Regulation 21 Reference of a special question in child benefit casesI1
England, Wales and Scotland
In this regulation—
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“child benefit” means child benefit under Part IX of the Contributions and Benefits Act;
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“question” means any question as to the right to benefit other than a special question; and
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“special question” means any question relating to child benefit which, under the provisions of Schedule 10 to the Contributions and Benefits Act or Regulations made under the Acts, falls to be determined by the Secretary of State in his discretion; any question whether an establishment is a recognised educational establishment as defined in section 147(1) of the Contributions and Benefits Act or any question which by virtue of the provisions of regulation 5 of the Child Benefit (Residence and Persons Abroad) Regulations 1976f1 falls to be determined by the Secretary of State under the provisions of the Administration Act as if it were a question arising under that Act.
The following paragraphs apply if on consideration of any claim or question an adjudication officer is of the opinion that there arises a special question.
Subject to paragraph (4), the adjudication officer shall—
refer the question so arising for determination by the Secretary of State; and
deal with any other question as if the question so referred had not arisen.
The adjudication officer may—
postpone the reference of, or dealing with, any question until other questions have been determined;
in cases where the determination of any question disposes of a claim, or any part of it, determine that question and dispose of the claim or that part of it, without referring or dealing with any other question.
Annotations
Commencement
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Reg. 21 in force at 10.8.1995, see reg. 1(1)