CBTM00001 - Child Benefit Technical Manual: Main Contents


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CBTM01000Overview and purpose


The purpose and structure of the CBTM / The purpose of Child Benefit and Guardians Allowance / How to claim or get more information / Comments about this manual
CBTM02000Claims, awards and rates


Making a claim / Time within which claim is to be made / Amending claims / Withdrawing claims / Defective applications / Claims for Child Benefit treated as claims for Guardians Allowance and vice versa / Advance claims and awards / Date of entitlement under an award for the purposes of payability / Effective date of change of rate / Duration of claims and awards
Child Benefit rates / Guardians Allowance rates
CBTM03000Payments


Manner of payment / Direct credit transfers / Time of payment / Circumstances where a person may elect to have Child Benefit paid weekly / Elections for weekly payment by persons to whom Child Benefit was payable for a period beginning before and ending after 15 March 1982 / Manner of making elections for weekly payment under Regulations 19 and 20 / Interim payments / Information to be given and changes to be notified / Fractional amounts of benefit or allowance / Payments to persons under 18 years old / Extinguishment of right to a payment if it is not obtained within the prescribed period
CBTM04000Third parties


Persons who may be able to act on behalf of those unable to act / Persons who may proceed with a claim made by a person who has died / Persons who may receive payments which a person who has died has not obtained / Persons who may make a claim on behalf of a person who has died / Payment to one person on behalf of another / Payment to partner as alternative payee
CBTM05000 - part 1Overpayments and recoveries


Recovery of overpayments made by direct credit transfer / Circumstances in which a determination need not be reversed, varied, revised or superseded / Offsetting prior payments of Child Benefit and Guardians Allowance against arrears payable by virtue of a subsequent determination / Offsetting prior payments of Income Support or Jobseekers Allowance against arrears of Child Benefit or Guardians Allowance payable by virtue of a subsequent determination / Exception from offset of recoverable overpayment / Bringing interim payments into account / Recovery of overpaid interim payments
CBTM05000 - part 2 Misrepresentation and failure to disclose - general considerations


Consequences of misrepresentation and failure to disclose / Considering the overpayment question / Considering recoverability / Consideration of evidence / Balance of probabilities / Effect of destruction of documents / Effect of criminal conviction / Deciding between misrepresentation and failure to disclose
CBTM05000 - part 3 Misrepresentation


Meaning of misrepresentation / Misrepresentation - allegation of disclosure / Misrepresentation - incomplete statements / Misrepresentation - knowledge of a material fact / Exception to misrepresentation / Misrepresentation - declaration on orderbook foils / Misrepresentation - no declaration on orderbook foils / Misrepresentation - sight of orderbook foils / Misrepresentation - circumstantial evidence
CBTM05000 - part 4 Failure to disclose


Meaning of failure to disclose / Points to consider / Disclose / The duty to disclose / The legal duty to disclose (general) / Failure to comply with legal duty to disclose specific changes in relation to entitlement / Failure to comply with legal duty to disclose specific changes in relation to payment of benefit / Failure to comply with legal duty to disclose other changes relating to entitlement to, or payment of benefit / Disclosure reasonably to be expected / Material fact already known by Her Majesty's Revenue & Customs / Disclosure by a third party
CBTM05000 - part 5 Overpayment is recoverable


Deciding from whom the overpayment is to be recoverable
CBTM05000 - part 6 Period of the overpayment


Start of the recoverable overpayment - misrepresentation / Start of the recoverable overpayment - failure to disclose / End of the recoverable overpayment - misrepresentation and failure to disclose
CBTM06000Responsibility for a child or qualifying young person


Meaning of - responsible for a child or qualifying young person in a week / Meaning of - living with the claimant / Treated as - living with the claimant/ Days of absence to be disregarded / Maximum disregard for days in hospital or in prescribed residential accommodation / Meaning of - prescribed residential accommodation / Incurring expenditure for a child or qualifying young person / Contributing to the cost of providing for a child or qualifying young person / Contributions made separately by two or more persons / Meaning of week
CBTM07000Prescribed conditions for a child or qualifying young person


Meaning of child and qualifying young person / Education and training conditions / Meaning of - advanced education including studying both non-advanced and advanced education and working whilst undertaking relevant education or training/ Meaning of - full-time education/ Meaning of - relevant education and training/ Meaning of - approved training/Meaning of - qualifying body/Meaning of - Careers Service/ Meaning of - Connexions Service/ Meaning of - remunerative work / Continued entitlement until 31 August for 16 year olds / Extension period for 16 and 17 year olds / Interruptions to relevant education or training / Qualifying young persons terminal dates / Qualifying young person gets other financial support
CBTM08000Exclusions from entitlement to Child Benefit and Priority between persons entitled to Child Benefit


The structure of the law. Understanding the chapter and the law which is used / Qualifying young person living with another person as a member of a couple / Qualifying young person in a relevant relationship / More than one person entitled to claim Child Benefit / Priority of entitlement between persons entitled to Child Benefit / Relinquishing the right of priority to Child Benefit entitlement / Child or qualifying young person in detention, care, etc / Definition/interpretation of a day and a week when a child is in detention, care etc / The schedule 9 exclusion from entitlement to Child Benefit when in detention or care / The 8 week continuing entitlement under the schedule 9 exclusion / Circumstances where ChB entitlement starts/resumes after the 9th consecutive week in detention or care / Fostering and adoption exclusions / Child or qualifying young person undergoing imprisonment or detention in legal custody / Child or qualifying young person in care / Interpretation of facts existing in a week
CBTM09000Entitlement after death of a child or qualifying young person


Continued period of entitlement following the death of a child or qualifying young person / The term "couple" means.
CBTM10000Residence and Immigration


Residence: Introduction / Present ordinarily resident and right to reside / Temporary absent from Great Britain or Northern Ireland / Circumstances in which a child or qualifying young person is to be treated as being in Great Britain or Northern Ireland / Overlap of entitlement under both the legislation of Great Britain and Northern Ireland / Crown servants posted overseas / Right to reside in the UK / Seafarers and offshore workers
Immigration: Introduction / General exclusion of people subject to immigration control from entitlement / people subject to immigration control / people not subject to immigration control / Exceptions to the general exclusion.
CBTM11000General and supplementary provisions


Persons treated as residing together / Polygamous marriages / Right to Child Benefit of voluntary organisation / No requirement to state national insurance number / Exception to rules preventing duplicate payments / Use of electronic communications
CBTM12000 Guardians Allowance


Making a claim / time limits for claims / evidence / amending claims / Withdrawing a claim / Defective claims/ treating GA as ChB and ChB as GA / Advance claims / Date payment starts for claim / Date of change of rate of GA / Duration of claims / General conditions of entitlement / Modifications / Step Parents / Fosterers and Prospective Adopters are excluded from Child Benefit and so excluded from Guardians Allowance when the child is in care of Local Authority / Adopted child or qualifying young person not in care of the local authority / Illegitimate child or qualifying young person / Child or qualifying young person of divorced parents / Surviving parent in prison / Rate of allowance and payment to the National or Northern Irish Insurance Fund / Residence / Prescribed manner for making an election under section 77(9) of the Act or section 77(9) of the NI Act / Whereabouts of surviving parent / Frozen rates for claimants living abroad / Manner of payments & overpayments
CBTM13000Abbreviations


A - Z