PART III
GENERAL
20 Transitional provisions
(1) Regulations may make provision for any transitional matter connected with the coming into force of any provision of this Act.
(2) Without prejudice to the generality of subsection (1) above, 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);
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(b) for treating a person who before the appointed day is entitled to an allowance under the Family Allowances Act 1965 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 section 16 above to be made and disposed of, and for enabling such benefit to be awarded, before the beginning of the interim period mentioned in that section (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 section, and is entitled to benefit under that section, 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.
21 Consequential amendments and repeals
(1) The enactments mentioned in Schedule 4 to this Act shall be amended in accordance with that Schedule with effect from such day in the week beginning with the appointed day as the Secretary of State may by order specify.
(2) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule -
(a) in the case of the enactments in Part I of that Schedule, with effect from such day in the week beginning with the appointed day as the Secretary of State may by order specify;
(b) in the case of the enactments in Part II of that Schedule, with effect from the passing of this Act.
(3) Different days may be specified under subsections (1) and (2) (a) above in relation to different provisions or for different purposes in relation to the same provision.
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(4) No amendment or repeal taking effect by virtue of subsection (1) or (2) above 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 from which the amendment or repeal of that enactment takes effect.
(5) In section 16(1) of the Supplementary Benefit Act 1966 (c. 20) and paragraph 24(2) of Schedule 2 to that Act, and in section 2(5) of the Social Security Act 1971 (c. 73), references to allowances under the Family Allowances Act 1965 (c. 53) shall include references to benefit under section 16 above; and in section 8(4) of the Family Income Supplements Act 1970 (c. 55), Schedule 4 to the Attachment of Earnings Act 1971 (c. 32) and section 6(1) of the National Insurance Act 1974 (c. 14) references to the Family Allowances Act 1965 or to the Family Allowances Acts 1965 to 1969 shall include references to section 16 above.
(6) Section 139(1) of the Social Security Act 1975 (c. 14) (which requires a preliminary draft of regulations to be submitted to the National insurance Advisory Committee before the regulations are made or, in certain cases, before a draft is laid before Parliament) and section 141(2) of that Act (which requires a proposal to make regulations to be referred to the Industrial Injuries Advisory Council for consideration and advice) shall not apply to regulations made, or to a draft of regulations laid, before the appointed day if the instrument containing the regulations or, as the case may be, the draft states that the regulations contain no provisions other than such as are made in consequence of this Act.
(7) Section 167(1) of the said Act of 1975 and section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16) shall not require a draft of any regulations, order or scheme to be laid before Parliament or approved by resolution of either House of Parliament before the making of the regulations, order or scheme if the instrument containing the regulations, order or scheme is made before the appointed day and states that it is made in consequence of this Act; but where either of those enactments would otherwise so require, the instrument containing the regulations, order or scheme shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.
22 Regulations and orders
(1) Any power conferred by this Act to make regulations shall be exercisable -
(a) in the case of regulations made under section 5, by the Secretary of State in conjunction with the Treasury; and
(b) in any other case, by the Secretary of State.
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(2) The power to make any regulations or orders under this Act shall be exercisable by statutory instrument.
(3) Subject to subsection (4) below, no regulations shall be made under section 5 or 17(1) above unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament.
(4) Subsection (3) above shall not apply to regulations to be made for the purpose only of consolidating regulations thereby revoked.
(5) A statutory instrument containing regulations to which subsection (3) above does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Any power conferred by this Act to make an Order in Council or regulations may be exercised -
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised -
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes,
(iii) any such provision either unconditionally or subject to any specified condition.
(7) Any power conferred by this Act to make an Order in Council or regulations includes power to make thereby such incidental or supplementary provision as appears to Her Majesty, the Secretary of State or the Secretary of State and the Treasury, as the case may be, to be expedient for the purposes of the Order or regulations.
(8) Any power conferred by this Act to make an Order in Council includes power to vary or revoke a previous Order; and any order under section 5(3), 16(2), 21(1) or (2)(a) or 24(1) of this Act may be varied or revoked at any time before the day specified or appointed thereby.
(9) Any order under the provisions mentioned in subsection (8) above shall be laid before Parliament after being made.
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23 Financial provisions
(1) There shall be paid out of moneys provided by Parliament -
(a) any expenses of the Secretary of State or any other government department in the administration of this Act;
(b) any increase attributable to this Act in the sums payable out of moneys so provided under any other Act.
(2) As respects any increase attributable to this Act in the expenses which under subsection (3)(a) of section 135 of the Social Security Act 1975 (c. 14) are to be paid out of moneys provided by Parliament, subsection (1)(b) above is without prejudice to the provision made by subsection (5) of that section for reimbursement out of the National Insurance Fund.
(3) Any sums repaid to the Secretary of State by virtue of section 8 above shall be paid by him into the Consolidated Fund.
(4) Where in consequence of this Act any payments fall to be made by way of adjustment out of the National Insurance Fund into the Consolidated Fund or out of moneys provided by Parliament into the 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 Secretary of State subject to any directions given by the Treasury.
24 Interpretation
(1) In this Act -
"the appointed day" means such day (being a Monday) as the Secretary of State may by order appoint;
"insurance officer" means an insurance officer appointed under section 97 of the Social Security Act 1975 (c. 14);
"local tribunal" means a tribunal appointed under section 97 of that Act;
"prescribed", except where the context otherwise requires, means prescribed by regulations under this Act;
"recognised educational establishment" means an establishment recognised by the Secretary of State as being, or as comparable to, a university, college or school, and regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this Act as receiving full-time education by attendance at such an establishment;
"voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
"week" means a period of seven days beginning with a Monday.
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(2) Subject to any provision made by regulations, references in this Act to any condition being satisfied or any facts existing in a week shall be construed as references to the condition being satisfied or the facts existing at the beginning of that week.
(3) References in this Act to a parent, father or mother of a child shall be construed -
(a) as including references to the natural parent, father or mother of an illegitimate child;
(b) as including references to a step-parent, step-father or step-mother;
(c) as if a child that has been adopted in pursuance of an adoption order made in the United Kingdom, any of the Channel Islands or the Isle of Man, or by an overseas adoption within the meaning of section 4 of the Adoption Act 1968 (c. 53), were the child of the adopter and not of any person who (not being the adopter) was its parent at the time of the adoption.
(4) Regulations may prescribe the circumstances in which persons are or are not to be treated for the purposes of this Act as residing together.
(5) Nothing in this Act shall be construed as conferring a right to child benefit on any body corporate; but regulations may confer such a right on voluntary organisations and for that purpose may make such modifications of any provision of this Act as the Secretary of State thinks fit.
(6) Except where the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended or extended by or under any other enactment, including this Act.
25 Short title and extent
(1) This Act may be cited as the Child Benefit Act 1975.
(2) This Act does not extend to Northern Ireland.
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SCHEDULES
SCHEDULE 1
Section 4(1)
EXCLUSIONS FROM ENTITLEMENT
Children in detention, care etc.
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 is -
(a) undergoing imprisonment or detention in legal custody;
(b) subject to a supervision requirement made under section 44 of the Social Work (Scotland) Act 1968 (c. 49) and residing in a residential establishment within the meaning of that section; or
(c) in the care of a local authority in such circumstances as may be prescribed.
Employed trainees, etc.
2 (1) No person shall be entitled to child benefit by virtue of section 2(1)(b) of this Act 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) above.
Married children
3. Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child who is married.
Persons exempt from tax
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.
Children entitled to non-contributory invalidity pension
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 1975 (c. 14).
SCHEDULE 2
Section 4(2)
PRIORITY BETWEEN PERSONS ENTITLED
Person with prior award
1 (1) Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child for any week and a
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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) above 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.
Person having child living with him
2. Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 3 of this Act and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.
Husband and wife
3. Subject to paragraphs 1 and 2 above, as between a husband and wife residing together the wife shall be entitled.
Parents
4 (1) Subject to paragraphs 1 to 3 above, 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.
Other cases
5. As between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Secretary of State may in his discretion determine.
Supplementary
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 above in relation to such cases as may be prescribed.
SCHEDULE 3
Section 5(6)
INCREASES IN RATE OF BENEFIT
Preliminary
1. In this Schedule "benefit" means child benefit in relation to which the rate is increased under section 5 of this Act and "the increase date" means the date fixed for the commencement of payment of benefit at the increased rate.
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Awards made before increase date
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.
Calculation of contributions and expenditure in respect of child
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,
and in determining that question account falls to be taken of contributions made or expenditure incurred for a period before that date, the contributions made or expenditure incurred before that date shall be treated as increased in proportion to the increase in the rate of benefit.
SCHEDULE 4
Section 21(1)
CONSEQUENTIAL AMENDMENTS
The Supplementary Benefit Act 1966 (c. 20)
(The Ministry of Social Security Act 1966)
1. In section 16(1) of the Supplementary Benefit Act 1966 for paragraph (c) there shall be substituted -
"(c) child benefit;".
2. In paragraph 24(2) of Schedule 2 to that Act for paragraph (a) there shall be substituted -
"(a) any child benefit;".
The Family Income Supplements Act 1970 (c. 55)
3. For section 2 of the Family Income Supplements Act 1970 there shall be substituted -
"2 (1) Subject to subsection (2) of this section, the prescribed amount for any family shall be such amount as may be specified by regulations and different amounts may be so specified according to the number of children included in the family.
(2) The amount specified under this section for any family shall not be less than the amount which immediately before the
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appointed day for the purposes of the Child Benefit Act 1975 was the prescribed amount for a family which includes only one child."
4. In section 3 of that Act -
(a) for subsection (1) there shall be substituted -
"(1) Subject to the following provisions of this section, the weekly rate of a family income supplement shall be one half of the difference between the amounts mentioned in section 1(2) of this Act but shall not in any case exceed such amount as may be specified by regulations.
(1A) Different amounts may be so specified according to the number of children included in a family and no amount so specified shall be less than the existing maximum minus an amount equal to the weekly rate of child benefit for the time being in force or, if different weekly rates of child benefit are in force, the lower or lowest of them.
In this subsection "the existing maximum" means the amount which immediately before the appointed day for the purposes of the Child Benefit Act 1975 was the maximum weekly rate of a family income supplement in the case of a family which includes only one child.";
(b) in subsection (4) the words "and increase the amounts" shall be omitted.
5. In section 8(4) of that Act for the words "the Family Allowances Acts 1965 to 1969" there shall be substituted the words "the Child Benefit Act 1975".
The Attachment of Earnings Act 1971 (c. 32)
6. In Schedule 4 to the Attachment of Earnings Act 1971 for the words "The Family Allowances Act 1965" there shall be substituted the words "The Child Benefit Act 1975".
The Social Security Act 1971 (c. 73)
7. In section 2(5) of the Social Security Act 1971 for the words "any allowances under the Family Allowances Act 1965" there shall be substituted the words "any child benefit".
The National insurance Act 1974 (c. 14)
8. In section 6(1) of the National Insurance Act 1974 for the words "the Family Allowances Acts 1965 to 1969" there shall be substituted the words "the Child Benefit Act 1975".
The Social Security Act 1975 (c. 14)
9. In section 25 of the Social Security Act 1975 -
(a) in subsection (1) for paragraphs (a) to (c) there shall be substituted -
"(a) the woman is entitled to child benefit in respect of a child falling within subsection (2) below; or
(b) the woman is pregnant by her late husband.";
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(b) for subsection (2) there shall be substituted -
"(2) A child falls within this subsection if one of the conditions specified in section 43(1) of this Act (conditions of payment of increase for child dependants) is for the time being satisfied with respect to the child and the child is either -
(a) a son or daughter of the woman and her late husband; or
(b) a child in respect of whom her late husband was immediately before his death entitled to child benefit; or
(c) if the woman and her late husband were residing together immediately before his death. a child in respect of whom she was then entitled to child benefit.";
(c) in subsection (3) for the words "subsection (1)(a), (b) or (c) above" there shall be substituted the words "subsection (1)(a) or (b) above".
10. In section 31 of that Act for paragraph (b) there shall be substituted -
"(b) she is entitled to child benefit in respect of a child and either -
(i) she was so entitled immediately before that husband's death; or
(ii) in such circumstances as may be prescribed, he was then so entitled; and".
11. In section 32 of that Act -
(a) in subsection (2)(b) for the words "widow or a child of the family of a qualifying contributor" there shall be substituted the words "or widow of a qualifying contributor or a child in respect of whom a qualifying contributor was entitled to child benefit";
(b) in subsection (2)(c)(i) for the words "a child of the family of a person who pre-deceased him (and was so at the death of that person)" there shall be substituted the words "a child in respect of whom a person who pre-deceased him was entitled at that person's death to child benefit".
12. In section 38 of that Act -
(a) in subsection (1) for the words "in respect of a child of his family, where" there shall be substituted the words "in respect of a child where he is entitled to child benefit in respect of that child and";
(b) subsection (4)(c)(iii) shall be omitted;
(c) for subsection (5) there shall be substituted -
"(5) Where a husband and wife are residing together and, apart from this subsection, they would each be
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entitled to a guardian's allowance in respect of the same child, only the wife shall be entitled but payment may be made either to her or to him unless she elects in the prescribed manner that payment is not to be made to him."
13. In section 41 of that Act -
(a) in subsection (1) for the words "has a family which includes" and "the appropriate amount specified in relation to the benefit in question in Schedule 4, Part IV, column (2) or (3)" there shall be substituted respectively the words "is entitled to child benefit in respect of" and "the amount specified in relation to the benefit in question in Schedule 4, Part IV, column (2)";
(b) in subsection (4) for the words from "for the time being included in her family" onwards there shall be substituted the words "in respect of whom she is for the time being entitled to child benefit by the amount specified in relation to that allowance in Schedule 4, Part IV, column (2)";
(c) in subsection (5) for the words "has a family which includes" and "the appropriate amount specified in relation to that allowance in Schedule 4, Part IV, column (3)" there shall be substituted respectively the words "is entitled to child benefit in respect of" and "the amount specified in relation to that allowance in Schedule 4, Part IV, column (2)".
14. Section 42 of that Act shall be omitted.
15. In section 43 of that Act -
(a) in subsection (1) the words "who is, or who falls to be treated for the purposes of the relevant provision as a child of that person's family" shall be omitted and for paragraph (a) there shall be substituted -
"(a) that the beneficiary would be treated for the purposes of the Child Benefit Act as having the child living with him; or";
(b) in subsection (2), in paragraph (a)(ii) for the words "living together" there shall be substituted the words "residing together" and for paragraph (b) there shall be substituted -
"(b) the contributions are over and above those required for the purpose of satisfying subsection (1)(b) of section 3 of the Child Benefit Act.";
(c) subsections (3) and (4) shall be omitted.
16. In section 44 of that Act -
(a) in subsections (1) and (2) for the words "column (4)" there shall be substituted the words "column (3)";
(b) in subsection (3)(c) for the words "a child or children of the beneficiary's family, or of a child or children treated as such for the purposes of section 41" there shall be substituted the words "a child or children in respect of whom tho beneficiary is entitled to child benefit".
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17. In section 45(2) of that Act for the words "column (4)" there shall be substituted the words "column (3)".
18. In section 46(2) of that Act for the words "column (4)" and "a child or children of the pensioner's family, or of a child or children treated as such for the purposes of section 41" there shall be substituted respectively the words "column (3)" and "a child or children in respect of whom the pensioner is entitled to child benefit''.
19. In section 47(1) of that Act for the words "column (4)" there shall be substituted the words "column (3)".
20. In section 56(7) of that Act for the words "school-leaving age" there shall be substituted the words "the age of 16''.
2!. In section 64 of that Act -
(a) in subsection (1) for the words "has a family which includes a child or children" there shall be substituted the words "is entitled to child benefit in respect of a child or children.";
(b) subsections (3) and (4) shall be omitted.
22. In section 65 of that Act -
(a) in subsection (1) for paragraph (a) there shall be substituted -
"(a) the beneficiary would be treated for the purposes of the Child Benefit Act as having the child living with him; or";
(b) in subsection (2), in paragraph (a)(ii) for the words "living together" there shall be substituted the words "residing together" and for paragraph (b) there shall be substituted -
"(b) the contributions are over and above those required for the purpose of satisfying subsection (I)(b) of section 3 of the Child Benefit Act.";
(c) subsection (3) shall be omitted.
23. In section 66(1)(d) of that Act for the words "a child or children of the beneficiary's family, or a child or children treated as such for the purpose of section 64 above" there shall be substituted the words "a child or children in respect of whom the beneficiary is entitled to child benefit."
24. In section 68(2)(a) of that Act the words "in respect of a child of the deceased's family" shall be omitted.
25. In section 70 of that Act -
(a) in subsection (1) for the words "had a family which included a child or children, then, for any period during which a person has a family which includes that child or one or more of those children" there shall be substituted the words "was entitled to child benefit in respect of a child or children, then, for any period for which a person is entitled to child benefit in respect of that child or one or more of those children";
(b) subsection (3) shall be omitted;
(c) in subsection (4) for "to (3)" there shall be substituted "and (2)".
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26. In section 73 of that Act -
(a) in subsection (1)(a) for the words "had a family which included" there shall be substituted the words "was entitled to child benefit in respect of";
(b) subsection (2) shall be omitted.
27. In section 80 of that Act -
(a) in subsection (1) the words following paragraph (b) shall be omitted;
(b) in subsection (2) paragraph (c) together with the word "or" immediately preceding it shall be omitted.
28. In section 85(2) of that Act for the words "pension or allowance" there shall be substituted the words "pension, allowance or benefit" and the words "excluding an allowance under the Family Allowances Act, but" shall be omitted.
29. In section 86 of that Act the following shall be omitted -
(a) in subsection (1) the words "or a family allowance", "or by virtue of section 11(6) of the Family Allowances Act" and ", or as the case may be, to a guardian's allowance under section 38 of this Act";
(b) in subsection (2) the words "or a family allowance", "or allowance" (in each place) and "or of the said section 11(6)";
(c) in subsection (3) the words "or of a family allowance", " or such an allowance" and "or family allowance";
(d) subsection (4)(b);
and in subsection (5) for the words "as being a child of the family or" there shall be substituted the words "as being a child in respect of whom the payee is entitled to child benefit or as being" and in subsection (6) the words "or a family allowance" and "or family allowance" shall be omitted.
30. In section 93(1) of that Act paragraph (c) shall be omitted.
31. In section 95 of that Act in subsection (1) for paragraph (d) there shall be substituted -
"(d) a question which by virtue of regulations under Part 1I of this Act falls to be determined by the Secretary of State in his discretion".
32. Section 118 of that Act shall be omitted.
33. In section 119(4)(c) of that Act for the words from "a child of the family" onwards there shall be substituted the words "a child, or by way of an attendance allowance in respect of a person who is under the age of sixteen, where the person entitled to the benefit or allowance is one of two spouses who are residing together;".
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34. In Part IV of Schedule 4 to that Act -
(a) in the heading of column (2) the words "only, elder or eldest" shall be omitted;
(b) column (3) shall be omitted;
(c) in the heading of column (4) for "(4)" there shall be substituted "(3)" and in the words following the table for the words "column (4)" (in both cases) there shall be substituted "column (3)";
(d) in column (2) of paragraph 8 there shall be inserted a figure corresponding to that in the second column of paragraph 10 of Part I of that Schedule.
35. In Part V of Schedule 4 to that Act -
(a) in paragraphs 9 and 10 the whole entry in the second column shall be omitted except the figure in sub-paragraph (a);
(b) in paragraph 15, in the first column, for the words "in respect of children of deceased's family" there shall be substituted the words "in respect of children" and the whole entry in the second column shall be omitted except the figures in sub-paragraphs (a)(i) and (b)(i).
36. In Schedule 15 to the Act in paragraph 15 for sub-paragraphs (a) and (b) there shall be substituted the words "having effect by virtue of section 8 of the Child Benefit Act".
37. In Schedule 16 to that Act in paragraph 6 for sub-paragraphs (a) and (b) there shall be substituted the words "having effect by virtue of section 8 of the Child Benefit Act".
38. In Schedule 20 to that Act, the definitions of "Child'', "child of family", "Family allowance", "The Family Allowances Act" and "School-leaving age" shall be omitted and the following definitions shall be inserted at the appropriate points -
"'Child' | A person under the age of nineteen who would be treated as a child for the purposes of the Child Benefit Act or such other person under that age as may be prescribed." |
"'The Child Benefit Act' | The Child Benefit Act 1975." |
"'Entitled to child benefit' | A person who is residing with his spouse shall be treated as entitled to any child benefit to which his spouse is entitled.
Regulations may, for the purposes or any provision of this Act under which the right to any benefit or increase of benefit depends on a person being or having been entitled to child benefit, make provision whereby a person is to be treated as if he were or had been so entitled or as if he were not or had not been so entitled." |
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"'School-leaving age' | Unless regulations otherwise provide, a person shall be deemed for the purposes of this Act to have attained or not to have attained school-leaving age if he is over or, as the case may be, under the upper limit of compulsory school age; and a person who at any time attains the upper limit of compulsory school age shall not be treated as being under that limit at any time thereafter, notwithstanding any subsequent change in that limit." |
"'The upper limit of compulsory school age' | In relation to England and Wales, subject to section 9 of the Education Act 1962, the age that is for the time being that limit by virtue of section 35 of the Education Act 1944 together with any Order in Council made under that section and, in relation to Scotland, the age at which under the law for the time being in force the parents of the person in question cease to be under obligation to cause him to receive efficient education." |
The Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)
39. In section 7(3)(c) of the Industrial Injuries and Diseases (Old Cases) Act 1975 for the words "has a family which includes" there shall be substituted the words "is entitled to child benefit in respect of".
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SCHEDULE 5
REPEALS
PART I
ABOLITION OF FAMILY ALLOWANCES
Chapter | Short Title | Extent of Repeal |
10 & 11 Eliz. 2. c. 12. | The Education Act 1962. | In section 9(5) the words "family allowances or". |
1965 c. 53. | The Family Allowances Act 1965. | The whole Act. |
1967 c. 90. | The Family Allowances and National Insurance Act 1967. | Section 2(1) and (2). Section 3(1). Section 4(1)(a) and (2)(a). In Schedule 3, paragraphs 2 and 5(1) . |
1968 c. 49. | The Social Work (Scotland) Act 1968. | In Schedule 8, paragraph 74. |
1969 c. 44. | The National Insurance Act 1969. | Section 8(2)(c). |
1969 c. 54. | The Children and Young Persons Act 1969. | In Schedule 5, paragraphs 54 and 78. |
1970 c. 55. | The Family Income Supplements Act 1970. | In section 3(4) the words "and increase the amounts". |
1973 c. 38. | The Social Security Act 1973. | In Schedule 27, paragraphs 48, 50 and 53. |
1975 c. 11. | The Social Security Benefits Act 1975. | Sections 9 and 10. In section 14(2) the words "and with the Family Allowances Acts 1965 to 1969 as the Family Allowances Acts 1965 to 1975". In Schedule 5, paragraphs 5 and 6. |
1975 c. 14. | The Social Security Act 1975. | Section 38(4)(c)(iii). Section 42. In section 43, in subsection (1) the words "who is, or who falls to be treated for the purposes of the relevant provision as a child of that person's family" and subsections (3) and (4). Section 64(3) and (4). Section 65(3). In section 68(2)(a) the words "in respect of a child of the deceased's family". Section 70(3). Section 73(2).
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Chapter | Short Title | Extent of Repeal |
1975 c. 14. cont. | The Social Security Act 1975. cont. | In section 80, in subsection (1) the words following paragraph (b) and in subsection (2), paragraph (c) together with the word "or" immediately preceding it. In section 85(2) the words "excluding an allowance under the Family Allowances Act, but". In section 86, in subsection (1) the words "or a family allowance", "or by virtue of section 11(6) of the Family Allowances Act" and ", or as the case may be, to a guardian's allowance under section 38 of this Act", in subsection (2) the words "or a family allowance", "or allowance" (in each place) and "or of the said section 11(6)", in subsection (3) the words "or of a family allowance", "or such an allowance", and "or family allowance", subsection (4)(b), in subsection (6) the words "or a family allowance" and "or family allowance". Section 93(1)(c). Section 118. In Schedule 4, in Part IV, in the heading of column (2) the words "only, elder or eldest" and column (3), and in Part V, in paragraphs 9 and 10 the whole of the entry in the second column except the figure in sub-paragraph (a), and in paragraph 15(a) and (b) the whole of the entry in the second column except the figure in sub-paragraph (i). In Schedule 9, in paragraph 1(a) the words from "nor shall" onwards, paragraph 1(b) and in paragraph 1(c) the words from "and any allowance" onwards. In Schedule 20 the definitions of "Child", "child of family", "Family allowance", "The Family Allowances Act" and "School-leaving age". |
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Chapter | Short Title | Extent of Repeal |
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraphs 13 to 18. |
1975 c. 60. | The Social Security Pensions Act 1975. | In Schedule 4, paragraphs 6 and 48. In Schedule 5, in the entry relating to the Social Security Act 1975, the entry relating to section 42(4)(a). |
1975 c. 61. | The Child Benefit Act 1975. | Sections 16, 18 and 21(5). |
PART II
ABOLITION OF WAGE-STOP
Chapter | Short Title | Extent of Repeal |
1966 c. 20. | The Supplementary Benefit Act 1966. | In Schedule 2, paragraph 5. |
1970 c. 55. | The Family Income Supplements Act 1970. | Section 13(2). |
1972 c. 46. | The Housing (Financial Provisions) (Scotland) Act 1972. | In Schedule 2, paragraph 20. In Schedule 2, paragraph 18(3). |
1972 c. 47. | The Housing Finance Act 1972. | In Schedule 3, paragraph 20. In Schedule 4, paragraph 17(3). |