Child Benefit Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Child Benefit Bill

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 2 — Northern Ireland
8

      (2)
In paragraph 1(1), after—
(a)
“a child”, and
(b)
“that child”,

insert “or qualifying young person”.
      (3)
In the heading before paragraph 2, after “child” insert “or qualifying young
5
person”.
      (4)
In paragraph 4, after “child”, in both places, insert “or qualifying young
person”.
Social Security Administration Act 1992 (c. 5)
19
The Social Security Administration Act 1992 is amended as follows.
10
20    (1)
Section 13 (necessity of application for child benefit) is amended as follows.
      (2)
In subsection (1C), after “children” insert “or qualifying young persons”.
      (3)
In subsection (2), after “same child” insert “or qualifying young person”.
21
In section 73(2)(c) and (5)(c) (overlapping benefits), omit “child or adult”.
22
In section 80 (child benefit: overlap with benefits under legislation of other
15
member States), after “any child” insert “or qualifying young person”.
23
In section 155(6) (effect of alteration of rates of benefit), after “child” insert
“or qualifying young person”.
24
In section 157(2) (effect of alteration of rates of child benefit), after “a child”,
in both places, insert “or qualifying young person”.
20
25
In section 158(1) (treatment of excess benefit as paid on account of child
benefit), after—
(a)
“a child”, and
(b)
“of the child”, in both places,

insert “or qualifying young person”.
25
Social Security Act 1998 (c. 14)
26
In section 18(2) of the Social Security Act 1998 (regulations about decisions),
after—
(a)
“a child”, and
(b)
“the child”,
30

insert “or qualifying young person”.
Part 2
Northern Ireland
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
27
The Social Security Contributions and Benefits (Northern Ireland) Act 1992
35
is amended as follows.
28    (1)
Section 37 (widowed mother’s allowance) is amended as follows.
      (2)
In subsection (1)(a), after “a child” insert “or qualifying young person”.

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 2 — Northern Ireland
9

      (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”.
5
29    (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
10
(c)
“a child”, in both places,

insert “or qualifying young person”.
30    (1)
Section 77 (guardian’s allowance) is amended as follows.
      (2)
In subsection (1), after—
(a)
“a child”, and
15
(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)—
20
(a)
after “child” insert “or qualifying young person”, and
(b)
for “child’s parent’s” substitute “parents of the child or qualifying
young person”.
      (5)
In subsection (4), after “child” insert “or qualifying young person”.
      (6)
In subsection (5), after “child”, in both places, insert “or qualifying young
25
person”.
      (7)
In subsection (7), after “child” insert “or qualifying young person”.
      (8)
In subsection (8)—
(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
30
young person”.
      (9)
In subsection (9), after “child” insert “or qualifying young person”.
     (10)
In subsection (10), after “child” insert “or qualifying young person”.
     (11)
In subsection (11), after “child”, in both places, insert “or qualifying young
person”.
35
31
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
qualifying young persons”.
32    (1)
Section 85 (increase in retirement pension) is amended as follows.
40
      (2)
In subsection (2)—

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 2 — Northern Ireland
10

(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”.
      (3)
In the heading, after “children” insert “or qualifying young persons”.
33    (1)
Section 114 (persons maintaining dependants etc.) is amended as follows.
5
      (2)
In subsection (1), after “child” insert “or qualifying young person”.
      (3)
In subsection (3), after “children” insert “or qualifying young persons”.
34    (1)
Section 121(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;”.
10
      (3)
Insert at the appropriate place—
““qualifying young person” has the same meaning as in Part 9
of this Act;”.
35    (1)
Section 139 (child benefit: person responsible for child) is amended as
follows.
15
      (2)
In subsection (1), after “child”, in each place except in the phrase “child
benefit”, insert “or qualifying young person”.
      (3)
In subsection (2), after “child”, in both places, insert “or qualifying young
person”.
      (4)
In subsection (3)—
20
(a)
for “child’s” substitute “fact that the child or qualifying young
person is”,
(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
25
Treasury”, and
(c)
in paragraph (c), omit “being,”.
      (5)
In subsection (4)—
(a)
after “any child” and “for the child” insert “or qualifying young
person”, and
30
(b)
for “of the child” substitute “of him”.
      (6)
In subsection (5), after “child”, in both places, insert “or qualifying young
person”.
      (7)
In the heading, for “child” substitute “child or qualifying young person”.
36    (1)
Section 140 (child benefit: exclusions and priority) is amended as follows.
35
      (2)
Omit subsection (1).
      (3)
In subsection (2), omit “in other cases”.
      (4)
In subsection (3), after “same child” insert “or qualifying young person”.
37
In section 141(2) (different rates of child benefit by reference to age of child),
after “child” insert “or qualifying young person”.
40

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 2 — Northern Ireland
11

38    (1)
Section 141A (entitlement to child benefit after death of child) is amended as
follows.
      (2)
In subsection (1), after—
(a)
“a child”, and
(b)
“the child”,
5

insert “or qualifying young person”.
      (3)
In subsection (4), after “a child” insert “or qualifying young person”.
      (4)
In the heading, after “child” insert “or qualifying young person”.
39    (1)
Section 142 (child benefit: presence in Northern Ireland) is amended as
follows.
10
      (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
(b)
for “this section” substitute “subsection (1) or (2) above”.
40    (1)
Section 143 (child benefit: interpretation and supplementary) is amended as
15
follows.
      (2)
In subsection (1), omit the definition of “recognised educational
establishment”.
      (3)
In subsection (3), after “child” insert “or qualifying young person”.
41    (1)
Part 5 of Schedule 4 (rates of industrial injuries benefits) is amended as
20
follows.
      (2)
In paragraphs 1 and 4, in the second column, in paragraph (a), omit “child
or adult”.
      (3)
In paragraph 12—
(a)
in the first column, after “children” insert “and qualifying young
25
persons”, and
(b)
in the second column, for “qualifying child” substitute “child or
qualifying young person”.
42    (1)
Schedule 7 (industrial injuries benefits) is amended as follows.
      (2)
In paragraph 4—
30
(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
qualifying young person”,

and in the heading before that paragraph, after “children” insert “and
35
qualifying young persons”.
      (3)
In paragraph 5(1), after “child”, in each place, insert “or qualifying young
person”.
      (4)
In paragraph 6(1)—
(a)
after “nor a child” insert “or qualifying young person”, and
40
(b)
for “a child or children” substitute “one or more children or
qualifying young persons”.

Child Benefit Bill
Schedule 1 — Consequential amendments
Part 2 — Northern Ireland
12

      (5)
In paragraph 16(2)(a), after “children” insert “or qualifying young persons”.
      (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”,
5
and
(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”.
10
      (7)
In paragraph 19, after “child”, in each place, insert “or qualifying young
person”; and in the heading before that paragraph, after “children” insert
“and qualifying young persons”.
43    (1)
Schedule 9 (exclusions from entitlement to child benefit) is amended as
follows.
15
      (2)
In paragraph 1—
(a)
in sub-paragraph (1), after “a child” and “the child”, and
(b)
in sub-paragraph (2), after “a child”,

insert “or qualifying young person”; and, in the heading before it, after
“Children” insert “and qualifying young persons”.
20
      (3)
Omit paragraph 2 (and the heading before it).
      (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”.
44    (1)
Schedule 10 (priority between persons entitled to child benefit) is amended
as follows.
25
      (2)
In paragraph 1(1), after—
(a)
“a child”, and
(b)
“that child”,

insert “or qualifying young person”.
      (3)
In the heading before paragraph 2, after “child” insert “or qualifying young
30
person”.
      (4)
In paragraph 4, after “child”, in both places, insert “or qualifying young
person”.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
45
The Social Security Administration (Northern Ireland) Act 1992 is amended
35
as follows.
46    (1)
Section 11 (necessity of application for child benefit) is amended as follows.
      (2)
In subsection (1C), after “children” insert “or qualifying young persons”.
      (3)
In subsection (2), after “same child” insert “or qualifying young person”.
47
In section 71(2)(c) and (5)(c) (overlapping benefits), omit “child or adult”.
40

Child Benefit Bill
Schedule 2 — Repeals
Part 1 — Great Britain
13

48
In section 76 (child benefit: overlap with benefits under legislation of other
member States), after “any child” insert “or qualifying young person”.
49
In section 135(6) (effect of alteration of rates of benefit), after “child” insert
“or qualifying young person”.
50
In section 137(2) (effect of alteration of rates of child benefit), after “a child”,
5
in both places, insert “or qualifying young person”.
51
In section 138(1) (treatment of excess benefit as paid on account of child
benefit), after—
(a)
“a child”, and
(b)
“of the child”, in both places,
10

insert “or qualifying young person”.
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
52
In Article 18(2) of the Social Security (Northern Ireland) Order 1998
(regulations about decisions), after—
(a)
“a child”, and
15
(b)
“the child”,

insert “or qualifying young person”.
Schedule 2
Section 3

Repeals
Part 1
20
Great Britain

Short title and chapter
Extent of repeal

Social Security Contributions
In section 143(3)(c), the word “being,”.

and Benefits Act 1992 (c. 4)
In section 144, subsection (1) and, in subsection

(2), the words “in other cases”.

25

In section 147(1), the definition of “recognised

educational establishment”.

In Schedule 4, in Part 5, in paragraphs 1 and 4,

in the second column, in paragraph (a), the

words “child or adult”.

30

In Schedule 9, paragraph 2 (and the heading

before it).

Social Security Administration
In section 73(2)(c) and (5)(c), the words “child or

Act 1992 (c. 5)
adult”.

Tax Credits Act 2002 (c. 21)
In section 49(1)(b), the words “section 142(1)(c)

35

and (2) and”.

Child Benefit Bill
Schedule 2 — Repeals
Part 2 — Northern Ireland
14

Part 2
Northern Ireland

Short title and chapter
Extent of repeal

Social Security Contributions
In section 139(3)(c), the word “being,”.

and Benefits (Northern
In section 140, subsection (1) and, in subsection

5

Ireland) Act 1992 (c. 7)
(2), the words “in other cases”.

In section 143(1), the definition of “recognised

educational establishment”.

In Schedule 4, in Part 5, in paragraphs 1 and 4,

in the second column, in paragraph (a), the

10

words “child or adult”.

In Schedule 9, paragraph 2 (and the heading

before it).

Social Security Administration
In section 71(2)(c) and (5)(c), the words “child or

(Northern Ireland) Act 1992
adult”.

15

(c. 8)

Tax Credits Act 2002 (c. 21)
In section 49(2)(b), the words “section 138(1)(c)

and (2) and”.