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Insertion of regulation 27A into the Maintenance Assessments and Special Cases Regulations
25. After regulation 27 of the Maintenance Assessments and Special Cases Regulations there shall be inserted the following regulation–
“Child who is allowed to live with his parent under section 23(5) of the Children Act 1989
27A.—(1) Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of his under section 23(5) of the Children Act 1989(), that case shall be treated as a special case for the purposes of the Act.
(2) For the purposes of this case, section 3(3)(b) of the Act shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the parent of a child whom the local authority allow the child to live with under section 23(5) of the Children Act 1989.”.
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