Explanatory note

These Regulations amend the Child Benefit (General) Regulations (Northern Ireland) 1979 (“the 1979 Regulations”).

Under regulation 3 of the 1979 Regulations a person may be entitled to child benefit notwithstanding the absence of a child who is in residential accommodation pursuant to certain arrangements. Regulation 2 amends the said regulation 3 where the accommodation is provided under the Children (Northern Ireland) Order 1995 (“the Children Order”).

Regulation 2(5)(a) amends regulation 18(5) of the 1979 Regulations as a consequence of the coming into operation of the Children Order so as to provide that there will be no title to child benefit in respect of a child who is looked after by an authority in specified circumstances.

Regulation 2(5)(c) amends regulation 18 of the 1979 Regulations so as to provide that there will be no title to child benefit in the case of a child in care, who is placed for adoption and in respect of whom an authority is making a payment.

Regulation 3 is a transitional provision relating to the continuation of entitlement to child benefit in respect of a child placed for adoption prior to 4th November 1996.

The Regulations also update references consequential upon the coming into operation of the main provisions of the Children Order.

These Regulations correspond to provision contained in regulations made by the Secretary of State for Social Security in Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.