Regulation 15 Modification of the Act in relation to title to benefit for beneficiary's child dependants
By reason only of the fact that he is not entitled to child benefit in respect of a child, a person shall not be disentitled from receiving a benefit or an allowance or an increase of a benefit or an allowance under the Act in respect of a child (hereafter in this regulation referred to as “child dependency benefit”) in respect of that child for any period during which he and the child are, or the child is, absent from Northern Ireland in a country in circumstances in which he would, in pursuance of any agreement with the government of a country outside the United Kingdom, be entitled to receive child dependency benefit in respect of the child were he entitled to child benefit in respect of the child if—
he would, or could, had he made an appropriate claim, have been entitled to child benefit in respect of the child had all the requirements of Article 15(2) and (3) of the Child Benefit Order (requirements as to presence in Northern Ireland) been satisfied; and
in a case where he would not be treated for the purposes of the Child Benefit Order as having the child living with him, he is contributing to the cost of providing for the child, in addition to any contribution he may be required to make under the Act, at a weekly rate not less than that of the child benefit which would be payable to him in respect of the child were child benefit so payable to him; and
no other person is entitled to child benefit in respect of the child.
For any period during which a person who is absent from Northern Ireland would satisfy the requirements of paragraph (1) above in relation to a child but for the fact that that child is present in Northern Ireland, that child shall, for the purposes of that paragraph, be treated as being present in the country in which that person is.
By reason only of the fact that he is not entitled to child benefit in respect of a child, a person shall not be disentitled from receiving child dependency benefit in respect of that child for any period during which he or the child is, or both of them are, absent from Northern Ireland in circumstances in which, otherwise than in pursuance of such an agreement as is referred to in paragraph (1) above or of regulations made under section 133 of the Act (co-ordination with Great Britain) were he entitled to child benefit in respect of the child he would be entitled to receive child dependency benefit in respect of the child if—
he would, or could had he made an appropriate claim, have been entitled to child benefit in respect of the child had all the requirements of Article 15(2) and (3) of the Child Benefit Order (requirements as to presence in Northern Ireland) been satisfied; and
in a case where he would not be treated for the purposes of the Child Benefit Order as having the child living with him, he is contributing to the cost of providing for the child, in addition to any contribution he may be required to make under the Act, at a weekly rate not less than that of the child benefit which would be payable to him in respect of the child were child benefit so payable to him; and
he establishes that any absence from Northern Ireland of himself or the child was, when it began, intended to be temporary and has throughout continued to be temporary; and
no other person is entitled to child benefit in respect of the child.
For the purpose of paragraph (1) above, such a person or child as is there referred to may be treated as being absent from Northern Ireland notwithstanding that he has not previously been present in Northern Ireland; and for the purposes of paragraph (3) above, a child born during the absence from Northern Ireland of his mother shall, if she was pregnant of that child at a time when she was present in Northern Ireland, be treated as having been present in Northern Ireland on the date on which his mother was last present in Northern Ireland before the child was born.
Where a person—
immediately before returning to Northern Ireland was entitled to receive child dependency benefit in respect of a child; and
would on his return to Northern Ireland have continued to be entitled to receive child dependency benefit in respect of that child were he entitled to child benefit in respect of the child he shall not be disentitled from receiving child dependency benefit in respect of the child by reason only of the fact that he is not entitled to child benefit in respect of the child if—
he would, or could had he made an appropriate claim, have been entitled to child benefit in respect of the child had all the requirements of Article 15(2) and (3) of the Child Benefit Order (requirements as to presence in Northern Ireland) been satisfied; and
in a case where he would not be treated for the purposes of the Child Benefit Order as having the child living with him, he is contributing to the cost of providing for the child, in addition to any contribution he may be required to make under the Act, at a weekly rate not less than that of the child benefit which would be payable to him in respect of the child were child benefit so payable to him; and
no other person is entitled to child benefit in respect of the child.
Where a person who was absent from Northern Ireland immediately before 4th April 1977 (the date on which child benefit first becomes payable) or a subsequent date on which the rate or any of the rates of child benefit is or are increased—
is entitled to receive child dependency benefit in respect of a child for a continuous period beginning before and continuing after that date; and
no other person is entitled to child benefit in respect of that child for that period,
any provision made pursuant to Article 19(1) or (4) of the Child Benefit Order whereby, having regard to the introduction of child benefit or to an increase in the rate or any of the rates of child benefit, the weekly rate of child dependency benefit payable in respect of that child would be subject to a reduction shall not have effect so as (by reason only of that reduction) to reduce the total weekly rate of benefit (including benefit (if any) which is not child dependency benefit payable in respect of that child) payable to that person below the total weekly rate of such benefit payable to him immediately before that date.