The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (revoked)

Weekly rates of child benefitU.K.

2.—[F1(1) F2Subject to ... regulation 20(1) of the General Regulations (transitional provision relating to apprentices in respect of whom a family allowance was payable under the Family Allowances Act 1965 to 1975) the weekly rate of child benefit payable in respect of a child [F3shall be—

[F4(a)subject to paragraphs (2ZA) to (4) of this regulation—

(i)in a case where in any week a child F5... is the only child or, if not the only child, the elder or eldest child in respect of whom child benefit is payable to a person, [F6£17.00],]

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in any other case, [F8£11.40].]]

F9(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(2ZA) Where in any week—

(a)a person—

(i)is residing with his spouse [F11or civil partner]; or

(ii)is living with any other person as his spouse [F11or civil partner]; or

(iii)is a member of a polygamous marriage and is residing with other members of that marriage; and

(b)child benefit would, but for this paragraph, be payable to that person in respect of a child at the weekly rate specified in paragraph (1)(a)[F12(i)] of this regulation; and

(c)child benefit would, but for this paragraph, be payable at that rate to his spouse[F13, civil partner] or that other person or any other members of that polygamous marriage, as the case may be, in respect of another child,

the rate specified in paragraph (1)(a)[F12(i)] of this regulation shall be payable in that week in respect of one only of the children mentioned in sub-paragraphs (b) and (c) of this paragraph, being the elder, or if there are more than two children, the eldest of those children.]

[F10(2ZB) Child benefit shall not be payable at the rate specified in paragraph (1)(a)[F14(i) F15...] of this regulation where the person to whom child benefit is payable is a voluntary organisation.]

[F16(2A) F17...A person who is residing with a parent of the child shall be entitled to the weekly rate of child benefit payable under paragraph (1)(a)(i) of this regulation in respect of that child F17....]

F18(2AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where—

[F20(a)an allowance or an increase of a benefit, pension or allowance which for the purpose of paragraph (5) of this regulation is a “specified benefit”, is paid to a person in respect of any week for or in respect of the only, elder or eldest child in respect of whom that person is entitled to child benefit for that week, then [F21the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child]; and]

(b)for any week the only, elder or eldest child in respect of whom a person is entitled to child benefit is a child in respect of whom that benefit is payable at the weekly rate of £1.50 by virtue of the provisions of paragraph (1) or (2) of regulation 20 of the General Regulations, [F22the weekly rate of child benefit specified in paragraph (1)(a)(i) of this regulation shall be payable in respect of that child]; and

F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A specified benefit is—

(a)under the Social Security Act—

(i)child's special allowance under section 31F24... or an allowance under section 70 [F25at the higher rate specified in Schedule 4, Part V, paragraph15(a)] in respect of children of deceased's family;

(ii)an increase in respect of a child of widow's allowance, widowed mother's allowance[F26, widowed parent’s allowance] or Category A, B or C retirement pension under section 41, of invalid care allowance under section 49, of benefit corresponding to widowed mother's allowance provided for by regulations made under section 39(4), or of disablement pension under section 64(1)(b);

[F27(b)under the Industrial Injuries and Diseases (Old Cases) Act 1975 M1, an increase in respect of a child under section 7(3)(c) equal to the increase payable under section 64 of the Social Security Act at the higher rate specified in Schedule 4, Part V, paragraph 10;]

(c)an allowance for a child granted in respect of the death of a person due to service or war injury—

(i)under powers conferred by or under the Ministry of Pensions Act 1916 M2, the Air Force (Constitution) Act 1917 M3, the Personal Injuries (Emergency Provisions) Act 1939 M4, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 M5, the Polish Resettlement Act 1947 M6, the Home Guard Act 1951 M7 or the Ulster Defence Regiment Act 1969 M8; or

(ii)under any scheme made under the Injuries in War Compensation Act 1914 M9 or the Injuries in War Compensation Act 1914 (Session 2) M10 or any War Risk Compensation Scheme for the Mercantile Marine; or

(iii)which the Secretary of State accepts as being analogous to an allowance for a child granted in respect of the death of a person due to service or war injury under any of the provisions referred to in (i) or (ii) above.

[F28(6) For the purposes of paragraph (2ZA) of this regulation a person is a member of a polygamous marriage if—

(a)during the subsistence of the marriage any party to it is married to more than one person; and

(b)the ceremony of marriage took place under the law of a country which permits polygamy.]