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Regulation 2 Amendment of the Child Benefit (General) Regulations

Original text. Later amendments are not shown.

(1)

The Child Benefit (General) Regulations (Northern Ireland) 1979f1 shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 1(2) (interpretation)—

(a)

after the definition of “the Order” there shall be inserted the following definition—

  • ““the Children Order” means the Children (Northern Ireland) Order 1995;”; and

(b)

after the definition of “benefit” there shall be inserted the following definition—

  • ““the Foster Placement Regulations” means the Foster Placement (Children) Regulations (Northern Ireland) 1996;”f2.

(3)

In regulation 3 (child in residential accommodation in prescribed circumstances) for the words from “Order 1972” to the end there shall be substituted—

  • “Order 1972 or under the Children Order) are any circumstances in which a child—

    1. (a)

      who has attained the age of eighteen is in residential accommodation pursuant to arrangements made under the said Article 7; or

    2. (b)

      is in residential accommodation pursuant to arrangements made under Article 18(1) of the Children Order (provision of services for children in need) and is a child to whom—

      1. (i)

        Article 17(b) of the Children Order (impairment of health or development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him, or

      2. (ii)

        Article 17(c) of the Children Order (disability) applies.”.

(4)

In regulation 4(3) (days of absence to be disregarded in determining whether a child is living with a person) after “Order 1972” there shall be inserted “or under the Children Order”.

(5)

In regulation 18 (children in detention, care, etc.)—

(a)

in paragraph (5) after sub-paragraph (e)f3 there shall be added the following sub-paragraphs—

“(f)

provided with accommodation by an authority under Article 21 of the Children Order (provision of accommodation for children);

(g)

treated by virtue of paragraph 15 of Schedule 8 to the Children Order (children in voluntary care) as a child who is provided with accommodation under Part IV of that Order; or

(h)

in the care of an authority pursuant to a care order within the meaning of Article 2(2) of the Children Order (interpretation).”;

(b)

in paragraph (8)—

(i)

for “boarded-out by the Department in the home of” there shall be substituted “placed by an authority with”, and

(ii)

for “the Children and Young Persons (Boarding-Out) Regulations (Northern Ireland) 1976” there shall be substituted “the Foster Placement Regulations”; and

(c)

after paragraph (8) there shall be added the following paragraphs—

“(9)

Paragraph (6) shall not apply in respect of any child in the care of an authority who has been placed for adoption in the home of a person proposing to adopt him, provided that an authority is making a payment in respect of either the child’s accommodation or maintenance or both, under Article 27 of the Children Order.

(10)

For the purposes of paragraph (9), placing for adoption means placing for adoption in accordance with the Adoption Agencies Regulations (Northern Ireland) 1989f4.

(11)

In this regulation “authority” has the same meaning as in Article 2 of the Children Order.”

(6)

In regulation 19 (right to benefit of voluntary organisations) in paragraphs (1)(b) and (7)f5—

(a)

for “boarded-out” there shall be substituted “placed”; and

(b)

for “the Children and Young Persons (Boarding-Out) Regulations (Northern Ireland) 1976” there shall be substituted “the Foster Placement Regulations”.

Annotations

Footnotes

f1

S.R. 1979 No. 5; relevant amending regulations are S.R. 1979 No. 361 and S.R. 1980 Nos. 261 and 427

f2

S.R. 1996 No. 467

f3

Sub-paragraph (e) was added by regulation 2 of S.R. 1980 No. 427

f4

S.R. 1989 No. 253

f5

Paragraph (7) was added by regulation 7 of S.R. 1980 No. 261