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Section 144(2).

SCHEDULE 9 Exclusions from entitlement to child benefit

Children in detention, care, etc.

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 legal custody;

(b) is subject to a supervision requirement made under section 44 of the [1968 c. 49.] Social Work (Scotland) Act 1968 and is residing in a residential establishment within the meaning of that section; or

(c) is in the care of a local authority in such circumstances as may be prescribed.

Employed trainees, etc.

2 (1) No person shall be entitled to child benefit by virtue of section 142(1)(c) above 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) above.

Married children

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

Persons exempt from tax

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.

Children entitled to severe disablement allowance

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 severe disablement allowance.

Section 144(3).

SCHEDULE 10 Priority between persons entitled to child benefit

Person with prior award

1 (1) Subject to sub-paragraph (2) below, 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) above 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.

Person having child living with him

2 Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 143 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.

Husband and wife

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

Parents

4 (1) Subject to paragraphs 1 to 3 above, 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.

Other cases

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

Supplementary

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 above in relation to such cases as may be prescribed.

Section 153(3).

SCHEDULE 11 Circumstances in which periods of entitlement to statutory sick pay do not arise

1 A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

2 The circumstances are that—

(a) at the relevant date the employee is over pensionable age;

(b) the employee’s contract of service was entered into for a specified period of not more than three months;

(c) at the relevant date the employee’s normal weekly earnings are less than the lower earnings limit then in force under section 5(1)(a) above;

(d) the employee had—

(i) in the period of 57 days ending immediately before the relevant date, at least one day which formed part of a period of interruption of employment; and

(ii) at any time during that period of interruption of employment, an invalidity pension day (whether or not the day referred to in paragraph (i) above);

(e) in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

(i) he was entitled to sickness benefit (or on which he would have been so entitled if he had satisfied the contribution conditions for sickness benefit mentioned in section 31(2)(a) above), or

(ii) she was entitled to a maternity allowance;

(f) the employee has done no work for his employer under his contract of service;

(g) on the relevant date there is, within the meaning of section 27 above, a stoppage of work due to a trade dispute at the employee’s place of employment;

(h) the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 153(12) above).

3 In this Schedule “relevant date” means the date on which a period of entitlement would begin in accordance with section 153 above if this Schedule did not prevent it arising.

4 (1) Paragraph 2(b) above does not apply in any case where—

(a) at the relevant date the contract of service has become a contract for a period exceeding three months; or

(b) the contract of service (the “current contract”) was preceded by a contract of service entered into by the employee with the same employer (the “previous contract”) and—

(i) the interval between the date on which the previous contract ceased to have effect and that on which the current contract came into force was not more than 8 weeks; and

(ii) the aggregate of the period for which the previous contract had effect and the period specified in the current contract (or, where that period has been extended, the specified period as so extended) exceeds 13 weeks.

(2) For the purposes of sub-paragraph (1)(b)(ii) above, in any case where the employee entered into more than one contract of service with the same employer before the current contract, any of those contracts which came into effect not more than 8 weeks after the date on which an earlier one of them ceased to have effect shall be treated as one with the earlier contract.

5 (1) In paragraph 2(d) above “invalidity pension day” means a day—

(a) for which the employee in question was entitled to an invalidity pension, a non-contributory invalidity pension (under section 36 of the 1975 Act) or a severe disablement allowance; or

(b) for which he was not so entitled but which was the last day of the invalidity pension qualifying period.

(2) In sub-paragraph (1)(b) above the “invalidity pension qualifying period” means the period mentioned in section 33(1) or, as the case may be, 40(3) or 41(2) above as falling within the period of interruption of employment referred to in whichever of those provisions is applicable.

6 For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than 8 weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7 Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he have a direct interest in the trade dispute in question.

8 Paragraph 2(h) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (as defined for the purposes of statutory maternity pay in section 171(1) above).