The Employment and Support Allowance Regulations 2008

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

(a) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002(1) or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978(2) (schemes for payment of allowances to adopters);

(b) 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(3) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);

(c) which is a payment made by an authority, as defined in Article 2 of the Children (Northern Ireland) Order 1995(4), in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contributions by an authority to child’s maintenance);

(d) 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)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002(6).

(1)

2002 c. 38.

(2)

1978 c. 28.

(3)

1989 c. 41. Section 15(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16, paragraph 10 and paragraph 15 of Schedule 1 was amended by the Civil Partnership Act 2004 (c. 33), section 78(1) and (3).

(4)

S.I. 1995/755 (N.I. 2).

(5)

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

(6)

2002 c. 38.