Regulation 4A Persons to be treated as responsible for childrenF1
For the purposes of this Part, subject to paragraph (4), a person (“P”) is to be treated as responsible for a child if paragraph (2) or (3) applies.
This paragraph applies if—
P is receiving child benefit in respect of the child, unless P is a child in respect of whom another person is receiving child benefit; or
no one is receiving child benefit in respect of the child but the child usually lives with P.
This paragraph applies where P is receiving child benefit in respect of a child who is in receipt of child benefit in respect of another child in which case P is to be treated as responsible for both children.
P is not to be treated as responsible for a child if the child is—
being looked after by a local authority within the meaning of section 22 of the Children Act 1989, or section 93 of the Children (Scotland) Act 1995, F2or section 74 of the Social Services and Well-being (Wales) Act 2014, unless the child usually lives with P; or
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
Annotations
Textual amendments
- F1
Reg. 4A inserted (24.1.2011) by Social Fund Maternity Grant Amendment Regulations 2011 (S.I. 2011/100), regs. 1(1), 2(2)
- F2
Words in reg. 4A(4)(a) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), art. 10, reg. 1
Notes on Part II
Textual amendments
- F1
Words in Pt. II heading inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018 (S.I. 2018/1138), art. 3(3) (with reg. 4)