Statutory Instruments
2004 No. 1244
SOCIAL SECURITY
The Child Benefit (General) (Amendment) Regulations 2004
Made
30th April 2004
Laid before Parliament
30th April 2004
Coming into force
1st May 2004
The Treasury, in exercise of the powers conferred by sections 146(3) and 147(1) of the Social Security Contributions and Benefits Act 1992( 1 ) and sections 142(3) and 143(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992( 2 ) and now vested in them( 3 ) , hereby make the following Regulations:
Citation, commencement and effect
1. —(1) These Regulations may be cited as the Child Benefit (General) (Amendment) Regulations 2004 and shall come into force on 1st May 2004.
(2) These Regulations shall cease to have effect on 1st May 2006 unless revoked with effect from an earlier date.
Amendment of the Child Benefit (General) Regulations 2003
2. The Child Benefit (General) Regulations 2003( 4 ) are amended as follows.
3. In regulation 21 (circumstances in which a person is treated as not being in Great Britain) add at the end—
“ (4) A person shall be treated as not being in Great Britain for the purposes of section 146(2) of the Contributions and Benefits Act where he—
(a) makes a claim for child benefit on or after 1st May 2004; and
(b) does not have a right to reside in the United Kingdom. ” .
4. In regulation 25 (circumstances in which a person is treated as not being in Northern Ireland) add at the end—
“ (3) A person shall be treated as not being in Northern Ireland for the purposes of section 142(2) of the Contributions and Benefits ( NI ) Act where he—
(a) makes a claim for child benefit on or after 1st May 2004; and
(b) does not have a right to reside in the United Kingdom. ” .
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th April 2004
1992 c. 4 ; section 146 was substituted by section 56(1) of the Tax Credits Act 2002 (c. 21) . Section 147(1) is cited because of the meaning it ascribes to the word “prescribed”.
1992 c. 7 ; section 142 was substituted by section 56(2) of the Tax Credits Act 2002. Section 143(1) is cited because of the meaning it ascribes to the word “prescribed”.
The functions of the Secretary of State under Part 9 of the Social Security Contributions and Benefits Act 1992 were transferred to the Treasury by section 49(1)(b) of the Tax Credits Act 2002. The functions of the Department for Social Development in Northern Ireland under Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act were transferred to the Treasury by section 49(2)(b) of the Tax Credits Act 2002.