PART 4ELEMENTS OF AN AWARD

Responsibility for children or young persons

F1Order of children and qualifying young persons25B

1

Subject to paragraph (2), the order of children or qualifying young persons in a claimant's household is to be determined by reference to the following date in relation to each child or qualifying young person for whom the claimant is responsible (“A”), taking the earliest date first—

a

where the claimant, or if the claimant is a member of a couple, the other member, is A's parent or step-parent (in either case, other than by adoption), A's date of birth; or

b

in any other case, the date on which the claimant became responsible for A (or in the case of joint claimants where each of them became responsible for A on a different date, the earlier date).

2

In a case where—

a

the date in relation to two or more children or qualifying young persons for whom the claimant is responsible (as determined under paragraph (1)) is the same date; or

b

a claimant gave birth to a child less than 10 months after becoming responsible for a child or qualifying young person to whom paragraph 4 of Schedule 12 (non-parental caring arrangements) applies,

the order of those children or qualifying young persons (as between themselves only) in the claimant's household is the order determined by the Department that ensures that the amount mentioned in Article 15(1) of the Order is available in respect of the greatest number of children or qualifying young persons.

3

In this regulation and Schedule 12, “claimant” means a single claimant or either of joint claimants.