CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975

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CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 25



25. Where in consequence of this Order any payments fall to be made by way of
adjustment out of the Northern Ireland National Insurance Fund into the
Consolidated Fund or out of moneys appropriated by Measure into the Northern
Ireland National Insurance Fund, those payments shall be taken to be such, and
payments on account of them shall be made at such time and in such manner, as
may be determined by the Department subject to any directions given by the
Department of Finance.

1.(1) Except where regulations otherwise provide, no person shall be entitled
to child benefit in respect of a child for any week if in that week the child

(a)is undergoing imprisonment or detention in a young offenders centre or a
Borstal institution;

(b)is authorised under

(i)any provision of the Children and Young Persons Act (Northern Ireland)
1968; or

(ii)paragraph 7 of Schedule 9 to the Education and Libraries (Northern
Ireland) Order 1972;

(b)to be detained in a training school, and is not absent from the school on
licence;

(c)is liable to be detained by virtue of section 73 of that Act of 1968 and is
not discharged on licence;

(d)is the subject of an order under that Act of 1968 committing him to custody
in any place to which he may be committed on remand;

(e)is subject to a provision of a supervision order made under that Act of
1968 requiring him to reside in an institution;

(f)is

(i)in the care of the Department; or

(ii)the subject of a parental rights order under section 104 of that Act of
1968,

(e)in such circumstances as may be prescribed.

[(2) In sub-paragraph (1) the reference to a child in the care of the
Department includes a reference to a child in the care of a Health and Social
Services Board established under Article 16 of the Health and Personal Social
Services (Northern Ireland) Order 1972.]

2.(1) No person shall be entitled to child benefit by virtue of Article
4(1)(b) in respect of a child if the education in question is received by that
child by virtue of his employment or of any office held by him.

(2) Regulations may specify the circumstances in which a child is or is not to
be treated as receiving education as mentioned in sub-paragraph (1).

3. Except where regulations otherwise provide, no person shall be entitled to
child benefit in respect of a child who is married.

4. Except where regulations otherwise provide, no person shall be entitled to
child benefit in respect of a child if either that person or such other person
as may be prescribed is exempt from tax under such provisions as may be
prescribed.

5. Except where regulations otherwise provide, no person shall be entitled to
child benefit in respect of a child for any week in which the child is
entitled to a non-contributory invalidity pension under the Social Security
Act.

1.(1) Subject to sub-paragraph (2), as between a person claiming child benefit
in respect of a child for any week and a person to whom child benefit in
respect of that child for that week has already been awarded when the claim is
made, the latter shall be entitled.

(2) Sub-paragraph (1) shall not confer any priority where the week to which
the claim relates is later than the third week following that in which the
claim is made.

2. Subject to paragraph 1, as between a person entitled for any week by virtue
of sub-paragraph (a) of paragraph (1) of Article 5 and a person entitled by
virtue of sub-paragraph (b) of that paragraph the former shall be entitled.

3. Subject to paragraphs 1 and 2, as between a husband and wife residing
together the wife shall be entitled.

4.(1) Subject to paragraphs 1 to 3, as between a person who is and one who is
not a parent of the child the parent shall be entitled.

(2) Subject as aforesaid, as between two persons residing together who are
parents of the child but not husband and wife, the mother shall be entitled.

5. As between persons not falling within paragraphs 1 to 4, such one of them
shall be entitled as they may jointly elect or, in default of election, as the
Department may in its discretion determine.

6.(1) Any election under this Schedule shall be made in the prescribed manner.

(2) Regulations may provide for exceptions from and modifications of the
provisions of paragraphs 1 to 5 in relation to such cases as may be
prescribed.

1. In this Schedule "benefit" means child benefit in relation to which the
rate is increased under Article 7 and "the increase date" means the date fixed
for the commencement of payment of benefit at the increased rate.

2.(1) Where benefit has been awarded before the increase date, then, subject
to any prescribed exceptions or conditions, the benefit shall (except as
respects any period falling before that date) become payable at the increased
rate without any claim being made therefor, and the award shall have effect
accordingly.

(2) Where benefit is awarded before the increase date but after that date has
been fixed, the award may provide for benefit to be paid as from the increase
date at the increased rate or may be expressed in terms of the rate
appropriate when the award is made.

3. Where in connection with benefit any question arises in respect of a period
after the increase date

(a)as to the weekly rate at which a person is contributing to the cost of
providing for a child; or

(b)as to the expenditure that a person is incurring in respect of a child,

Schedule 4Amendments. Schedule 5Repeals

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Northern Irish Legislation

CHILD BENEFIT (NORTHERN IRELAND) ORDER 1975 - SECT 25