Social Services and Well-being (Wales) Act 2014
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1(1)Where a local authority is looking after a child (other than in the cases mentioned in sub-paragraph (8) [F1, and in cases where charging is prohibited by or under an enactment]) it must consider whether it should recover contributions towards the child's maintenance from any person liable to contribute (“a contributor”).E+W
(2)An authority may only recover contributions from a contributor if it considers it reasonable to do so.
(3)A person is liable to contribute if he or she is an adult with parental responsibility for the child.
(4)A person is not liable to contribute during any period when the person is in receipt of a benefit which falls within a category specified in regulations.
(5)In sub-paragraph (4) “benefit” includes any allowance, payment, credit or loan.
(6)A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is living with a parent of the child under arrangements made by the authority in accordance with section 81.
(7)A contributor is not obliged to make any contribution towards a child's maintenance except as agreed or determined in accordance with this Schedule.
(8)The cases are those in which the child is looked after by a local authority under—
(a)section 76;
(b)an interim care order under the Children Act 1989;
[F2(c)section 260 of the Sentencing Code.]
Textual Amendments
F1Words in Sch. 1 para. 1(1) inserted (1.9.2021 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 49(5), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2)
F2Sch. 1 para. 1(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 306(1) (with Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1Sch. 1 para. 1 excluded by S.I. 2012/2813, regs. 2A(c), 5A (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 paras. 131, 132)
C2Sch. 1 para. 1 excluded by S.I. 2005/1313, reg. 46A(2) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(8))
Commencement Information
I1Sch. 1 para. 1 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)
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