulations to include an identical exception in relation to Northern Ireland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.