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

Weekly rates of child benefit

2.—(1) Subject to paragraphs (2) and (3) of this regulation and regulation 20 of the General Regulations (transitional provision relating to apprentices in respect of whom a family allowance was payable under the Family Allowances Act 1965(1)), the weekly rate of child benefit payable in respect of a child shall be—

(a)in a case where in any week that child is the only, elder or eldest child in respect of whom a person is entitled to child benefit, £1.00; and

(b)in any other case, £1.50.

(2) In a case where in any week a person—

(a)is entitled to child benefit in respect of a child of whom he is a parent, being a child for whom he is treated as responsible under section 3(1)(a) of the Act (person to be treated as responsible for a child in any week if he has the child living with him in that week); and

(b)either has no spouse or is not residing with his spouse; and

(c)is not living with any other person as his spouse,

the weekly rate of child benefit payable in respect of that child, or, if that child is not the only, elder or eldest child in respect of whom that person is entitled to child benefit, the elder or eldest child in respect of whom that person is so entitled, shall, subject to the conditions mentioned in paragraph (4) of this regulation, be increased by £0.50.

(3) In a case where in any week, by virtue of the provisions of regulation 17 of the General Regulations, the person entitled to child benefit in respect of a child is a voluntary organisation, the weekly rate of child benefit payable in respect of that child shall be £1.00.

(4) Where—

(a)throughout any week a person is entitled to an allowance or to an increase of a benefit, pension or allowance such as is referred to in paragraph (5) of this regulation as a “specified benefit”, paragraph (2) of this regulation shall not apply to the only, elder or eldest child in respect of whom that person is entitled to child benefit for that week; 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, paragraph (2) of this regulation shall not apply to that child; and

(c)for any week a person has been paid an increase in the weekly rate of child benefit in respect of a child pursuant to the said paragraph (2) and that week is one throughout which that person subsequently becomes entitled to such an allowance or increase as is referred to in sub-paragraph (a) of this paragraph, the increase in the weekly rate of child benefit paid to that person in respect of that child for that week shall be treated as paid on account of any such allowance or increase payable in respect of that week.

(5) A specified benefit is—

(a)under the Social Security Act—

(i)child's special allowance under section 31, guardian's allowance under section 38 or an allowance under section 70 in respect of children of deceased's family;

(ii)an increase in respect of a child of widow's allowance, widowed mother'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);

(b)under the Industrial Injuries and Diseases (Old Cases) Act 1975(2), an increase in respect of a child of such an allowance as is referred to in section 7 (nature and amount of benefit under industrial diseases benefit schemes);

(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(3), the Air Force (Constitution) Act 1917(4), the Personal Injuries (Emergency Provisions) Act 1939(5), the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(6), the Polish Resettlement Act 1947(7), the Home Guard Act 1951(8) or the Ulster Defence Regiment Act 1969(9); or

(ii)under any scheme made under the Injuries in War Compensation Act 1914(10) or the Injuries in War Compensation Act 1914 (Session 2)(11) 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.