The Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025
These regulations, effective April 7, 2025, amend the Child Benefit and Guardian's Allowance (Administration) Regulations 2003, the Guardian's Allowance (General) Regulations 2003, and the Child Benefit (General) Regulations 2006.
Key changes include removing outdated provisions related to refugee status and marital status in eligibility for benefits, updating approved training programs, and adjusting National Insurance number requirements for younger parents claiming child benefit.
The amendments aim to streamline administration, improve clarity, and modernize the benefit system.
Arguments For
Streamlining administration: The amendments simplify the administration of child benefit and guardian's allowance by removing outdated or redundant provisions.
Modernizing eligibility criteria: Updates to approved training programs reflect current youth initiatives, while changes to refugee status handling align with contemporary immigration policies.
Improved clarity and accessibility: Removing inconsistencies and clarifying existing regulations enhances understanding for both claimants and administrators.
Addressing historical inequalities: The removal of provisions related to marital status reduces potential biases and creates a fairer benefit system.
Arguments Against
Unintended consequences: Amendments to eligibility criteria might inadvertently exclude deserving individuals, particularly those with complex family situations.
Implementation challenges: Updating existing IT systems and providing training to staff may present administrative challenges.
Lack of consultation: It's possible that relevant stakeholders were not properly consulted prior to implementation of changes.
Potential for increased workload: Removing exemptions may lead to a larger initial workload for administering bodies as applications and procedures adapt to the new regulations.
The Commissioners for His Majesty’s Revenue and Customs make regulations 1, 2 and 4(1) and (3) of these Regulations in exercise of the powers conferred by sections 5(1)(a) and (b), 13(1C) and 189(4) and (5) of the Social Security Administration Act 19921 and sections 5(1)(a) and (b), 11(1C) and 165(4) and (5) of the Social Security Administration (Northern Ireland) Act 19922, now exercisable by them3.
The Treasury make regulations 1, 3 and 4(1) and (2) of these Regulations in exercise of the powers conferred by sections 77(8)(a), 142(2) and 175(1A), (3) and (4) of the Social Security Contributions and Benefits Act 19924 and sections 77(8)(a), 138(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19925, now exercisable by them6.
This section details the legal basis for these regulations.
The Commissioners for His Majesty's Revenue and Customs (HMRC) and the Treasury are empowered to make these changes under specific sections of the Social Security Administration Acts of 1992 (for both Great Britain and Northern Ireland).
These powers are currently held by these bodies.
These Regulations may be cited as the Child Benefit and Guardian's Allowance (Miscellaneous Amendments) Regulations 2025 and come into force on 7th April 2025.
This section provides the official title of the regulations and states their effective date as April 7, 2025.
In regulation 6 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 20037 omit paragraphs (2)(d) and (e), (3) and (4).
Paragraph (1) does not apply to any person who, before the coming into force of these Regulations, has been recorded as a refugee by the Secretary of State or has been granted section 67 leave.
In this regulation “section 67 leave” means leave to remain in the United Kingdom granted by the Secretary of State to a person who has been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 20168.
This section amends Regulation 6 of the 2003 Child Benefit and Guardian's Allowance (Administration) Regulations.
Specific paragraphs are removed.
An exemption is provided for individuals recorded as refugees before the new regulations' effective date or granted leave under section 67 of the Immigration Act 2016.
The regulation defines 'section 67 leave' as leave to remain granted following relocation under the specified Act.
The Guardian’s Allowance (General) Regulations 20039 are amended as follows.
In regulation 3 (modification to section 77(2) of the Act) for “regulations 4 to 6 apply” substitute “regulation 4 applies”
.
Omit regulations 5 (illegitimate children) and 6 (children of divorced parents).
In regulation 9 (residence condition) omit paragraph (4).
Paragraphs (1) to (4) do not apply to a person (“P”) where—
before the coming into force of these Regulations, P has made a claim for guardian’s allowance in respect of a child, and
following that claim, guardian’s allowance is awarded.
Paragraph (5) applies in the event that, after these Regulations come into force, P makes a new claim for guardian’s allowance in respect of the same child.
This section amends the 2003 Guardian's Allowance (General) Regulations.
Regulation 3 is changed, replacing the phrase “regulations 4 to 6 apply” with “regulation 4 applies.” Regulations 5 and 6 are removed (they concern illegitimate and children of divorced parents).
Paragraph (4) of Regulation 9 is also removed.
A transitional provision protects existing claims and awards.
The Child Benefit (General) Regulations 200610 are amended as follows.
In regulation 1(3) (citation, commencement and interpretation), in the definition of “approved training”, in sub-paragraph (d), for ““Peace IV Children and Young People 2.1”” substitute ““PEACEPLUS Youth Programme 3.2””
.
“37.
(a)
(b)
to a claim for child benefit where the person making the claim—
(i)
has not attained the age of 16 at the time of making the claim, and
(ii)
is the biological parent of the child who is the subject of that claim.”.
This section amends the 2006 Child Benefit (General) Regulations.
The definition of "approved training" is updated to replace an older program with the PEACEPLUS Youth Programme.
Regulation 37 is replaced; it alters the requirement to provide a National Insurance number for child benefit claims.
Parents under 16 and those whose child lives with a voluntary organization are now exempt from this requirement.
Jim Harra
Myrtle Lloyd
Two of the Commissioners for His Majesty’s Revenue and Customs
21st February 2025
Vicky Foxcroft
Jeff Smith
Two of the Lords Commissioners of His Majesty's Treasury
24th February 2025
This section lists the signatories and dates of signing for both HMRC and the Treasury, signifying their formal approval of regulations.
These Regulations amend a number of statutory instruments in relation to child benefit and guardian’s allowance which are administered by His Majesty’s Revenue and Customs.
Regulation 2 amends regulation 6 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492) to change the date on which a refugee is treated as having made a claim for child benefit or guardian’s allowance, and provides transitional protection to those who, before these Regulations come into force, have been recorded as a refugee by the Secretary of State or granted leave pursuant to arrangements under section 67 of the Immigration Act 2016 (c. 19).
Regulation 3 omits regulations 5 and 6 from, and as a consequence amends regulations 4 and 9 of, the Guardian’s Allowance (General) Regulations 2003 (S.I. 2003/495) to remove the modifications to sections 77(2) and (3) of the Social Security Contributions and Benefits Act 1992 in respect of illegitimate children and children of divorced parents and provides transitional protection to existing awards and claims.
Regulation 4 amends the definition of “approved training” under regulation 1(3) of the Child Benefit (General) Regulations 2006 (S.I. 2006/223), to replace the Northern Irish Peace IV Children and Young People 2.1 with the PEACEPLUS Youth Programme 3.2 and amends regulation 37 to exclude parents under the age of 16 years from the need to provide a national insurance number to make a claim for child benefit.
A full impact statement has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sectors is foreseen.
This explanatory note summarizes the changes made by the regulations.
Regulation 2 adjusts the treatment of refugee claims for benefits.
Regulation 3 removes outdated provisions regarding marital status in relation to guardian's allowance.
Regulation 4 modifies the definition of approved training and changes the National Insurance number requirement for some child benefit claimants.
The note states that impact assessment was deemed unnecessary due to the expected limited impact on various sectors.