{
  "url": "https://openlegislation.uk/guardians-allowance-general-regulations-2003/regulation-9",
  "json_url": "https://openlegislation.uk/guardians-allowance-general-regulations-2003/regulation-9.json",
  "legislation": "uksi/2003/495",
  "legislation_title": "The Guardian’s Allowance (General) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/guardians-allowance-general-regulations-2003",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Residence condition",
  "text": "(1) There shall be no entitlement to guardian’s allowance in respect of a child or qualifying young person unless at least one of the parents of that child or qualifying young person –\n(a) was born in the United Kingdom an EEA state or Switzerland; or\n(b) at the date of death of the parent whose death gives rise to the claim for guardian’s allowance, has, in any two year period since the age of 16, spent at least 52 weeks of that period in Great Britain or Northern Ireland, as the case may require.\n(2) For the purposes of paragraph (1)(b) above, a person shall be treated as being present in Great Britain or Northern Ireland (as the case may require) where –\n(a) his absence is by virtue of his employment –\n(i) as a serving member of the forces within the meaning of regulation 140 of the Social Security (Contributions) Regulations 2001;\n(ii) as an airman within the meaning of regulation 111 of those Regulations; or\n(iii) as a mariner within the meaning of regulation 115 of those Regulations; or\n(b) his absence is by virtue of his employment and that employment is prescribed employment within the meaning of regulation 114(1) of those Regulations (continental shelf operations).\n(3) Where a child or qualifying young person has been adopted by two persons jointly references in paragraph (1) above to the parents of the child or qualifying young person are to be read as references to those two persons.\n(3A) Where a child or qualifying young person has been adopted by one person only, that person must satisfy the requirements of paragraph (1) above.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 9(1) inserted (10.4.2006) by The Guardian’s Allowance (General) (Amendment) Regulations 2006 (S.I. 2006/204), regs. 1, 8(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 9(1) substituted (10.4.2006) by The Guardian’s Allowance (General) (Amendment) Regulations 2006 (S.I. 2006/204), regs. 1, 8(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 9(1)(a) inserted (6.4.2020) by The Tax Credits, Child Benefit, Guardian’s Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 7(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 9(3)(3A) substituted for reg. 9(3) (10.4.2006) by The Guardian’s Allowance (General) (Amendment) Regulations 2006 (S.I. 2006/204), regs. 1, 8(3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 9(4) omitted (7.4.2025) by virtue of The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/207), regs. 1, 3(4) (with reg. 3(5)(6))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 9 in force at 7.4.2003 (in accordance with reg. 1), see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2001/1004."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/495/regulation/9",
    "retrieved_at": "2026-10-29T06:30:55.628630+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}