The Guardian's Allowance (General) (Amendment) Regulations 2006

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    (3) In paragraph (2) after "child" insert or "qualifying young person".

     5. In regulation 5 (illegitimate children) in the words following paragraph (b) after "the child" insert "or qualifying young person".

     6. —(1) Amend regulation 6 (children of divorced parents) as follows.

    (2) In paragraph (1)—

(a) in sub-paragraph (a) for "a child's parents" substitute "the parents of a child or qualifying young person";

(b) in sub-paragraph (b) after "the child" insert "or qualifying young person";

(c) for sub-paragraph (c)(i) substitute—


" (i) providing that the child or qualifying young person is to reside with that other parent; or"



(d) in sub-paragraph (c)(ii) for "the child's maintenance" substitute "the maintenance of the child or qualifying young person";

(e) in sub-paragraph (d) after "child" insert "or qualifying young person"; and

(f) in the words following sub-paragraph (d) for "the child's parents" substitute "the parents of the child or qualifying young person".

    (3) In paragraph (2)—

(a) after "a child" insert "or qualifying young person";

(b) for "the child's parents" substitute "the parents of the child or qualifying young person".

     7. In regulation 8(1) (rate of allowance and payment to the National Insurance Fund or the Northern Ireland National Insurance Fund) after "a child" insert "or qualifying young person".

     8. —(1) Amend regulation 9 (residence condition) as follows.

    (2) In paragraph (1), in the words before sub-paragraph (a)—

(a) after "a child" insert "or qualifying young person"; and

(b) for "the child's parents" substitute "the parents of that child or qualifying young person".

    (3) For paragraph (3) substitute—

    " (3) Where a child or qualifying young person has been adopted by two persons jointly references in paragraph (1) above to the parents of the child or qualifying young person are to be read as references to those two persons.

    (3A) Where a child or qualifying young person has been adopted by one person only, that person must satisfy the requirements of paragraph (1) above.".

    (4) In paragraph (4) for "the child's mother" substitute "the mother of the child or qualifying young person".

     9. —(1) Amend regulation 10 (prescribed manner of making an election) as follows.

    (2) For paragraphs (2) and (3) substitute—

    " (2) Notice of the election must be given at an appropriate office.

    (3) In paragraph (2) "an appropriate office" means—


(a) in relation to guardian's allowance under the Act, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear;

(b) in relation to guardian's allowance under the Northern Ireland Act, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast;

(c) in relation to guardian's allowance under either of those Acts—


(i) Comben House, Farriers Way, Netherton, Merseyside; or

(ii) any Enquiry Centre maintained by Her Majesty's Revenue and Customs.".

Gillian Merron

Vernon Coaker
Two of the Lords Commissioners for Her Majesty's Treasury

2nd February 2006

[2] 1992 c. 7. Section 77 has been amended by paragraph 30 of Schedule 1 to the Child Benefit Act 2005.back

[3] See section 49(1)(a) and (2)(a) of the Tax Credits Act 2002 (c. 21).back

[4] S.I. 2003/495: there are amendments, but none is relevant for present purposes.back