PART IVSUPPORT FOR CHILDREN AND THEIR FAMILIES

Contributions towards maintenance of children looked after by an authority

Agreed contributions40

1

Contributions towards a child's maintenance may only be recovered if the authority has served a notice (a “contribution notice”) on the contributor specifying—

a

the weekly sum which the authority considers that he should contribute; and

b

arrangements for payment.

2

The contribution notice must be in writing and dated.

3

Arrangements for payment shall, in particular, include—

a

the date on which liability to contribute begins (which must not be earlier than the date of the notice);

b

the date on which liability under the notice will end (if the child has not before that date ceased to be looked after by the authority); and

c

the date on which the first payment is to be made.

4

The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by the authority for all children looked after by it.

5

The authority shall not specify in a contribution notice a weekly sum greater than that which the authority considers—

a

it would normally be prepared to pay if it had placed a similar child with authority foster parents; and

b

it is reasonably practicable for the contributor to pay (having regard to his means).

6

An authority may at any time withdraw a contribution notice (without prejudice to the authority's power to serve another).

7

Where the authority and the contributor agree—

a

the sum which the contributor is to contribute; and

b

arrangements for payment,

(whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid.

8

A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice.

9

Paragraph (7) is without prejudice to any other method of recovery.