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Article 10 Amendment of the Child Benefit (General) Regulations 2003

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Child Benefit (General) Regulations 2003f1 shall be amended as follows.

(2)

In regulation 1(2) (interpretation)—

(a)

after the definition of “the Children Order” insert—

  • “ “civil partnership” means two people of the same sex who are civil partners of each other and are neither—

    1. (a)

      separated under a court order, nor

    2. (b)

      separated in circumstances in which the separation is likely to be permanent;

  • “cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;”; and

(b)

for the definition of “partner” substitute—

  • “ “partner” means, except in regulation 12, where a person is a member of—

    1. (a)

      a married couple,

    2. (b)

      an unmarried couple,

    3. (c)

      a cohabiting same-sex couple, or

    4. (d)

      a civil partnership,

    the other member of that couple or partnership as the case may be.”.

(3)

In regulation 4(4) (prescribed circumstances relating to contributions and expenditure in respect of a child) after “spouses” insert “or civil partners”.

(4)

In regulation 12(1) (child living with another person as his spouse)—

(a)

after “spouse” insert “or civil partner”; and

(b)

in the heading to regulation 12 add “or civil partner”.

(5)

For regulation 13 (married child) substitute—

“Child in a relevant relationship

13.
(1)

A person is not disentitled to child benefit in respect of a child in a relevant relationship by virtue of paragraph 3 of Schedule 9 to the Contributions and Benefits Act or paragraph 3 of Schedule 9 to the Contributions and Benefits (NI) Act (unless regulations otherwise provide no person to be entitled to child benefit in respect of a child in a relevant relationship) if—

(a)

that person is not the spouse or civil partner of that child; and

(b)

that child is not residing with his spouse or civil partner, or if he is, the spouse or civil partner is receiving full-time education.

(2)

In this regulation, “relevant relationship” means a marriage or civil partnership.”.

(6)

In regulation 34 (persons treated as residing together)—

(a)

in paragraph (a) omit “but not husband and wife”; and

(b)

in paragraph (b) after “spouses” insert “or two persons who are parents of a child”.

Annotations

Footnotes

f1

S.I. 2003/493, to which there are no relevant amendments.