Child Benefit Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Child Benefit Bill

Child Benefit Bill
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE F]
To
Make provision for and in connection with altering the descriptions of persons
in respect of whom a person may be entitled to child benefit.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
Persons for whom child benefit may be claimed: Great Britain
(1)
In section 141 of the Social Security Contributions and Benefits Act 1992 (c. 4)
(which provides that, subject to what follows, a person is entitled to child
benefit in respect of each child for whom he is responsible)—
(a)
after “one or more children” insert “or qualifying young persons”, and
5
(b)
for “child or each of the children” substitute “child or qualifying young
person, or each of the children or qualifying young persons,”.
(2)
For section 142 of that Act (which defines as a child for the purposes of child
benefit a person who is under 16, or is under 18 and not in full-time education
but satisfies prescribed conditions, or is under 19 and in full-time education)
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substitute—
“142
“Child” and “qualifying young person”
(1)
For the purposes of this Part of this Act a person is a child if he has not
attained the age of 16.
(2)
In this Part of this Act “qualifying young person” means a person, other
15
than a child, who —
(a)
has not attained such age (greater than 16) as is prescribed by
regulations made by the Treasury, and
(b)
satisfies conditions so prescribed.”
(3)
Part 1 of Schedule 1 contains amendments consequential on this section.
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Child Benefit Bill
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Persons for whom child benefit may be claimed: Northern Ireland
(1)
In section 137 of the Social Security Contributions and Benefits (Northern
Ireland) Act 1992 (c. 7), (which provides that, subject to what follows, a person
is entitled to child benefit in respect of each child for whom he is responsible)—
(a)
after “one or more children” insert “or qualifying young persons”, and
5
(b)
for “child or each of the children” substitute “child or qualifying young
person, or each of the children or qualifying young persons,”.
(2)
For section 138 of that Act (which defines as a child for the purposes of child
benefit a person who is under 16, or is under 18 and not in full-time education
but satisfies prescribed conditions, or is under 19 and in full-time education)
10
substitute—
“138
“Child” and “qualifying young person”
(1)
For the purposes of this Part of this Act a person is a child if he has not
attained the age of 16.
(2)
In this Part of this Act “qualifying young person” means a person, other
15
than a child, who —
(a)
has not attained such age (greater than 16) as is prescribed by
regulations made by the Treasury, and
(b)
satisfies conditions so prescribed.”
(3)
Part 2 of Schedule 1 contains amendments consequential on this section.
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3
Repeals
Schedule 2 contains—
(a)
in Part 1, repeals of enactments extending to England and Wales and
Scotland, and
(b)
in Part 2, repeals of enactments extending to Northern Ireland.
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4
Financial provision
There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums which under any other Act are payable out
of money so provided.
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Extent
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(1)
Section 1 (and Part 1 of Schedule 1) and section 3(a) (and Part 1 of Schedule 2)
extend only to England and Wales and Scotland.
(2)
Section 2 (and Part 2 of Schedule 1) and section 3(b) (and Part 2 of Schedule 2)
extend only to Northern Ireland.
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Commencement
35
(1)
Any power to make regulations conferred on the Treasury by virtue of this Act
may be exercised at any time after the passing of this Act.
(2)
But, subject to that, this Act does not come into force until 10th April 2006.

Child Benefit Bill
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Short title
This Act may be cited as the Child Benefit Act 2005.

4
Child Benefit Bill
Schedule 1 — Consequential amendments
Part 1 — Great Britain

Schedules
Schedule 1
Sections 1 and 2

Consequential amendments
Part 1
Great Britain
5
Social Security Contributions and Benefits Act 1992 (c. 4)
1
The Social Security Contributions and Benefits Act 1992 is amended as
follows.
2     (1)
Section 37 (widowed mother’s allowance) is amended as follows.
      (2)
In subsection (1)(a), after “a child” insert “or qualifying young person”.
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      (3)
In subsection (2), after—
(a)
“A child”,
(b)
“the child”, in both places, and
(c)
“a child”, in both places,

insert “or qualifying young person”.
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3     (1)
Section 39A (widowed parent’s allowance) is amended as follows.
      (2)
In subsection (2)(a), after “a child” insert “or qualifying young person”.
      (3)
In subsection (3), after—
(a)
“A child”,
(b)
“the child”, in both places, and
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(c)
“a child”, in both places,

insert “or qualifying young person”.
4     (1)
Section 77 (guardian’s allowance) is amended as follows.
      (2)
In subsection (1), after—
(a)
“a child”, and
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(b)
“that child”,

insert “or qualifying young person”.
      (3)
In subsection (2), for “child’s parents”, in each place, substitute “parents of
the child or qualifying young person”.
      (4)
In subsection (3)—
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(a)
after “child” insert “or qualifying young person”, and
(b)
for “child’s parent’s” substitute “parents of the child or qualifying
young person”.

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 1 — Great Britain
5

      (5)
In subsection (4), after “child” insert “or qualifying young person”.
      (6)
In subsection (5), after “child”, in both places, insert “or qualifying young
person”.
      (7)
In subsection (7), after “child” insert “or qualifying young person”.
      (8)
In subsection (8)—
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(a)
after “child”, in both places, insert “or qualifying young person”, and
(b)
for “a child’s parents” substitute “the parents of a child or qualifying
young person”.
      (9)
In subsection (9), after “child” insert “or qualifying young person”.
     (10)
In subsection (10), after “child” insert “or qualifying young person”.
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     (11)
In subsection (11), after “child”, in both places, insert “or qualifying young
person”.
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In section 82(4) (increase in maternity allowance)—
(a)
after “nor a child” insert “or qualifying young person”, and
(b)
for “a child or children” substitute “one or more children or
15
qualifying young persons”.
6     (1)
Section 85 (increase in retirement pension) is amended as follows.
      (2)
In subsection (2)—
(a)
after “nor a child” insert “or qualifying young person”, and
(b)
for “a child or children” substitute “one or more children or
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qualifying young persons”.
      (3)
In the heading, after “children” insert “or qualifying young persons”.
7     (1)
Section 114 (persons maintaining dependants etc.) is amended as follows.
      (2)
In subsection (1), after “child” insert “or qualifying young person”.
      (3)
In subsection (3), after “children” insert “or qualifying young persons”.
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8     (1)
Section 122(1) (Parts 1 to 6: interpretation) is amended as follows.
      (2)
For the definition of “child” substitute—
““child” has the same meaning as in Part 9 of this Act;”.
      (3)
Insert at the appropriate place—
““qualifying young person” has the same meaning as in Part 9
30
of this Act;”.
9     (1)
Section 143 (child benefit: person responsible for child) is amended as
follows.
      (2)
In subsection (1), after “child”, in each place except in the phrase “child
benefit”, insert “or qualifying young person”.
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      (3)
In subsection (2), after “child”, in both places, insert “or qualifying young
person”.
      (4)
In subsection (3)—
(a)
for “child’s” substitute “fact that the child or qualifying young
person is”,
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Child Benefit Bill
Schedule 1 — Consequential amendments
Part 1 — Great Britain
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(b)
in paragraph (a), for “full-time education by attendance at a
recognised educational establishment” substitute “education or
training of a description prescribed by regulations made by the
Treasury”, and
(c)
in paragraph (c), omit “being,”.
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      (5)
In subsection (4)—
(a)
after “any child” and “for the child” insert “or qualifying young
person”, and
(b)
for “of the child” substitute “of him”.
      (6)
In subsection (5), after “child”, in both places, insert “or qualifying young
10
person”.
      (7)
In the heading, for “child” substitute “child or qualifying young person”.
10    (1)
Section 144 (child benefit: exclusions and priority) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsection (2), omit “in other cases”.
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      (4)
In subsection (3), after “same child” insert “or qualifying young person”.
11
In section 145(2) (different rates of child benefit by reference to age of child),
after “child” insert “or qualifying young person”.
12    (1)
Section 145A (entitlement to child benefit after death of child) is amended as
follows.
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      (2)
In subsection (1), after—
(a)
“a child”, and
(b)
“the child”,

insert “or qualifying young person”.
      (3)
In subsection (4), after “a child” insert “or qualifying young person”.
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      (4)
In the heading, after “child” insert “or qualifying young person”.
13    (1)
Section 146 (child benefit: presence in Great Britain) is amended as follows.
      (2)
In subsection (1), after “a child” insert “or qualifying young person”.
      (3)
In subsection (3)—
(a)
for “a child or other” substitute “any”, and
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(b)
for “this section” substitute “subsection (1) or (2) above”.
14    (1)
Section 147 (child benefit: interpretation and supplementary) is amended as
follows.
      (2)
In subsection (1), omit the definition of “recognised educational
establishment”.
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      (3)
In subsection (3), after “child” insert “or qualifying young person”.
15    (1)
Part 5 of Schedule 4 (rates of industrial injuries benefits) is amended as
follows.
      (2)
In paragraphs 1 and 4, in the second column, in paragraph (a), omit “child
or adult”.
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Child Benefit Bill
Schedule 1 — Consequential amendments
Part 1 — Great Britain
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      (3)
In paragraph 12—
(a)
in the first column, after “children” insert “and qualifying young
persons”, and
(b)
in the second column, for “qualifying child” substitute “child or
qualifying young person”.
5
16    (1)
Schedule 7 (industrial injuries benefits) is amended as follows.
      (2)
In paragraph 4—
(a)
in sub-paragraph (1), for “a child or children” substitute “one or
more children or qualifying young persons”, and
(b)
in sub-paragraph (4), after “child”, in both places, insert “or
10
qualifying young person”,

and in the heading before that paragraph, after “children” insert “and
qualifying young persons”.
      (3)
In paragraph 5(1), after “child”, in each place, insert “or qualifying young
person”.
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      (4)
In paragraph 6(1)—
(a)
after “nor a child” insert “or qualifying young person”, and
(b)
for “a child or children” substitute “one or more children or
qualifying young persons”.
      (5)
In paragraph 16(2)(a), after “children” insert “or qualifying young persons”.
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      (6)
In paragraph 18—
(a)
for “a child or children” substitute “one or more children or
qualifying young persons”,
(b)
after “that child”, in each place, insert “or qualifying young person”,
and
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(c)
after “those children”, in each place, insert “or qualifying young
persons”,

and in the heading before that paragraph, for “Children of deceased’s”
substitute “Deceased’s”.
      (7)
In paragraph 19, after “child”, in each place, insert “or qualifying young
30
person”; and in the heading before that paragraph, after “children” insert
“and qualifying young persons”.
17    (1)
Schedule 9 (exclusions from entitlement to child benefit) is amended as
follows.
      (2)
In paragraph 1, after—
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(a)
“a child”, and
(b)
“the child”,

insert “or qualifying young person”; and, in the heading before it, after
“Children” insert “and qualifying young persons”.
      (3)
Omit paragraph 2 (and the heading before it).
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      (4)
In paragraph 3, after “a child” insert “or qualifying young person”; and, in
the heading before it, after “Children” insert “and qualifying young persons”.
18    (1)
Schedule 10 (priority between persons entitled to child benefit) is amended
as follows.