The Employment and Support Allowance Regulations (Northern Ireland) 2008

25.—(1) Any payment made to the claimant in respect of a child or young person who is a member of the claimant’s family— N.I.

(a) in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987(1) (permitted allowances);

(b) which is a payment made by an authority in pursuance of paragraph 17 of Schedule 1 to the Children Order (contribution by an authority to child’s maintenance);

(c) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002(2) or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978(3) (schemes for payment of allowances to adopters) [F1 or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)] ;

(d) which is a payment made by a local authority in pursuance of paragraph 15 of Schedule 1 to the Children Act 1989(4) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) [F2 , or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children)] ;

(e) in accordance with regulations made pursuant to section 14F of the Children Act 1989(5) (special guardianship support services).

(2) Any payment, other than a payment to which sub-paragraph (1)(c) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

(3) In this paragraph and paragraphs 27 to 29 “authority” has the meaning given by Article 2 of the Children Order.

Textual Amendments

F1 Words in Sch. 8 para. 25(1)(c) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 46

F2 Words in Sch. 8 para. 25(1)(d) inserted (coming into force in accordance with reg. 1(2)(d) of the amending Rule) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 (S.R. 2009/338), reg. 8(18)(c)

Commencement Information

I1 Sch. 8 para. 25 in operation at 27.10.2008, see reg. 1(1)

(1)

S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

(2)

2002 c. 38

(3)

1978 c. 28; section 51A was inserted by paragraph 25 of Schedule 2 to the Children (Scotland) Act 1995 (c. 36)

(4)

1989 c. 41; section 15(1) was amended by paragraph 10(1) of Schedule 16 to the Courts and Legal Services Act 1990 (c. 41) and paragraph 15 of Schedule 1 was amended by section 78(3) of the Civil Partnership Act 2004

(5)

Section 14F was inserted by section 115(1) of the Adoption and Children Act 2002 (c. 38)