21(1)Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they 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 they consider it reasonable to do so.
(3)The persons liable to contribute are—
(a)where the child is under sixteen, each of his parents;
(b)where he has reached the age of sixteen, the child himself.
(4)A parent is not liable to contribute during any period when he is in receipt of income support [F1under][F2Part VII of the Social Security Contributions and Benefits Act 1992,][F3 of any element of child tax credit other than the family element, of working tax credit][F4[F5, of an income-based jobseeker's allowance or of an income-related employment and support allowance]].
(5)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 [F6“living with, under arrangements made by the authority in accordance with section 22C,] a parent of his.
(6)A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.
(7)The cases are where the child is looked after by a local authority under—
(a)section 21;
(b)an interim care order;
(c)[F7section 92 of the Powers of Criminal Courts (Sentencing) Act 2000].
Textual Amendments
F1Words in Sch. 2 para. 21(4) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional savings and provisions in arts. 3 and 4)
F2Words in Sch. 2 Pt. III para. 21(4) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(c)
F3Words in Sch. 2 para. 21(4) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional provisions and savings in arts. 3 and 4)
F4Words in Sch. 2 para. 21(4) added (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(5); S.I. 1996/2208, art. 2
F5Words in Sch. 2 para. 21(4) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(6); S.I. 2008/787, art. 2(4)(f)
F6Words in Sch. 2 para. 21(5) substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 5; S.I. 2010/2981, art. 4(a)
F7Words in Sch. 2 Pt. III para. 21(7)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 130
Modifications etc. (not altering text)
C1Sch. 2 para. 21: power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(2)(b), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
C2Sch. 2 para. 21 excluded (30.12.2005) by: The Adoption Agencies Regulations 2005 (S.I. 2005/389), reg. 45(2)(d); The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), reg. 46(2)(d)
Commencement Information
I1Sch. 2 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)