The Jobseeker’s Allowance Regulations 1996

26.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

(a) in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 F1 (permitted allowances) [F2 or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002] or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978 F3 (schemes for payment of allowances to adopters);

(b) which is a payment made by a local authority in pursuance of section 50 of the Children Act 1975 F4 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

(c) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 F5 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

[F6 (d) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);]

to the extent specified in sub-paragraph (2).

[F7 (1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.]

(2) In the case of a child or young person–

(a) to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

Textual Amendments

F1 1976 c.36; section 57A was inserted by the Children Act 1989 (c.41), section 88 and Schedule 10 paragraph 25.

F2 Words in Sch. 7 para. 26(1)(a) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(4)(a)(i)

F3 1978 c.28.

F4 1975 c.72.

F5 1989 c.41.

F6 Sch. 7 para. 26(1)(d) added (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(1)(2)(e)

F7 Sch. 7 para. 26(1A) inserted (1.10.2003) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 (S.I. 2003/2279), regs. 1(a), 3(4)(a)(ii)