11.—(1) Subject to paragraphs (2) and (3), the applicant and any partner of the applicant and, where the applicant or the applicant's partner is treated as responsible for a child or young person by virtue of regulation 10 (responsibility for another person), that child or young person and any child of that child or young person, are to be treated as members of the same household even if temporarily absent from that household.
(2) A child or young person is not to be treated as a member of the applicant's household where that child or young person is—
(a)boarded out with the applicant or any partner of the applicant under a relevant enactment or placed with the applicant or any partner of the applicant by a local authority under section 22C(5) and (6)(a) or (b) or section 23(2)(a) of the Children Act 1989 M1 or by a voluntary organisation under section 59(1)(a) of that Act M2;
(b)boarded out or placed with the applicant or any partner of the applicant prior to adoption; or
(c)placed for adoption with the applicant or any partner of the applicant in accordance with the Adoption and Children Act 2002 M3 or the Adoption Agencies (Scotland) Regulations 2009 M4.
(3) Subject to paragraph (4), paragraph (1) does not apply to a child or young person who is not living with the applicant and the child or young person—
(a)is in the care of, or is being looked after by, a local authority under a relevant enactment;
(b)has been boarded out or placed with a person other than the applicant prior to adoption; or
(c)has been placed for adoption in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009.
(4) A child or young person to whom paragraph (3)(a) applies is to be treated as being a member of the applicant's household in any reduction week where—
(a)that child or young person lives with the applicant for part or all of that reduction week; and
(b)the relevant authority considers that it is reasonable to do so taking into account the nature and frequency of that child's or young person's visits.
(5) In this regulation “relevant enactment” means the Social Work (Scotland) Act 1968 M5, the Family Law Reform Act 1969 M6, the Children and Young Persons Act 1969 M7, the Children Act 1975 M8, the Domestic Proceedings and Magistrates' Courts Act 1978 M9, the Family Law Act 1986 M10, the Children Act 1989 M11, the Armed Forces Act 1991 M12 and the Children (Scotland) Act 1995 M13.
Marginal Citations
M11989 c.41. In relation to England sections 22A to 22F were substituted for section 23 by section 8 of the Children and Young Persons Act 2008 (c.23). Section 23(2)(a) remains in force in relation to Wales and was amended by section 49 of the Children act 2004 (c.31) and paragraph 7 of Schedule 3 to the Children and Young Persons Act 2008 (c.23).
M2Section 59(1)(a) was amended by paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14), section 49 of the Children Act 2004 (c.31) and paragraph 2 of Schedule 1 and paragraph 23 of Schedule 3 to the Children and Young Persons Act 2008 (c.23)..
M4S.S.I. 2009/154, as amended by S.S.I. 2010/172 and 2011/211.