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The Child Benefit and Guardian’s Allowance (Miscellaneous Amendments) Regulations 2005

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Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

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8.—(1) Amend regulation 22 (interim payments) as follows.

(2) For paragraph (1) substitute—

“(1) If 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—

(a)is or may be entitled,

(b)where sub-paragraph (a) of paragraph (1A) applies, would or might be entitled, were a claim made,

(c)where sub-paragraph (b) of that paragraph applies, would or might be entitled, were the national insurance number condition satisfied.

(1A) The conditions are that—

(a)a 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;

(b)a 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;

(c)a 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;

(d)an 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.”.

(3) In paragraph (2) omit “unless the Board are of the opinion that there is entitlement to benefit.”.

(4) At the end add—

“(4) In this regulation “the national insurance number condition” means the condition imposed—

(a)in Great Britain, by section 13(1A) and (1B), of the Administration Act(1) (requirement for claim to be accompanied by details of national insurance number);

(b)in Northern Ireland, by section 11(1A) and (1B)(2) of the Administration (NI) Act.”.

(1)

Section 13 was amended, and subsections (1A) and (1B) inserted, by section 69 of the Welfare Reform and Pensions Act 1999 c. 30.

(2)

Section 11 was amended, and subsections (1A) and (1B) inserted, by Article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999(S.I. 1999/3147 (N.I. 11).

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