The Child Benefit (Miscellaneous Amendments) Regulations 2025
The Child Benefit (Miscellaneous Amendments) Regulations 2025, effective September 1st, 2025, modify the Child Benefit (General) Regulations 2006.
Key changes include amending the definition of "full-time education" to remove the specific exception for those with illnesses or disabilities, focusing instead on the actual hours of study.
Consequential amendments to the education and training condition for eligibility have also been made, simplifying the criteria and removing outdated provisions related to types of education delivery.
This simplifies eligibility, improves clarity, and addresses accessibility concerns for disabled students.
Arguments For
Improved clarity and fairness in eligibility criteria: The amendments aim to simplify the definition of full-time education for child benefit eligibility, removing ambiguities and making the process more transparent and equitable.
Support for disabled students: By removing the exception for those unable to attend full-time education due to illness or disability, the regulations ensure a more inclusive approach to child benefit, focusing on the actual hours of study rather than a strict definition of full-time attendance.
Streamlined administration: The simplification of the eligibility criteria may reduce administrative burden for both applicants and the government.
Arguments Against
Potential for increased cost: Removing the stricter definition of full-time education could lead to a rise in the number of eligible claimants and a subsequent increase in government expenditure.
Unforeseen consequences: Changing established eligibility criteria may have unintended consequences not fully considered during the amendment process. This could lead to difficulties in practical implementation and unforeseen administrative challenges.
Limited impact assessment: The lack of a full impact assessment raises concerns about a potentially insufficient consideration of potential negative consequences.
The Treasury make these Regulations in exercise of the powers conferred by sections 142(2) and 175(1A), (3), (4) and (5) of the Social Security Contributions and Benefits Act 19921 and sections 138(2) and 171(1), (3), (4) and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, now exercisable by them3.
The Treasury created these regulations using powers granted by the Social Security Contributions and Benefits Act 1992 (for England and Wales/Scotland) and the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (for Northern Ireland).
These Regulations may be cited as the Child Benefit (Miscellaneous Amendments) Regulations 2025 and come into force on 1st September 2025.
These regulations are officially called the Child Benefit (Miscellaneous Amendments) Regulations 2025 and will be in effect from September 1, 2025.
The Child Benefit (General) Regulations 20064 are amended as follows.
This section outlines the changes made to the existing Child Benefit (General) Regulations 2006.
In regulation 1 (citation, commencement and interpretation) in paragraph (3) in the definition of “full-time education”—
(a) omit “except in regulation 3(2)(ab)”;
(b) for paragraph (a) substitute—
(a) is education undertaken in pursuit of a course, where the time spent during term time in receiving tuition, engaging in practical work, or supervised study, or taking examinations—
(i) on average exceeds 12 hours per week, or
(ii) in the case of a person who suffers from an illness or physical or mental disability, is any amount of hours appropriate for that person’s individual circumstances, and”.
Changes were made to the definition of 'full-time education' within Regulation 1 of the 2006 regulations.
The exception for individuals unable to attend full-time education due to illness or disability was removed.
The new definition focuses on the number of hours spent studying, setting a minimum of 12 hours per week as a standard, with allowances made for those with illnesses or disabilities based on individual circumstances.
In regulation 3 (education and training condition)—
(a) in paragraph (2)—
(i) in sub-paragraph (a) omit paragraphs (i) and (ii);
(ii) omit sub-paragraph (ab);
(iii) in sub-paragraph (b) omit “or (ab)”;
(b) omit paragraphs (3) and (5);
(c) in paragraph (4) omit “, (2)(ab)”.
Regulation 3, concerning the education and training condition for child benefit, was also updated.
Specific subparagraphs and paragraphs within this regulation related to the exception for individuals with disabilities and alternative education settings were removed, creating a streamlined and clearer eligibility criteria for child benefit.
These removals are consequential to the changes to the definition of "full-time education" presented above.
These Regulations amend regulations 1 and 3 of the Child Benefit (General) Regulations 2006 (“the CB(G)Rs”).
Regulation 2 of these Regulations changes the education and training condition for eligibility to child benefit. Regulation 2(2) amends the definition of “full-time education” in regulation 1(3) of the CB(G)Rs to remove the condition that a person, who is the subject of a claim, must undertake a course of education that is full-time, where they are unable to due to illness or a physical or mental disability. Regulation 2(3)(a) makes consequential amendments and omits regulation 3(2)(ab) of the CB(G)Rs, so that appropriate full-time education, within section 4 of the Education and Skills Act 2008 (c. 25), is no longer within the education and training condition. Regulation 2(3)(b) omits paragraphs (3) and (5) of regulation 3 of the CB(G)Rs to remove the condition that a qualifying young person must either have been receiving education, which is provided other than at a school or college, as a child or meet prescribed conditions. Regulation 2(3)(c) makes consequential amendments.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
The explanatory note summarizes the key amendments to regulations 1 and 3 of the Child Benefit (General) Regulations 2006.
It clarifies the changes to the education and training conditions for child benefit eligibility, emphasizing the removal of specific exemptions related to disability status and alternative educational settings.
The note also explicitly states that a full impact assessment was not conducted due to a lack of anticipated impact on the private or voluntary sectors.