
1 

(1) These regulations may be cited as the
Social Security Benefit (Dependency) Amendment Regulations 1980 and shall
come into operation on 2nd June 1980.
(2) In these regulations the expression “principal regulations” means the Social Security
Benefit (Dependency) Regulations 1977.
2 
In Part 1
(General) of the principal regulations immediately after 
regulation 4 there shall be inserted the following
new regulations:—“
4A 

(1) For the purposes of 
section 38 (guardian's allowance) or 
sections 41, 44(3)(c), 
46(2), 49, 
64(1) and 66(1)(d)
(increase of benefit in respect of dependent children, and female persons
having care of dependent children) a person shall be treated as
if he were entitled to child benefit in respect of a child for any period
throughout which—
(a) child benefit has been awarded to a parent
of that child with whom that child is living and with whom that person is
residing and either—
(i) the child is being wholly or mainly maintained
by that person; or
(ii) that person is also a parent of the
child; or
(b) he, or his spouse with whom he is residing,
would have been entitled to child benefit in respect of that child had the
child been born at the end of the week immediately preceding the week in which
birth occurred.
(2) For the purposes of 
sections 41, 44(3)(c), 
46(2), 49(a), 
64(1) and 66(1)(d),
where a beneficiary is a man, he shall be treated as if he were entitled to
child benefit in respect of any child ordinarily not living with him of whom
he is a parent if—
(a) the person who is entitled to child benefit
in respect of that child is that man's wife or former wife and is also a parent
of that child; and
(b) he is contributing to the cost of providing
for that child at a rate which is at least equal to the lowest amount at which
any benefit specified in the second column of 
Part IV of Schedule 4 to the Act is payable.

(3) For the purpose of determining whether
a person is entitled to a guardian's allowance under 
section 38, where in respect of a child that
allowance is payable to a person for a continuous period of 7 days and would
have been payable to that person for the immediately preceding 7 days had
he been entitled to child benefit in respect of that child for an earlier
week, he shall be treated as if he were entitled to child benefit in respect
of that child for that earlier week.
(4) If for any period a person who is in
Great Britain could have been entitled to receive payment of an amount by
way of a benefit or allowance or an increase of a benefit or an allowance
under the Act in respect of a child or a female person who has the care of
a child but for the fact that in pursuance of any agreement with the government
of a country outside the United Kingdom he, or his wife who is residing with
him, is entitled in respect of the child in question to the family benefits
of that country and is not entitled to child benefit, he shall for the purposes
of entitlement to the said payment be treated as if he were entitled to child
benefit for the period in question.
(5) The expression 
“earlier week” in 
paragraph (3) means 
the week immediately preceding the first week for which the person referred
to in that paragraph was entitled to child benefit in respect of the child
referred to in that paragraph.
(6) For the purposes of 
paragraph (1) the word 
“week” has the meaning assigned
to it by section 24(1)
of the Child Benefit Act; and for the purposes
of paragraphs (1) and (2)
a child shall not be regarded as living with a person unless he can be so
regarded for the purposes of section 3
(meaning of “person responsible for child”
) of the said Act.

4B 

(1) For the purposes of 
section 31 (child's special allowance), 
section 38 (guardian's allowance) or 
sections 41, 44(3)(c), 
46(2), 49, 
64(1) and 66(1)(d)
(increase of benefit in respect of dependent children, and female persons
having care of dependent children) a person who is entitled to
child benefit in respect of a child shall be treated as if he were not so
entitled for—
(a) any period throughout which—
(i) that person, not being a parent of the
child, does not fall to be treated as responsible for the child under 
section 3(1)(a) of the Child Benefit Act, and

(ii) a parent of that child falls to be treated
as responsible for the child under the said 
section 3(1)(a); or
(b) any period throughout which—
(i) that person, not being a parent of that
child, falls to be treated as responsible for the child under 
section 3(1)(a) of the Child Benefit Act, and

(ii) a parent of that child also falls to
be treated as responsible for the child under the said 
section 3(1)(a); or
(c) any day following the day on which that
child died.
(2) Sub-paragraph
(b) of paragraph (1) shall not apply in the
case of a person who is wholly or mainly maintaining the child referred to
in that sub-paragraph.”
3 
Regulations 6 and 7
of the principal regulations (circumstances in which a person is to be treated
as if he were or, as the case may be, were not entitled to child benefit)
are hereby revoked.
Patrick Jenkin
Secretary of State for Social Services
24th April 1980