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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916)(“the Appeals Regulations”) and the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492)(“the Administration Regulations”).

Regulation 1 provides for citation and commencement.

Regulation 2 introduces the amendments to the Appeals Regulations.

Regulations 3, 4 and 5 amend regulations 5, 13 and 16 respectively of the Appeals Regulations so that an advance award of child benefit or guardian’s allowance can be superseded (if appropriate) where there is a change of circumstances between the date when the award was made, and when it is due to take effect.

Regulation 5 also specifies the date from which a decision by the Board shall take effect in circumstances where there has been an appeal against that decision, the result of which is to reverse the Board’s decision in whole or in part.

Regulation 6 amends regulation 26 of the Appeals Regulations to provide that the Board shall provide a written statement of reasons within 14 days of receipt of the request or as soon as practicable thereafter.

Regulation 7 introduces the amendments to the Administration Regulations.

Regulation 8 amends regulation 22 of those Regulations to provide for an interim payment where it is impractical to satisfy national insurance number requirements.

Regulation 9 makes further provision in regulation 26 of those Regulations for the extinguishment of the right to payment of benefit.

Regulation 10 amends regulation 27 of the Administration Regulations as a result of the introduction of new legislation in Scotland.

Regulation 11 makes further provision in respect of the handling of a claim where the claimant has died.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.