§ Earl Russellasked Her Majesty's Government:
Whether they are satisfied that Section 13(2) of the Social Security Administration Act 1992, which prescribes that "except where regulations otherwise provide, no person shall be entitled to child benefit 30WA for any week on a claim made by him after that week if child benefit in respect of the same child has already been paid for that week to another person, whether or not that other person was entitled to it" is equitable in its effects, and whether they have received any complaints on its operation.
Viscount AstorThe purpose of Section 13(2) of the. Act is to ensure that public money is not used to pay child benefit twice in respect of the same child for the same period.
In cases where a child's circumstances change so that another person may be entitled to child benefit, that person must claim at the earliest opportunity. In doing so any difficulties that might arise from the application of this legislation will be avoided or reduced.
No information is available about complaints concerning this section of the Act.
§ Earl Russellasked Her Majesty's Government:
How paragraph 4 of Schedule 10 to the Social Security Contributions and Benefits Act 1992 operates in cases where guardianship is awarded away from the natural parent because of his illness or other incapacity.
Viscount AstorSchedule 10 operates on a successive basis to establish the priority of entitlememt between two claims which have both satisfied the basic conditions of entitlement. That is, if one claim satisfies the provisions of, say, paragraph 2, then there is no further need to consider any of the subsequent paragraphs in the schedule.
In cases where two people have claimed child benefit for the same child, paragraph 4 of Schedule 10 operates to confer priority of entitlement to the child's parent. If both people are the unmarried parents of the child and are residing together, then the mother has priority of entitlement.
Illness or incapacity is not a criterion which is normally relevant to the provisions of paragraph 4 of this schedule.