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CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - LONG TITLE

[17th September 1975]4P ART I
[{8}section 73(6)( b ) of the Judgments (Enforcement) Act (Northern
Ireland) 1969| or Article 30, 73(5)( b ), 99(6)( b ) or 107 of
the Judgments Enforcement (Northern Ireland) Order 1981|] the means
of any person entitled to child benefit, no account shall be taken
of any such benefit. 6 Persons outside Northern Ireland and
reciprocal arrangements 4with other countries B Persons outside
Northern Ireland A> 15. (1) Regulations may modify the provisions of
this Part in their application to persons who are or have been
outside Northern Ireland at any prescribed time or in any prescribed
circumstances. B>(2) Subject to any regulations under paragraph (1),
no child benefit shall be payable in respect of a child for any
week unless C >>( a ) he is in Northern Ireland in that week;
and C >>( b ) either he or at least one of his parents has been
in Northern Ireland for more than one hundred and eighty-two days
in the fifty-two weeks preceding that week. B>(3) Subject to any
regulations under paragraph (1), no person shall be entitled to
child benefit for any week unless C >>( a ) he is in Northern
Ireland in that week; and C >>( b ) he has been in Northern
Ireland for more than one hundred and eighty-two days in the
fifty-two weeks preceding that week. B Reciprocal arrangements with
Great Britain {9} A> 16. (1) The Department may with the consent
of the Department of Finance make reciprocal arrangements with the
authority administering any scheme in force in Great Britain and
appearing to the Department to correspond substantially with the
scheme contained in this Part for co-ordinating the operation of
those schemes, and such arrangements may include provision for making
any necessary financial adjustments. B>(2) Regulations may make
provision for giving effect to any such arrangements; and such
regulations may in particular provide C >>( a ) for modifying this
Part or any regulations made under it; C >>( b ) without prejudice
to sub-paragraph ( a ), for securing that acts, omissions and
events having any effect for the purposes of the scheme in force
in Great Britain shall have a corresponding effect for the purposes
of this Part (but not so as to confer any double benefit); C >>(
c ) for determining, in cases where rights accrue both under that
scheme and under this Part, which of those rights shall be
available to the person concerned. B>(3) The power conferred by
paragraph (2)( a ) shall be exercisable in relation to provisions
contained in any enactment passed, enacted or made after this Order
which is directed to be construed as one with this Order or this
Part of it; but this paragraph shall apply only so far as a
contrary intention is not expressed in the later provision and shall
be without prejudice to the generality of any such direction. B
Reciprocal agreements with countries outside the United Kingdom {9}
A> 17. (1) For the purpose of giving effect to any agreement with
the government of any country outside the United Kingdom providing
for reciprocity in matters relating to payments for purposes similar
or comparable to the purposes of this Part, [{10}or for the purpose
of giving effect to any such agreement as it would be if it were
altered in accordance with proposals to alter it which, in
consequence of any change in the law of Northern Ireland relating
to child benefit, the government of the United Kingdom has made to
the other government in question,]
the Secretary of State may by order make provision for modifying
the provisions of this Part and regulations made under it in their
application to cases affected by the agreement [or proposed
alterations].

(2) The modifications which may be made by virtue of paragraph (1)
shall include in particular provision

(a)for securing that acts, omissions and events having any effect
for the purposes of the law of the country in respect of which
the agreement is made shall have a corresponding effect for the
purposes of this Part (but not so as to confer any double
benefit);

(b)for determining, in cases where rights accrue both under that law
and under this Part, which of those rights shall be available to
the person concerned;

(c)for making any necessary financial adjustments.

(3) Paragraph (3) of Article 16 shall apply to the power conferred
by paragraph (1) as it applies to the power conferred by paragraph
(2)(a) of that Article.

Art.18 rep. by art.23(2) sch.5 Pt.I of this Order

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 19

19.(1) Regulations may, with effect from any day in the week
beginning with the appointed day, reduce the sum specified in any
of the provisions mentioned in paragraph (2) to such extent as the
Department thinks appropriate having regard to the introduction of
child benefit; and regulations may, with effect from any day on or
after that on which there is an increase in the rate or any of
the rates of child benefit, reduce any such sum as aforesaid to
such extent as the Department thinks appropriate having regard to
that increase.

(2) The provisions referred to in paragraph (1) are

(a)paragraph 10 of Part I of Schedule 4 to the Social Security Act
(child's special allowance);

(b)paragraph 4 of Part III of that Schedule (guardian's allowance);

(c)column (2) of Part IV of that Schedule (increase for child
dependants);

(d)paragraphs 9 and 10 of Part V of that Schedule (increase of
injury benefit and disablement pension in respect of children);

(e)paragraph 15 of Part V of that Schedule (allowance in respect of
deceased's children).

(3) Schedule 14 to the Social Security Act (provisions applying
where rates of benefit are altered by a Measure, etc.) shall have
effect as if any alteration by regulations under this Article were
an alteration by a Measure.

(4) Any reduction that could be made under paragraph (1) may be
made instead by an order under section 120 of the Social Security
Act corresponding to an order made by the Secretary of State under
section 124 of the Social Security Act 1975 by virtue of section
17(4) of the Child Benefit Act 1975.

(5) Regulations may provide for treating child benefit paid under
this Order as having been properly paid for any period for which
it is not in fact payable in cases where in consequence of a
subsequent decision under the Social Security Act the person in
respect of whom the child benefit was paid is entitled to a
non-contributory invalidity pension for that period, and for reducing
or withholding any arrears payable by virtue of the subsequent
decision.

(6) Regulations may also provide for treating a non-contributory
invalidity pension paid to a person which it is subsequently decided
was not payable as having been properly paid for any period for
which it is not in fact payable in cases where in consequence of
a subsequent decision under this Order another person is entitled to
child benefit in respect of him for that period, and for reducing
or withholding any arrears payable by virtue of that subsequent
decision.

Art.20 rep. by art.23(2) sch.5 Pt.I of this Order. Art.21 rep. by
1977 NI27 art.42(3) sch.7 Pt.I

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 22

22.(1) Regulations may make provision for any transitional matter
connected with the coming into force of any provision of this
Order.

(2) Without prejudice to the generality of paragraph (1), regulations
may in particular make provision

(a)for enabling claims to child benefit to be made and disposed of,
and for enabling such benefit to be awarded, before the appointed
day (but not so as to accrue before that day);

(b)for treating a person who before the appointed day is entitled
to an allowance under the Family Allowances Act as having made a
claim to child benefit in respect of each child within the meaning
of that Act (including the elder or eldest) who is included in his
family for the purposes of that Act;

(c)for treating a person who immediately before the appointed day is
entitled to an allowance under that Act in respect of any child as
entitled from the appointed day to child benefit in respect of that
child at such rate, for such period and subject to such conditions
as may be prescribed;

(d)for enabling claims to benefit under Article 18 to be made and
disposed of, and for enabling such benefit to be awarded, before
the beginning of the interim period mentioned in that Article (but
not so as to accrue before the beginning of that period);

(e)for treating a person who immediately before the appointed day
has a child living with him within the meaning of that Article,
and is entitled to benefit under that Article, as entitled from the
appointed day to child benefit in respect of that child at such
rate, for such period and subject to such conditions as may be
prescribed.

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 23

23.Para.(1), with Schedule 4, effects amendments; para.(2), with
Schedule 5, effects repeals

(3) No amendment or repeal taking effect by virtue of paragraph (1)
or (2) shall affect the operation of any enactment, or of any
instrument made thereunder, in relation to any benefit or allowance
for a period before the day on which the amendment or repeal of
that enactment comes into operation.

Para.(4) rep. by art.23(2) sch.5 Pt.I of this Order

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 24

24.(1) Any power conferred by this Order to make regulations shall
be exercisable

(a)in the case of regulations made under Article 7, by the
Department in conjunction with the Department of Finance; and

(b)in any other case, by the Department.

(2) Regulations under Article 7 or 19(1) shall be laid before the
Assembly after being made and shall take effect on such date as
may be specified in the regulations, but shall (without prejudice to
the validity of anything done thereunder or to the making of new
regulations) cease to have effect upon the expiration of a period
of six months from that date unless at some time before the
expiration of that period they have been approved by a resolution
of the Assembly.

(3) Paragraph (2) shall not apply to regulations to be made for
the purpose only of consolidating regulations thereby revoked.

(4) Regulations to which paragraph (2) does not apply shall be
subject to negative resolution.

(5) Any power conferred by this Order to make an order or
regulations includes power to make thereby such incidental or
supplementary provision as appears to the authority making the order
or regulations to be expedient for the purposes of the order or
regulations.

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 25

25. Where in consequence of this Order any payments fall to be
made by way of adjustment out of the Northern Ireland National
Insurance Fund into the Consolidated Fund or out of moneys
appropriated by Measure into the Northern Ireland National Insurance
Fund, those payments shall be taken to be such, and payments on
account of them shall be made at such time and in such manner, as
may be determined by the Department subject to any directions given
by the Department of Finance.

1.(1) Except where regulations otherwise provide, no person shall be
entitled to child benefit in respect of a child for any week if
in that week the child

(a)is undergoing imprisonment or detention in a young offenders
centre or a Borstal institution;

(b)is authorised under

(i)any provision of the Children and Young Persons Act (Northern
Ireland) 1968; or

(ii)paragraph 7 of Schedule 9 to the Education and Libraries
(Northern Ireland) Order 1972;

(b)to be detained in a training school, and is not absent from the
school on licence;

(c)is liable to be detained by virtue of section 73 of that Act
of 1968 and is not discharged on licence;

(d)is the subject of an order under that Act of 1968 committing
him to custody in any place to which he may be committed on
remand;

(e)is subject to a provision of a supervision order made under that
Act of 1968 requiring him to reside in an institution;

(f)is

(i)in the care of the Department; or

(ii)the subject of a parental rights order under section 104 of
that Act of 1968,

(e)in such circumstances as may be prescribed.

[(2) In sub-paragraph (1) the reference to a child in the care of
the Department includes a reference to a child in the care of a
Health and Social Services Board established under Article 16 of the
Health and Personal Social Services (Northern Ireland) Order 1972.]

2.(1) No person shall be entitled to child benefit by virtue of
Article 4(1)(b) in respect of a child if the education in question
is received by that child by virtue of his employment or of any
office held by him.

(2) Regulations may specify the circumstances in which a child is
or is not to be treated as receiving education as mentioned in
sub-paragraph (1).

3. Except where regulations otherwise provide, no person shall be
entitled to child benefit in respect of a child who is married.

4. Except where regulations otherwise provide, no person shall be
entitled to child benefit in respect of a child if either that
person or such other person as may be prescribed is exempt from
tax under such provisions as may be prescribed.

5. Except where regulations otherwise provide, no person shall be
entitled to child benefit in respect of a child for any week in
which the child is entitled to a non-contributory invalidity pension
under the Social Security Act.

1.(1) Subject to sub-paragraph (2), as between a person claiming
child benefit in respect of a child for any week and a person to
whom child benefit in respect of that child for that week has
already been awarded when the claim is made, the latter shall be
entitled.

(2) Sub-paragraph (1) shall not confer any priority where the week
to which the claim relates is later than the third week following
that in which the claim is made.

2. Subject to paragraph 1, as between a person entitled for any
week by virtue of sub-paragraph (a) of paragraph (1) of Article 5
and a person entitled by virtue of sub-paragraph (b) of that
paragraph the former shall be entitled.

3. Subject to paragraphs 1 and 2, as between a husband and wife
residing together the wife shall be entitled.

4.(1) Subject to paragraphs 1 to 3, as between a person who is
and one who is not a parent of the child the parent shall be
entitled.

(2) Subject as aforesaid, as between two persons residing together
who are parents of the child but not husband and wife, the mother
shall be entitled.

5. As between persons not falling within paragraphs 1 to 4, such
one of them shall be entitled as they may jointly elect or, in
default of election, as the Department may in its discretion
determine.

6.(1) Any election under this Schedule shall be made in the
prescribed manner.

(2) Regulations may provide for exceptions from and modifications of
the provisions of paragraphs 1 to 5 in relation to such cases as
may be prescribed.

1. In this Schedule "benefit" means child benefit in relation to
which the rate is increased under Article 7 and "the increase date"
means the date fixed for the commencement of payment of benefit at
the increased rate.

2.(1) Where benefit has been awarded before the increase date, then,
subject to any prescribed exceptions or conditions, the benefit shall
(except as respects any period falling before that date) become
payable at the increased rate without any claim being made therefor,
and the award shall have effect accordingly.

(2) Where benefit is awarded before the increase date but after
that date has been fixed, the award may provide for benefit to be
paid as from the increase date at the increased rate or may be
expressed in terms of the rate appropriate when the award is made.

3. Where in connection with benefit any question arises in respect
of a period after the increase date

(a)as to the weekly rate at which a person is contributing to the
cost of providing for a child; or

(b)as to the expenditure that a person is incurring in respect of
a child,

Schedule 4Amendments. Schedule 5Repeals