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Neutral Citation Number:
Reported Number: R(F)3/96
File Number: CF 1015 1995
Appellant:
Respondent:
Judge/Commissioner: Dr D. G. Rice
Date Of Decision: 02/10/1996
Date Added: 23/07/2002
Main Category: Benefits for children
Main Subcategory: child benefit
Secondary Category: Claims and payments
Secondary Subcategory: other
Notes: Claim - second child - whether separate claim required for each child The claimant had, on 1 April 1979, claimed child benefit for his first child born on 4 March 1978. However, the claim was not adjudicated upon until August 1990 when a claim was made for child benefit for the claimant’s second child born on 15 January 1980. The reason the claimant did not claim in respect of his second child until August 1990 was that he had been erroneously told in 1979 that he was not entitled to child benefit in respect of his first child. A tribunal confirmed the AO’s decision that the claimant was not entitled to child benefit for his second child for any period earlier than six months prior to the date of claim (see regulation 19(6)(a) of the Social Security (Claims and Payments) Regulations 1987 as then in force). The claimant appealed. Held that: 1. having regard to various provisions in the Child Benefit Act 1975, it was clear that a separate claim for child benefit had to be made for each eligible child. It was not open to a claimant simply to seek a review of an existing award to take account of the birth of another child; 2. incorrect advice given by an officer of the Department could not give rise to an estoppel as the adjudicating authorities had no jurisdiction to award a benefit for which there is no statutory authority (R(F) 8/60 and R(F) 3/61 applied).
Decision(s) to Download: F3_96.doc F3_96.doc