(SD29/07) Child Benefit Act 2005 (c. 6) Section 1

The Child Benefit Act 2005 (Application) Order 2007 (SD29/07) was made 19 December 2006 and approved by Tynwald 20 February 2007. Article 2(1) of that Order provides that “the applied legislation” means:- (a) sections 1, 3, 4, 6 and 7 of; and (b) Schedules 1 and 2 to, the Child Benefit Act 2005 (an )1. Article 1(3) of that Order provides that each of the provisions of the applied legislation shall be deemed to have come into force on 10 April 2006.

CHILD BENEFIT ACT 2005 CHAPTER 6

1. Persons for whom child benefit may be claimed (1) ...... 2 (2) [Substituted section 142 of Social Security Contributions and Benefits Act 1992.] (3) Schedule 1 contains amendments consequential on this section. 2. Persons for whom child benefit may be claimed: (Not applied) 3. Repeals Schedule 2 contains repeals of enactments. 4. Financial provision There is to be paid out of money provided by Tynwald or out of the Manx National Insurance Fund (as the case may be) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided. 5. Extent (Not applied) 6. Commencement This Act shall be deemed to have come into force on 10th April 2006. 7. Short title This Act may be cited as the Child Benefit Act 2005.

1 2005 c. 6. 2 Paragraph (1) spent following substitution of section 141 of the Social Security Contributions and Benefits Act 1992.

[Mar 10] 3.301 (SD29/07) Child Benefit Act 2005 (c. 6) Schedule 1

Schedule 1 - Consequential amendments Section 1 Social Security Contributions and Benefits Act 1992 (c.4) 1. The Social Security Contributions and Benefits Act 1992 is amended as follows. 2. (1) Section 37 (widowed mother's allowance) is amended as follows. (2) [Amended subsection (1)(a).] (3) [Amended subsection (2).] 3. (1) Section 39A (widowed parent's allowance) is amended as follows. (2) [Amended subsection (2)(a) (3) [Amended subsection (3).] 4. (1) Section 77 (guardian's allowance) is amended as follows. (2) [Amended subsection (1).] (3) [Amended subsection (2).] (4) [Amended subsection (3).] (5) [Amended subsection (4).] (6) [Amended subsection (5).] (7) [Amended subsection (7).] (8) [Amended subsection (8).] (9) [Amended subsection (9).] (10) [Amended subsection (10).] (11) [Amended subsection (11).] 5...... 1 6...... 2 7. (1) Section 114 (persons maintaining dependants etc.) is amended as follows. (2) [Amended subsection (1).] (3) [Amended subsection (3).] 8. (1) Section 122(1) (Parts 1 to 6: interpretation) is amended as follows.

1 Paragraph 5 repealed by Part 2 of Schedule 7 to the from 1 January 2011 (SD955/10). For transitional provisions see sections 15(2), (3) of the Welfare Reform Act 2009 2 Paragraph 6 repealed by Part 2 of Schedule 7 to the (SD193/09). This repeal has effect from 6 April 2010 (except in relation to a qualifying person at any time falling on or after that date but before the appropriate date): see section 4 and 27(4)(b) of the Pensions Act 2007.

[Mar 10] 3.302 (SD29/07) Child Benefit Act 2005 (c. 6) Schedule 1

(2) [Substituted the definition of “child”.] (3) [Inserted the definition of “qualifying young person” at the appropriate place.] 9. (1) Section 143 (child benefit person responsible for child) is amended as follows' (2) [Amended subsection (1).] (3) [Amended subsection (2).] (4) In subsection (3)- (a) [Amended the text.] (b) [Amended paragraph (a).] (c) [Amended paragraph (c).] (5) [Amended subsection (4).] (6) [Amended subsection (5).] (7) [Amended the heading.] 10. (1) Section 144 (child benefit: exclusions and priority) is amended as follows. (2) [Omitted subsection (1).] (3) [Amended subsection (2).] (4) [Amended subsection (3).] 11. [Amended section 145(2).] 12. (1) Section l45A (entitlement to child benefit after death of child) is amended as follows. (2) [Amended subsection (1).] (3) [Amended subsection (4).] (4) [Amended the heading.] 13. (1) Section 146 (child benefit: persons outside the Isle of Man) is amended as follows. (2) [Amended subsection (1).] (3) [Amended subsection (3).] 14. (1) Section 147 (child benefit: interpretation and supplementary) is amended as follows. (2) [Omitted the definition of “recognised educational establishment” from subsection (1).] (3) [Amended subsection (3).] 15. (1) Part 5 of Schedule 4 (rates of industrial injuries benefits) is amended as follows. (2) [Amended paragraph (a) in the second column in paragraphs 1 and 4.] (3) [Amended paragraph 12.]

[Mar 10] 3.303 (SD29/07) Child Benefit Act 2005 (c. 6) Schedule 1

16. (1) Schedule 7 (industrial injuries benefits) is amended as follows. (2) In paragraph 4- (a) [Amended subparagraph (1).] (b) [Amended subparagraph (4).] (3) [Amended paragraph 5(1).] (4) [Amended paragraph 6(1).] (5) [Amended paragraph 16(2)(a).] (6) [Amended paragraph 18 and the heading before that paragraph.] (7) [Amended paragraph 19 and the heading before that paragraph.] 17. (1) Schedule 9 (exclusions from entitlement to child benefit) is amended as follows. (2) [Amended paragraph 1 and the heading before it.] (3) [Omitted paragraph 2 and the heading before it.] (4) [Amended paragraph 3 and the heading before it.] 18. (1) Schedule l0 (priority between persons entitled to child benefit) is amended as follows. (2) [Amended paragraph 1(1).] (3) [Amended the heading before paragraph 2.] (4) [Amended paragraph 4.]

Social Security Administration Act 1992 (c. 5) 19. The Social Security Administration Act 1992 is amended as follows. 20. (1) Section 13 (necessity of application for child benefit) is amended as follows. (2) [Amended subsection (1C).] (3) [Amended subsection (2).] 21. [Amended sections 73(2)(c) and (5)(c).] 22. [Amended section 80.] 23. [Amended section 155(6).] 24. [Amended section 157(2).] 25. [Amended section 158(1).]

Social Security Act 1998 (c. 14) 26. [Amended section 18(2) of the Social Security Act 1998.]

[Mar 10] 3.304 (SD29/07) Child Benefit Act 2005 (c. 6) Schedule 2

Schedule 2 - Repeals Section 3

Short title and chapter Extent of repeal

Social Security Contributions and Benefits Act 1992 In section 143(3)(c), the word “being,”. (c.4) In section 144 subsection (1) and, in subsection (2), the words “in other cases” In section 147(1), the definition of “recognised educational establishment”. In Schedule 4, in Part 5, in paragraphs 1 and 4, in the second column, in paragraph (a), the words “child or adult”. In Schedule 9, paragraph 2 (and the heading before it).

Social Security Administration Act 1992 (c.5) In section 73(2)(c) and (5)(c), the words “child or adult”.

[Mar 10] 3.305 (SD29/07) Child Benefit Act 2005 (c. 6)

[Mar 10] 3.306